Announcing an Importer's Additional Declaration in the Automated Commercial Environment Specific to Antidumping/Countervailing Duty Certifications, 7372-7373 [2024-02114]

Download as PDF 7372 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices We intend to instruct CBP to assess ADs 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 SIW’s overall weighted-average dumping margin is zero or de minimis or where 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 the appropriate entries without regard to ADs.16 The final results of this administrative review shall be the basis for the assessment of ADs on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.17 For entries of subject merchandise during the POR produced by SIW 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., 12.91 percent) in the original less-than-fair-value (LTFV) investigation 18 if there is no rate for the intermediate company(ies) involved in the transaction.19 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). khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication in the Federal Register of the notice of final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for SIW will be equal to the weighted-average dumping margin established in the final results of this administrative review, except if the rate 16 See 19 CFR 351.106(c)(2); see also 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). 17 See section 751(a)(2)(C) of the Act. 18 See Order, 69 FR at 4111. 19 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 17:08 Feb 01, 2024 Jkt 262001 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 12.91 percent, the all-others rate established in the LTFV investigation.20 These cash deposit requirements, when imposed, shall remain in effect until further notice. III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation 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 of publication of these preliminary results in the Federal Register.21 SUMMARY: 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 ADs 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 ADs occurred and the subsequent assessment of doubled ADs. 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 351.213 and 19 CFR 351.221(b)(4). Dated: January 29, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background 20 See Order, 69 FR at 4111. section 751(a)(3)(A) of the Act; see also 19 CFR 351.213(h). 21 See PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 [FR Doc. 2024–02142 Filed 2–1–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Docket Number: 231208–0290] RIN 0625–XZ100 Announcing an Importer’s Additional Declaration in the Automated Commercial Environment Specific to Antidumping/Countervailing Duty Certifications Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: General notice. AGENCY: The U.S. Department of Commerce (Commerce), in coordination with U.S. Customs and Border Protection (CBP), is announcing a new functionality in the Automated Commercial Environment (ACE) for importers entering merchandise that is the subject of an antidumping and/or countervailing duty (AD/CVD) certification. Specifically, the capability will exist for importers to identify in the ACE entries that are the subject of an AD/CVD certification. Commerce intends to instruct parties to use this new functionality on a case-by-case basis. This new identification mechanism will facilitate Commerce’s and CBP’s administration of the AD/ CVD laws by making such entry summaries more readily identifiable to Commerce and CBP. DATES: This new functionality will be effective May 2, 2024. FOR FURTHER INFORMATION CONTACT: For technical questions related to ACE, contact your assigned CBP client representative. Interested parties without an assigned CBP client representative should direct their questions to: gmb.clientrepoutreach@ cbp.dhs.gov. For general questions related to the new declaration capability, contact Michael Walsh or Yasmin Bordas, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; email: Michael.Walsh@trade.gov or Yasmin.Bordas@trade.gov, respectively. SUPPLEMENTARY INFORMATION: This notice announces functionality in ACE for an Importer’s Additional Declaration E:\FR\FM\02FEN1.SGM 02FEN1 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices specific AD/CVD certifications. For years, Commerce has used certification requirements as a way for parties to support claims concerning the applicability of an AD/CVD order to merchandise that they are producing, exporting and/or importing.1 More recently, on September 20, 2021, Commerce published amendments to its existing regulations at 19 CFR part 351 to strengthen and improve the administration and enforcement of the AD/CVD laws.2 Included in this final rule is the new regulation at 19 CFR 351.228, which became applicable on October 20, 2021, that codifies and enhances Commerce’s existing authority and practice to require certifications by importers and other interested parties as to whether merchandise is subject to an AD/CVD order. Pursuant to 19 CFR 351.228(a)(1)(i)–(iii), the Secretary of Commerce may determine in the context of an AD/CVD proceeding that an importer or other interested party shall ‘‘maintain a certification for entries of merchandise into the customs territory of the United States,’’ ‘‘provide a certification by electronic means at the time of entry or entry summary,’’ or ‘‘otherwise demonstrate compliance with a certification requirement as determined by the Secretary, in consultation with the Customs Service.’’ Since the time we published this regulation, there is a new reporting functionality in ACE that will allow the importer to enter a specific importer’s additional declaration type code, which will be transmitted through the Automated Broker Interface, and indicate that merchandise is being entered into the customs territory of the United States subject to an accompanying AD/CVD certification. ACE will then reflect the indication under the new Importer’s Additional Declaration. In light of this new khammond on DSKJM1Z7X2PROD with NOTICES 1 See, e.g., Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Affirmative Preliminary Determination of Critical Circumstances, in Part, 77 FR 31309, 31323–24 (May 25, 2012), unchanged in Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, and Affirmative Final Determination of Critical Circumstances, in Part, 77 FR 63791 (October 17, 2012), and accompanying Issues and Decision Memorandum at note 33; Certain Cold-Rolled Steel Flat Products from the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, 83 FR 23891, 23892 (May 23, 2018), and accompanying Issues and Decision Memorandum at Comment 4. 2 See Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021). VerDate Sep<11>2014 17:08 Feb 01, 2024 Jkt 262001 functionality, when the Secretary determines in the context of an AD/CVD proceeding that a certification is required, the Secretary may determine, alone or in conjunction with other requirements, that the importer shall declare that its merchandise is being entered subject to a certification requirement using an additional declaration type code in ACE at the time of entry summary. This code will represent a claim that, for example, the entered merchandise is entitled to a specific company AD and/or CVD rate or, alternatively, a claim that the entered merchandise is not subject to AD and/ or CVD order. Use of this increased visibility in ACE will strengthen Commerce’s and CBP’s enforcement of AD/CVD orders, enabling them to more easily identify merchandise that is being entered subject to an AD/CVD certification. Accordingly, as of the effective date identified above and as determined by the Secretary in a given AD/CVD proceeding, Commerce and CBP may require that importers entering merchandise into customs territory of the United States that is the subject of an AD/CVD certification identify their merchandise as such with the new importer’s additional declaration type code submitted at the time of entry summary. The Cargo Systems Messaging Service (CSMS) message announcing this new functionality will provide additional instructions regarding the importer’s additional declaration type code. Dated: January 29, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–02114 Filed 2–1–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–894] Forged Steel Fluid End Blocks From India: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Administrative Review, in Part; 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to Bharat Forge Limited, the sole producer and exporter of forged steel fluid end blocks (fluid end blocks) from India subject to this AGENCY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 7373 administrative review, during the period of review (POR) January 1, 2022, through December 31, 2022. We invite interested parties to comment on these preliminary results. DATES: Applicable February 2, 2024. FOR FURTHER INFORMATION CONTACT: Suresh Maniam, 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) 482–1603. SUPPLEMENTARY INFORMATION: Background On January 29, 2021, Commerce published in the Federal Register the countervailing duty order on fluid end blocks from India.1 On January 3, 2023, we published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 On March 14, 2023, based on timely requests for an administrative review, Commerce published in the Federal Register the notice of initiation of an administrative review of the Order.3 On May 5, 2023, Commerce selected Bharat Forge, Limited as the sole mandatory respondent in this review.4 On September 19, 2023, Commerce extended the deadline for the preliminary results of this review until January 31, 2024.5 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.6 A list of topics discussed in the Preliminary Decision Memorandum is included in the 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 1 See Forged Steel Fluid End Blocks from India: Countervailing Duty Order, 86 FR 7535 (January 29, 2021) (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 (March 14, 2023). 4 See Memorandum, ‘‘Respondent Selection Memorandum,’’ dated May 5, 2023. 5 See Memorandum, ‘‘Extension of Deadline for Preliminary Results,’’ dated September 19, 2023. 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review and Rescission of Review in Part: Forged Steel Fluid End Blocks from India; 2022,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7372-7373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02114]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Docket Number: 231208-0290]
RIN 0625-XZ100


