Polyester Textured Yarn From India: Preliminary Results of Antidumping Duty Administrative Review; 2022, 4903-4905 [2024-01466]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the EAR except directly
related to safety of flight and authorized
by BIS pursuant to section 764.3(a)(2) of
the Regulations, or engaging in any
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the EAR, or from any
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of EMTRASUR
any item subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
EMTRASUR of the ownership,
possession, or control of any item
subject to the EAR that has been or will
be exported from the United States,
including financing or other support
activities related to a transaction
whereby EMTRASUR acquires or
attempts to acquire such ownership,
possession or control except directly
related to safety of flight and authorized
by BIS pursuant to section 764.3(a)(2) of
the Regulations;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from EMTRASUR of any
item subject to the EAR that has been
exported from the United States except
directly related to safety of flight and
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations;
D. Obtain from EMTRASUR in the
United States any item subject to the
EAR with knowledge or reason to know
that the item will be, or is intended to
be, exported from the United States
except directly related to safety of flight
and authorized by BIS pursuant to
section 764.3(a)(2) of the Regulations; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by EMTRASUR,
or service any item, of whatever origin,
that is owned, possessed or controlled
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by EMTRASUR if such service involves
the use of any item subject to the EAR
that has been or will be exported from
the United States except directly related
to safety of flight and authorized by BIS
pursuant to section 764.3(a)(2) of the
Regulations. For purposes of this
paragraph, servicing means installation,
maintenance, repair, modification, or
testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to EMTRASUR by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order.
In accordance with the provisions of
sections 766.24(e) of the EAR,
EMTRASUR may, at any time, appeal
this Order by filing a full written
statement in support of the appeal with
the Office of the Administrative Law
Judge, U.S. Coast Guard ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
In accordance with the provisions of
section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by EMTRASUR
as provided in section 766.24(d), by
filing a written submission with the
Assistant Secretary of Commerce for
Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be provided
to EMTRASUR and shall be published
in the Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
Dated: January 21, 2024.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2024–01411 Filed 1–24–24; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–885]
Polyester Textured Yarn From India:
Preliminary Results of Antidumping
Duty Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
AGENCY:
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4903
determines that polyester textured yarn
(yarn) from India was not sold in the
United States at less than normal value
(NV) during the period of review (POR)
January 1, 2022, through December 31,
2022. We invite interested parties to
comment on these preliminary results of
review.
DATES: Applicable January 25, 2024.
FOR FURTHER INFORMATION CONTACT:
Samantha Kinney, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2285.
SUPPLEMENTARY INFORMATION:
Background
On January 10, 2020, Commerce
published in the Federal Register the
antidumping duty (AD) order on
polyester textured yarn from India.1 On
January 3, 2023, Commerce published in
the Federal Register a notice of
opportunity to request an administrative
review of the Order.2 On March 14,
2023, based on a timely request for
review, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
AD administrative review of the Order,
covering one producer/exporter,
Reliance Industries Limited (Reliance).3
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
on September 11, 2023, Commerce
extended the deadline for the
preliminary results of this review until
January 31, 2024.4 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.5
Scope of the Order
The merchandise covered by the
Order is polyester textured yarn from
1 See Polyester Textured Yarn from India and the
People’s Republic of China: Amended Final
Antidumping Duty Determination for India and
Antidumping Duty Orders, 85 FR 1298 (January 10,
2020) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 45 (January 3, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
15642, 15649 (March 14, 2023). We have
preliminarily determined that Reliance and its
affiliate, Alok Industries Limited (AIL), should be
collapsed and treated as a single entity, Reliance/
AIL. See Memorandum, ‘‘Decision Memorandum
for Preliminary Results of Antidumping Duty
Administrative Review: Polyester Textured Yarn
from India; 2022,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum), at the section entitled,
‘‘Affiliation and Single Entity Treatment.’’
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review, dated September 11, 2023.
5 See Preliminary Decision Memorandum.
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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices
India. For a complete description of the
scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Act. Export
price is calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is 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/FRNotices
ListLayout.aspx.
Preliminary Results of Review
We preliminarily determine that the
following estimated weighted-average
dumping margin exists for the period
January 1, 2022, through December 31,
2022:
Exporter/producer
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Reliance Industries
Limited; Alok Industries Limited.
Weighted-average
dumping margin
(percent)
0.00 (de minimis).
Disclosure and Public Comment
Commerce intends to disclose the
calculations and analysis performed to
interested parties for these preliminary
results within five days of any public
announcement or if there is no public
announcement, within five days after
the date of publication of this notice in
the Federal Register.6 Interested parties
may submit case briefs to Commerce no
later than 30 days after the date of
publication of this notice.7 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the deadline for filing
case briefs.8 Interested parties who
6 See
19 CFR 351.224(b).
19 CFR 351.309(c); see also 19 CFR 351.303
(for general filing requirements).
8 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
7 See
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submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and (2) a
table of authorities.9
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.10 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice. If a request
for a hearing is made, Commerce
intends to hold a hearing at a time and
date to be determined.12 Parties should
confirm the date, time and location of
the hearing two days before the
scheduled date.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, upon completion of the final results
of this administrative review, Commerce
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
11 See APO and Service Final Rule, 88 FR at
67069.
