Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 6090-6092 [2024-01936]
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6090
Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Notices
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lotter on DSK11XQN23PROD with NOTICES1
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VerDate Sep<11>2014
17:00 Jan 30, 2024
Jkt 262001
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[FR Doc. 2024–01884 Filed 1–30–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-toLength Plate From Italy: Preliminary
Results of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain carbon and alloy steel
cut-to-length plate (CTL plate) from Italy
were made at less than normal value
(NV) during the period of review (POR),
May 1, 2022, through April 30, 2023.
Commerce also determines that one
mandatory respondent did not make
sales of subject merchandise at less than
normal value during the POR. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable January 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Sean Grossnickle, 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) 482–3818.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Frm 00003
Fmt 4703
Sfmt 4703
Background
On May 25, 2017, Commerce
published in the Federal Register the
antidumping duty order on CTL plate
from Italy.1 On May 2, 2023, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
July 12, 2023, based on timely requests
for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the Order
covering two producers/exporters,
NLMK Verona S.p.A. and Officine
Tecnosider S.R.L..3 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.4
Scope of the Order
The merchandise subject to the Order
is certain carbon and alloy steel cut-tolength plate from Italy. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price and
constructed export price are 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 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
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea, and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017)
(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 27449 (May 2, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
44262 (July 12, 2023).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2022–2023
Administrative Review of the Antidumping Duty
Order on Certain Carbon and Alloy Cut-to-Length
Plate from Italy,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
E:\FR\FM\31JAN1.SGM
31JAN1
Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Notices
as the basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Preliminary Results of Review
Note that Commerce has amended
Commerce preliminarily determines
certain of its requirements pertaining to
that the following estimated weightedthe service of documents in 19 CFR
average dumping margins exist for the
351.303(f).10
period May 1, 2022, through April 30,
Pursuant to 19 CFR 351.310(c),
2023:
interested parties who wish to request a
hearing must submit a written request to
Weighted- the Assistant Secretary for Enforcement
average
and Compliance, filed electronically via
Producer or exporter
dumping
ACCESS. Hearing requests should
margin
(percent)
contain: (1) the party’s name, address,
and telephone number; (2) the number
NLMK Verona S.p.A ...................
2.45
of participants; and (3) a list of issues to
Officine Tecnosider S.R.L ..........
0.00
be discussed. Oral presentations at the
hearing will be limited to issues raised
Disclosure and Public Comment
in the briefs. An electronically filed
Commerce intends to disclose the
hearing request must be received
calculations and analysis performed to
successfully in its entirety by
interested parties for these preliminary
Commerce’s electronic records system,
results within five days after public
ACCESS, by 5 p.m. Eastern Time within
announcement or if there is no public
30 days after the date of publication of
announcement, within five days after
this notice. If a request for a hearing is
the date of publication of this notice in
made, Commerce intends to hold a
the Federal Register.5 Interested parties hearing at a time and date to be
may submit case briefs no later than 30
determined.11 Parties should confirm
days after the date of publication of this the date, time, and location of the
notice.6 Rebuttal briefs, limited to issues hearing two days before the scheduled
raised in the case briefs, may be filed no date.
later than five days after the date for
Assessment Rates
filing case briefs.7 Interested parties
who submit case briefs or rebuttal briefs
Upon completion of the final results
in this proceeding must submit: (1) a
of this administrative review, Commerce
table of contents listing each issue; and
shall determine, and U.S. Customs and
(2) a table of authorities.8
Border Protection (CBP) shall assess,
As provided under 19 CFR
antidumping duties on all appropriate
351.309(c)(2) and (d)(2), in prior
entries of subject merchandise covered
proceedings we have encouraged
by this review.12
interested parties to provide an
If a respondent’s weighted-average
executive summary of their brief that
dumping margin is not zero or de
should be limited to five pages total,
minimis (i.e., less than 0.50 percent) in
including footnotes. In this
the final results of this review, we
administrative review, we instead
intend to calculate an importer-specific
request that interested parties provide at ad valorem antidumping duty
the beginning of their briefs a public,
assessment rate based on the ratio of the
executive summary for each issue raised total amount of dumping calculated for
in their briefs.9 Further, we request that each importer’s examined sales to the
interested parties limit their executive
total entered value of those same sales
summary of each issue to no more than
in accordance with 19 CFR
450 words, not including citations. We
351.212(b)(1).13 If the weighted-average
intend to use the executive summaries
dumping margin or an importer-specific
assessment rate is zero or de minimis in
5 See 19 CFR 351.224(b).
the final results of review, we intend to
6 See 19 CFR 351.309(c)(1)(ii).
instruct CBP to liquidate entries without
7
lotter on DSK11XQN23PROD with NOTICES1
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.
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
Final Service Rule).
