Stainless Steel Bar From India: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order, 324-325 [2023-28931]

Download as PDF 324 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by exporters for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 21, 2023, the Coalition for Fair Trade in Shopping Bags (the petitioner) requested that Commerce postpone the final determination in the event of a negative preliminary determination.18 On December 20, 2023, Goldsun timely requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months in the event of an affirmative preliminary determination.19 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 18 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of the Final Determinations,’’ dated November 21, 2023. 19 See Goldsun’s Letter, ‘‘Request to Extend Final Determination,’’ dated December 20, 2023. VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The products within the scope of this investigation are paper shopping bags with handles of any type, regardless of whether there is any printing, regardless of how the top edges are finished (e.g., folded, serrated, or otherwise finished), regardless of color, and regardless of whether the top edges contain adhesive or other material for sealing closed. Subject paper shopping bags have a width of at least 4.5 inches and depth of at least 2.5 inches. Paper shopping bags typically are made of kraft paper but can be made from any type of cellulose fiber, paperboard, or pressboard with a basis weight less than 300 grams per square meter (GSM). A non-exhaustive illustrative list of the types of handles on shopping bags covered by the scope include handles made from any materials such as twisted paper, flat paper, yarn, ribbon, rope, string, or plastic, as well as die-cut handles (whether the punchout is fully removed or partially attached as a flap). Excluded from the scope are: • Paper sacks or bags that are of a 1⁄6 or 1⁄7 barrel size (i.e., 11.5–12.5 inches in width, 6.5–7.5 inches in depth, and 13.5–17.5 inches in height) with flat paper handles or die-cut handles; • Paper sacks or bags with die-cut handles, a grams per square meter paper weight of less than 86 GSM, and a height of less than 11.5 inches; and • Paper sacks or bags (i) with non-paper handles made wholly of woven ribbon or other similar woven fabric 20 and (ii) that are finished with folded tops or for which tied knots or t-bar aglets (made of wood, metal, or plastic) are used to secure the handles to the bags. The above-referenced dimensions are provided for paper bags in the opened position. The height of the bag is the distance from the bottom fold edge to the top edge (i.e., excluding the height of handles that extend above the top edge). The depth of the bag is the distance from the front of the bag edge to the back of the bag edge (typically measured at the bottom of the bag). The width of the bag is measured from the left to the right edges of the front and back panels (upon which the handles typically are located). 20 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 This merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Discussion of the Methodology V. Preliminary Affirmative Determination of Critical Circumstances VI. Currency Conversion VII. Recommendation [FR Doc. 2023–28945 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–810] Stainless Steel Bar From India: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on stainless steel bar (SS Bar) from India would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Expedited Sunset Review’’ section of this notice. DATES: Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT: Garry Kasparov, 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) 482–1397. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 21, 1995, Commerce published in the Federal Register the AD Order on SS Bar from India.1 On September 1, 2023, Commerce published Initiation Notice of the fifth sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.218(c)(2).2 1 See Antidumping Duty Orders: Stainless Steel Bar from Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order). 2 See Initiation of Five-Year Reviews, 88 FR 60438 (September 1, 2023) (Initiation Notice). E:\FR\FM\03JAN1.SGM 03JAN1 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 On September 15, 2023, Commerce received a notice of intent to participate from Carpenter Technology Corporation, Crucible Industries LLC, Electralloy, a G.O., Carlson, Inc. Company, Marcegaglia Stainless Richburg, LLC, North American Stainless, Universal Stainless & Alloy Products, Inc., and Valbruna Slater Stainless, Inc. (collectively, the petitioners) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The petitioners claimed interested party status under section 771(9)(C) of the Act as producers of a domestic like product in the United States. On September 29, 2023, we received a timely, adequate substantive response to the Initiation Notice from the petitioners within the 30-day deadline specified in 19 CFR 218(d)(3)(i).4 We received no substantive response from respondent parties nor was a hearing requested. On October 25, 2023, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive adequate substantive responses from any other interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited, i.e., 120-day, sunset review of the Order. Scope of the Order The merchandise subject to the Order is SS Bar. SS Bar means articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons or other convex polygons. SS Bar includes cold-finished SS Bars that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semifinished products, cut length flat-rolled products (i.e., cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times 3 See Petitioners’ Letter, ‘‘Notice of Intent to Participate,’’ dated September 15, 2023. 4 See Petitioners’ Letter, ‘‘Substantive Response,’’ dated September 29, 2023 (Petitioners’ Substantive Response). 5 See Commerce’s Letter ‘‘Sunset Reviews Initiated on September 1, 2023,’’ dated October 25, 2023. VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), wire (i.e., cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections. Imports of these products are currently classifiable under subheadings 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff Schedule (HTS). Although the HTS subheadings are provided for convenience and customs purposes, our written description of the scope of the Order is dispositive. Analysis of the Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the Order was revoked.6 A list of topics discussed in the Issues and Decision Memorandum is included as the appendix to this notice. 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Final Results of Expedited Sunset Review Pursuant to sections 751(c)(1), and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping and that the magnitude of the margins of dumping likely to prevail would be at rates up to 21.02 percent. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the return or destruction 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Sunset Review of the Antidumping Duty Order on Stainless Steel Bar from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum) PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 325 of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2). Dated: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of Margin of Dumping Likely to Prevail VII. Final Results of Expedited Sunset Review VIII. Recommendation [FR Doc. 2023–28931 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–555–002] Certain Paper Shopping Bags From Cambodia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain paper shopping bags (paper bags) from Cambodia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES: Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT: Charles Doss or Kyle Clahane, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade AGENCY: E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 324-325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28931]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-810]