12 See 19 CFR 351.310(d).
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shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise covered
by this review.13 If the weighted-average
dumping margin for Reliance/AIL is not
zero or de minimis (i.e., less than 0.5
percent) in the final results of this
review, Commerce intends to calculate
an importer-specific ad valorem
antidumping duty assessment rate based
on the ratio of the total amount of
dumping calculated for each importer’s
examined sales to the total entered
value of those sales, in accordance with
19 CFR 351.212(b)(1).14 We intend to
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis (i.e., 0.50 percent). If the
weighted-average dumping margin for
Reliance/AIL or an importer-specific ad
valorem assessment rate is zero or de
minimis in the final results of review,
we intend to instruct CBP to liquidate
entries without regard to antidumping
duties.15 The final results of this
administrative review shall be the basis
for the assessment of antidumping
duties on entries of merchandise
covered by the final results of this
review and for future deposits of
estimated duties, where applicable.16
Where we do not have entered values
for all U.S. sales to a particular
importer, we will calculate a per-unit
assessment rate by aggregating the
antidumping duties due for all U.S.
sales to that importer and dividing this
amount by the total quantity sold to that
importer.17
For entries of subject merchandise
during the POR produced by Reliance/
AIL for which it did not know that the
merchandise was destined for the
United States, we intend to instruct CBP
to liquidate unreviewed entries at the
all-others rate (i.e., 13.50) in the lessthan-fair-value (LTFV) investigation 18 if
there is no rate for the intermediate
company(ies) involved in the
transaction.19
13 See
19 CFR 351.212(b).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
15 Id., 77 FR at 8102–03; see also 19 CFR
351.106(c)(2).
16 See section 751(a)(2)(C) of the Act.
17 See 19 CFR 351.212(b)(1).
18 See Order, 85 FR at 1300.
19 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
14 See
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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
administrative review in the Federal
Register. If a timely summons is filed at
the U.S. Court of International Trade,
the assessment instructions will direct
CBP not to liquidate relevant entries
until the time for parties to file a request
for a statutory injunction has expired
(i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for Reliance/AIL will be
equal to the weighted-average dumping
margin established in the final results of
this administrative review, except if the
rate is less than 0.50 percent, and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for merchandise exported by a
company not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific
cash deposit rate published in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review, or a previous
segment, but the producer is, then the
cash deposit rate will be the rate
established in the completed segment
for the most recent period for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers or exporters will continue to
be 13.50 percent, the all-others rate
established in the LTFV investigation.20
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
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Final Results of Review
Unless the deadline is otherwise
extended, Commerce intends to issue
the final results of this administrative
review, including the results of its
analysis of issues raised by interested
parties in any case and rebuttal briefs,
within 120 days after the date of
publication of these preliminary results
in the Federal Register.21
20 See
Order, 85 FR at 1300.
section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h).
21 See
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4905
Notification to Importers
The Petition
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 and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
On December 29, 2023, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of certain
glass wine bottles (wine bottles) from
the People’s Republic of China (China)
filed in proper form on behalf of the
U.S. Glass Producers Coalition (the
petitioner).1 The CVD Petition was
accompanied by antidumping duty (AD)
petitions concerning imports of wine
bottles from Chile, China, and Mexico.2
Between January 3 and 11, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.3 The petitioner filed
responses to the supplemental
questionnaires between January 8 and
12, 2024.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of wine
bottles from China, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing wine
bottles in the United States. Consistent
with section 702(b)(1) of the Act and 19
CFR 351.202(b), for the alleged
programs on which we are initiating a
CVD investigation, the Petition is
supported by information reasonably
available to the petitioner.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: January 19, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–01466 Filed 1–24–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–163]
Certain Glass Wine Bottles From the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Preston Cox, Scarlet Jaldin, or Theodora
Mattei, AD/CVD Operations
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5041,
202–482–4275, or (202) 482–4834,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
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1 See Petitioner’s Letter, ‘‘Certain Glass Wine
Bottles from the People’s Republic of China, the
United Mexican States, and Chile: Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated December 29, 2023 (the Petition).
The members of the U.S. Glass Producers Coalition
are Ardagh Glass Inc. (Ardagh) and the United
Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers
International Union (USW).
2 Id.
3 See Commerce’s Letter, ‘‘Supplemental
Questions,’’ dated January 3, 2024 (General Issues
Questionnaire); see also Commerce’s Letter,
‘‘Supplemental Questions,’’ dated January 3, 2024;
and Memorandum, ‘‘Phone Call,’’ dated January 10,
2024 (January 10 Memorandum); and
Memorandum, ‘‘Phone Call,’’ dated January 11,
2024.
4 See Petitioner’s Letters, ‘‘Response to
Supplemental Questions Regarding Common Issues
and Injury Petition Volume I of the Petitions,’’
dated January 8, 2024 (First General Issues
Supplement); ‘‘Response to Supplemental
Questions Regarding Volume III of the Petitions,’’
dated January 9, 2024; and ‘‘Response to Second
Supplemental Scope Questions Regarding Common
Issues and Injury Petition Volume I of the Petition,’’
dated January 12, 2024 (Second General Issues
Supplement).