8 See 19 351.309(c)(2) and (d)(2).
9 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
VerDate Sep<11>2014
17:00 Jan 30, 2024
Jkt 262001
10 See
APO and Final Service Rule.
19 CFR 351.310(d).
12 See 19 CFR 351.212(b).
13 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).
6091
regard to antidumping duties.14 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.15
If a respondent has not reported
entered values, we will calculate a perunit assessment rate for each importer
by dividing the total amount of
dumping calculated for the examined
sales made to that importer by the total
quantity associated with those sales.
For entries of subject merchandise
during the POR produced by each
individually examined respondent for
which the they did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate established in the original
less-than-fair-value (LTFV) investigation
(i.e., 6.08 percent) if there is no rate for
the intermediate company(ies) involved
in the transaction.16
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
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 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 the companies listed
above will be equal to the weightedaverage dumping margin established in
the final results of this 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
producers or exporters not covered in
this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
11 See
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
14 Id., 77 FR at 8102; see also 19 CFR
351.106(c)(2).
15 See section 751(a)(2)(C) of the Act.
16 See Order; see also Antidumping and
Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
E:\FR\FM\31JAN1.SGM
31JAN1
6092
Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Notices
company-specific rate published for the
most recently-completed segment of this
proceeding in which they were
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or the original LTFV investigation, but
the producer is, then the cash deposit
rate will be the cash deposit rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 6.08 percent, the all-others rate
established in the LTFV investigation.17
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
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 the written comments, within
120 days after the date of publication of
these preliminary results in the Federal
Register.18
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping 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 25, 2024.
Abdelalia Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
lotter on DSK11XQN23PROD with NOTICES1
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
17 See
Order.
section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
18 See
VerDate Sep<11>2014
17:00 Jan 30, 2024
Jkt 262001
VI. Recommendation
received after the end of the comment
period. Comments, including all
attachments, must not exceed a 25BILLING CODE 3510–DS–P
megabyte file size. Attachments to
comments will be accepted in Microsoft
DEPARTMENT OF COMMERCE
Word, Excel or Adobe PDF file formats
only. All comments received are a part
National Oceanic and Atmospheric
of the public record and will generally
Administration
be posted online at https://www.
fisheries.noaa.gov/permit/incidental[RTID 0648–XD655]
take-authorizations-under-marineTakes of Marine Mammals Incidental to mammal-protection-act without change.
Specified Activities; Taking Marine
All personal identifying information
Mammals Incidental to Marine Site
(e.g., name, address) voluntarily
Characterization Surveys in the New
submitted by the commenter may be
York Bight
publicly accessible. Do not submit
confidential business information or
AGENCY: National Marine Fisheries
otherwise sensitive or protected
Service (NMFS), National Oceanic and
information. Electronic copies of the
Atmospheric Administration (NOAA),
original application, renewal request,
Commerce.
and supporting documents (including
ACTION: Notice; request for comments on
NMFS Federal Register notices of the
proposed renewal incidental harassment
original proposed and final
authorization.
authorizations, and the previous IHA),
SUMMARY: NMFS received a request from as well as a list of the references cited
in this document, may be obtained
Bluepoint Wind, LLC (BPW) for the
online at: https://www.fisheries.noaa.
renewal of their currently active
gov/permit/incidental-takeincidental harassment authorization
authorizations-under-marine-mammal(IHA) (hereinafter, the ‘‘initial IHA’’) to
protection-act. In case of problems
take marine mammals incidental to
accessing these documents, please call
marine site characterization surveys in
coastal waters off of New York and New the contact listed below.
Jersey in the New York Bight,
FOR FURTHER INFORMATION CONTACT:
specifically within the Bureau of Ocean Jenna Harlacher, Office of Protected
Energy Management (BOEM)
Resources, NMFS (301) 427–8401.
Commercial Lease of Submerged Lands
SUPPLEMENTARY INFORMATION:
for Renewable Energy Development on
the Outer Continental Shelf (Lease) Area Background
OCS–A 0537 and associated export
The MMPA prohibits the ‘‘take’’ of
cable route (ECR) area. BPW’s activities
marine mammals, with certain
will not be completed prior to the IHA’s exceptions. Sections 101(a)(5)(A) and
expiration. Pursuant to the Marine
(D) of the MMPA (16 U.S.C. 1361 et
Mammal Protection Act (MMPA), prior
seq.) direct the Secretary of Commerce
to issuing the currently active IHA,
(as delegated to NMFS) to allow, upon
NMFS requested comments on both the
request, the incidental, but not
proposed IHA and the potential for
intentional, taking of small numbers of
renewing the initial authorization if
marine mammals by U.S. citizens who
certain requirements were satisfied. The engage in a specified activity (other than
renewal requirements have been
commercial fishing) within a specified
satisfied, and NMFS is now providing
geographical region if certain findings
an additional 15-day comment period to are made and either regulations are
allow for any additional comments on
promulgated or, if the taking is limited
the proposed renewal not previously
to harassment, an IHA is issued.