Stainless Steel Bar From India: Final Results of the Expedited 
Fifth Sunset Review of the Antidumping Duty Order

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

SUMMARY: As a result of this expedited sunset review, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty (AD) order on stainless steel bar (SS Bar) from India 
would be likely to lead to continuation or recurrence of dumping at the 
levels indicated in the ``Final Results of Expedited Sunset Review'' 
section of this notice.

DATES: Applicable January 3, 2024.

FOR FURTHER INFORMATION CONTACT: Garry Kasparov, 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) 482-1397.

SUPPLEMENTARY INFORMATION:

Background

    On February 21, 1995, Commerce published in the Federal Register 
the AD Order on SS Bar from India.\1\ On September 1, 2023, Commerce 
published Initiation Notice of the fifth sunset review of the Order, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.218(c)(2).\2\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Orders: Stainless Steel Bar from 
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
    \2\ See Initiation of Five-Year Reviews, 88 FR 60438 (September 
1, 2023) (Initiation Notice).

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[[Page 325]]

    On September 15, 2023, Commerce received a notice of intent to 
participate from Carpenter Technology Corporation, Crucible Industries 
LLC, Electralloy, a G.O., Carlson, Inc. Company, Marcegaglia Stainless 
Richburg, LLC, North American Stainless, Universal Stainless & Alloy 
Products, Inc., and Valbruna Slater Stainless, Inc. (collectively, the 
petitioners) within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ The petitioners claimed interested party status 
under section 771(9)(C) of the Act as producers of a domestic like 
product in the United States.
---------------------------------------------------------------------------

    \3\ See Petitioners' Letter, ``Notice of Intent to 
Participate,'' dated September 15, 2023.
---------------------------------------------------------------------------

    On September 29, 2023, we received a timely, adequate substantive 
response to the Initiation Notice from the petitioners within the 30-
day deadline specified in 19 CFR 218(d)(3)(i).\4\ We received no 
substantive response from respondent parties nor was a hearing 
requested.
---------------------------------------------------------------------------

    \4\ See Petitioners' Letter, ``Substantive Response,'' dated 
September 29, 2023 (Petitioners' Substantive Response).
---------------------------------------------------------------------------

    On October 25, 2023, Commerce notified the U.S. International Trade 
Commission (ITC) that it did not receive adequate substantive responses 
from any other interested parties.\5\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited, i.e., 120-day, sunset review of the Order.
---------------------------------------------------------------------------

    \5\ See Commerce's Letter ``Sunset Reviews Initiated on 
September 1, 2023,'' dated October 25, 2023.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is SS Bar. SS Bar means 
articles of stainless steel in straight lengths that have been either 
hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-
finished, or ground, having a uniform solid cross section along their 
whole length in the shape of circles, segments of circles, ovals, 
rectangles (including squares), triangles, hexagons, octagons or other 
convex polygons. SS Bar includes cold-finished SS Bars that are turned 
or ground in straight lengths, whether produced from hot-rolled bar or 
from straightened and cut rod or wire, and reinforcing bars that have 
indentations, ribs, grooves, or other deformations produced during the 
rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    Imports of these products are currently classifiable under 
subheadings 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the 
Harmonized Tariff Schedule (HTS). Although the HTS subheadings are 
provided for convenience and customs purposes, our written description 
of the scope of the Order is dispositive.

Analysis of the Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum, including the likelihood of continuation or 
recurrence of dumping and the magnitude of the margins of dumping 
likely to prevail if the Order was revoked.\6\ A list of topics 
discussed in the Issues and Decision Memorandum is included as the 
appendix to this notice. 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 Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Sunset Review of the Antidumping Duty Order on Stainless 
Steel Bar from India,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum)
---------------------------------------------------------------------------

Final Results of Expedited Sunset Review

    Pursuant to sections 751(c)(1), and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would be likely to 
lead to continuation or recurrence of dumping and that the magnitude of 
the margins of dumping likely to prevail would be at rates up to 21.02 
percent.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). Timely written notification 
of the return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 
351.218(e)(1)(ii)(C)(2).

    Dated: December 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of Margin of Dumping Likely to Prevail
VII. Final Results of Expedited Sunset Review
VIII. Recommendation

[FR Doc. 2023-28931 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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