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]]>Agencies
[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4903-4905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01466]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-885]
Polyester Textured Yarn From India: Preliminary Results of
Antidumping Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that polyester textured yarn (yarn) from India was not sold
in the United States at less than normal value (NV) during the period
of review (POR) January 1, 2022, through December 31, 2022. We invite
interested parties to comment on these preliminary results of review.
DATES: Applicable January 25, 2024.
FOR FURTHER INFORMATION CONTACT: Samantha Kinney, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2285.
SUPPLEMENTARY INFORMATION:
Background
On January 10, 2020, Commerce published in the Federal Register the
antidumping duty (AD) order on polyester textured yarn from India.\1\
On January 3, 2023, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the Order.\2\ On
March 14, 2023, based on a timely request for review, in accordance
with 19 CFR 351.221(c)(1)(i), Commerce initiated an AD administrative
review of the Order, covering one producer/exporter, Reliance
Industries Limited (Reliance).\3\
---------------------------------------------------------------------------
\1\ See Polyester Textured Yarn from India and the People's
Republic of China: Amended Final Antidumping Duty Determination for
India and Antidumping Duty Orders, 85 FR 1298 (January 10, 2020)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 45 (January 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642, 15649 (March 14, 2023). We have
preliminarily determined that Reliance and its affiliate, Alok
Industries Limited (AIL), should be collapsed and treated as a
single entity, Reliance/AIL. See Memorandum, ``Decision Memorandum
for Preliminary Results of Antidumping Duty Administrative Review:
Polyester Textured Yarn from India; 2022,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum), at the section entitled, ``Affiliation and Single
Entity Treatment.''
---------------------------------------------------------------------------
Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on September 11, 2023, Commerce extended the
deadline for the preliminary results of this review until January 31,
2024.\4\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, dated September
11, 2023.
\5\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is polyester textured yarn
from
[[Page 4904]]
India. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. Export price is calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is 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.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period January 1, 2022, through
December 31, 2022:
------------------------------------------------------------------------
Weighted-average dumping margin
Exporter/producer (percent)
------------------------------------------------------------------------
Reliance Industries Limited; Alok 0.00 (de minimis).
Industries Limited.
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or if there is no public
announcement, within five days after the date of publication of this
notice in the Federal Register.\6\ Interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice.\7\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the deadline
for filing case briefs.\8\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\9\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule, 88 FR at 67069.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice. If a
request for a hearing is made, Commerce intends to hold a hearing at a
time and date to be determined.\12\ Parties should confirm the date,
time and location of the hearing two days before the scheduled date.
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\12\ See 19 CFR 351.310(d).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon completion of the
final results of this administrative review, Commerce shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise covered by
this review.\13\ If the weighted-average dumping margin for Reliance/
AIL is not zero or de minimis (i.e., less than 0.5 percent) in the
final results of this review, Commerce intends to calculate an
importer-specific ad valorem antidumping duty assessment rate based on
the ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1).\14\ We intend to instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., 0.50 percent). If the
weighted-average dumping margin for Reliance/AIL or an importer-
specific ad valorem assessment rate is zero or de minimis in the final
results of review, we intend to instruct CBP to liquidate entries
without regard to antidumping duties.\15\ The final results of this
administrative review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\16\
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\13\ See 19 CFR 351.212(b).
\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\15\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\16\ See section 751(a)(2)(C) of the Act.
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Where we do not have entered values for all U.S. sales to a
particular importer, we will calculate a per-unit assessment rate by
aggregating the antidumping duties due for all U.S. sales to that
importer and dividing this amount by the total quantity sold to that
importer.\17\
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\17\ See 19 CFR 351.212(b)(1).
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For entries of subject merchandise during the POR produced by
Reliance/AIL for which it did not know that the merchandise was
destined for the United States, we intend to instruct CBP to liquidate
unreviewed entries at the all-others rate (i.e., 13.50) in the less-
than-fair-value (LTFV) investigation \18\ if there is no rate for the
intermediate company(ies) involved in the transaction.\19\
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\18\ See Order, 85 FR at 1300.
\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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[[Page 4905]]
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for Reliance/AIL will be equal to the
weighted-average dumping margin established in the final results of
this administrative review, except if the rate is less than 0.50
percent, and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for merchandise exported by a company not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific cash deposit rate published in
the completed segment for the most recent period; (3) if the exporter
is not a firm covered in this review, or a previous segment, but the
producer is, then the cash deposit rate will be the rate established in
the completed segment for the most recent period for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 13.50 percent, the all-others rate
established in the LTFV investigation.\20\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\20\ See Order, 85 FR at 1300.
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in any
case and rebuttal briefs, within 120 days after the date of publication
of these preliminary results in the Federal Register.\21\
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\21\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of doubled antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: January 19, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-01466 Filed 1-24-24; 8:45 am]
BILLING CODE 3510-DS-P