provided during the initial 30-day
Authorization for incidental takings
comment period.
shall be granted if NMFS finds that the
DATES: Comments and information must taking will have a negligible impact on
be received no later than February 15,
the species or stock(s) and will not have
2024.
an unmitigable adverse impact on the
availability of the species or stock(s) for
ADDRESSES: Comments should be
taking for subsistence uses (where
addressed to Jolie Harrison, Chief,
relevant). Further, NMFS must prescribe
Permits and Conservation Division,
the permissible methods of taking and
Office of Protected Resources, National
Marine Fisheries Service, and should be other ‘‘means of effecting the least
practicable adverse impact’’ on the
submitted via email to ITP.harlacher@
affected species or stocks and their
noaa.gov.
Instructions: NMFS is not responsible habitat, paying particular attention to
for comments sent by any other method, rookeries, mating grounds, and areas of
similar significance, and on the
to any other address or individual, or
[FR Doc. 2024–01936 Filed 1–30–24; 8:45 am]
PO 00000
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E:\FR\FM\31JAN1.SGM
31JAN1
Agencies
[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Notices]
[Pages 6090-6092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01936]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain carbon and alloy steel cut-to-length plate (CTL plate)
from Italy were made at less than normal value (NV) during the period
of review (POR), May 1, 2022, through April 30, 2023. Commerce also
determines that one mandatory respondent did not make sales of subject
merchandise at less than normal value during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable January 31, 2024.
FOR FURTHER INFORMATION CONTACT: Sean Grossnickle, 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) 482-3818.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2017, Commerce published in the Federal Register the
antidumping duty order on CTL plate from Italy.\1\ On May 2, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On July 12, 2023,
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
covering two producers/exporters, NLMK Verona S.p.A. and Officine
Tecnosider S.R.L..\3\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea, and Taiwan, and Antidumping Duty
Orders, 82 FR 24096, 24098 (May 25, 2017) (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 27449 (May 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Cut-to-Length Plate from
Italy,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is certain carbon and alloy
steel cut-to-length plate from Italy. For a complete description of the
scope of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are 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
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
[[Page 6091]]
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
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period May 1, 2022,
through April 30, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
NLMK Verona S.p.A........................................... 2.45
Officine Tecnosider S.R.L................................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations and analysis
performed to interested parties for these preliminary results within
five days after public announcement or if there is no public
announcement, within five days after the date of publication of this
notice in the Federal Register.\5\ Interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\6\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\7\ 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.\8\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ 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 Final Service Rule).
\8\ See 19 351.309(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 administrative 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.\9\ 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 determination in this
investigation. 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).\10\
---------------------------------------------------------------------------
\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Final Service Rule.
---------------------------------------------------------------------------
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. Hearing 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. Oral presentations at the hearing will be
limited to issues raised in the briefs. An electronically filed hearing
request must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5 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.\11\ Parties should confirm the date, time, and
location of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(d).
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Assessment Rates
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.\12\
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\12\ See 19 CFR 351.212(b).
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If a respondent's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) in the final results of this
review, we intend 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 same sales in accordance with 19 CFR
351.212(b)(1).\13\ If the weighted-average dumping margin or an
importer-specific 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.\14\ 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.\15\
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\13\ 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).
\14\ Id., 77 FR at 8102; see also 19 CFR 351.106(c)(2).
\15\ See section 751(a)(2)(C) of the Act.
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If a respondent has not reported entered values, we will calculate
a per-unit assessment rate for each importer by dividing the total
amount of dumping calculated for the examined sales made to that
importer by the total quantity associated with those sales.
For entries of subject merchandise during the POR produced by each
individually examined respondent for which the they did not know that
the merchandise was destined for the United States, we will instruct
CBP to liquidate unreviewed entries at the all-others rate established
in the original less-than-fair-value (LTFV) investigation (i.e., 6.08
percent) if there is no rate for the intermediate company(ies) involved
in the transaction.\16\
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\16\ See Order; see also Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
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 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 the companies listed above will be equal
to the weighted-average dumping margin established in the final results
of this 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 producers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the
[[Page 6092]]
company-specific rate published for the most recently-completed segment
of this proceeding in which they were reviewed; (3) if the exporter is
not a firm covered in this review, a prior review, or the original LTFV
investigation, but the producer is, then the cash deposit rate will be
the cash deposit rate established for the most recently completed
segment of this proceeding for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 6.08 percent, the all-others rate established in the
LTFV investigation.\17\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\17\ See Order.
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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 the
written comments, within 120 days after the date of publication of
these preliminary results in the Federal Register.\18\
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\18\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping 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 25, 2024.
Abdelalia 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-01936 Filed 1-30-24; 8:45 am]
BILLING CODE 3510-DS-P