Announcing an Importer's Additional Declaration in the Automated 
Commercial Environment Specific to Antidumping/Countervailing Duty 
Certifications

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

ACTION: General notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Commerce (Commerce), in coordination 
with U.S. Customs and Border Protection (CBP), is announcing a new 
functionality in the Automated Commercial Environment (ACE) for 
importers entering merchandise that is the subject of an antidumping 
and/or countervailing duty (AD/CVD) certification. Specifically, the 
capability will exist for importers to identify in the ACE entries that 
are the subject of an AD/CVD certification. Commerce intends to 
instruct parties to use this new functionality on a case-by-case basis. 
This new identification mechanism will facilitate Commerce's and CBP's 
administration of the AD/CVD laws by making such entry summaries more 
readily identifiable to Commerce and CBP.

DATES: This new functionality will be effective May 2, 2024.

FOR FURTHER INFORMATION CONTACT: For technical questions related to 
ACE, contact your assigned CBP client representative. Interested 
parties without an assigned CBP client representative should direct 
their questions to: [email protected]. For general 
questions related to the new declaration capability, contact Michael 
Walsh or Yasmin Bordas, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; email: [email protected] or 
[email protected], respectively.

SUPPLEMENTARY INFORMATION: This notice announces functionality in ACE 
for an Importer's Additional Declaration

[[Page 7373]]

specific AD/CVD certifications. For years, Commerce has used 
certification requirements as a way for parties to support claims 
concerning the applicability of an AD/CVD order to merchandise that 
they are producing, exporting and/or importing.\1\ More recently, on 
September 20, 2021, Commerce published amendments to its existing 
regulations at 19 CFR part 351 to strengthen and improve the 
administration and enforcement of the AD/CVD laws.\2\ Included in this 
final rule is the new regulation at 19 CFR 351.228, which became 
applicable on October 20, 2021, that codifies and enhances Commerce's 
existing authority and practice to require certifications by importers 
and other interested parties as to whether merchandise is subject to an 
AD/CVD order. Pursuant to 19 CFR 351.228(a)(1)(i)-(iii), the Secretary 
of Commerce may determine in the context of an AD/CVD proceeding that 
an importer or other interested party shall ``maintain a certification 
for entries of merchandise into the customs territory of the United 
States,'' ``provide a certification by electronic means at the time of 
entry or entry summary,'' or ``otherwise demonstrate compliance with a 
certification requirement as determined by the Secretary, in 
consultation with the Customs Service.''
---------------------------------------------------------------------------

    \1\ See, e.g., Crystalline Silicon Photovoltaic Cells, Whether 
or Not Assembled Into Modules, from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination and Affirmative Preliminary 
Determination of Critical Circumstances, in Part, 77 FR 31309, 
31323-24 (May 25, 2012), unchanged in Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, and Affirmative Final Determination of Critical 
Circumstances, in Part, 77 FR 63791 (October 17, 2012), and 
accompanying Issues and Decision Memorandum at note 33; Certain 
Cold-Rolled Steel Flat Products from the People's Republic of China: 
Affirmative Final Determination of Circumvention of the Antidumping 
Duty and Countervailing Duty Orders, 83 FR 23891, 23892 (May 23, 
2018), and accompanying Issues and Decision Memorandum at Comment 4.
    \2\ See Regulations To Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021).
---------------------------------------------------------------------------

    Since the time we published this regulation, there is a new 
reporting functionality in ACE that will allow the importer to enter a 
specific importer's additional declaration type code, which will be 
transmitted through the Automated Broker Interface, and indicate that 
merchandise is being entered into the customs territory of the United 
States subject to an accompanying AD/CVD certification. ACE will then 
reflect the indication under the new Importer's Additional Declaration. 
In light of this new functionality, when the Secretary determines in 
the context of an AD/CVD proceeding that a certification is required, 
the Secretary may determine, alone or in conjunction with other 
requirements, that the importer shall declare that its merchandise is 
being entered subject to a certification requirement using an 
additional declaration type code in ACE at the time of entry summary. 
This code will represent a claim that, for example, the entered 
merchandise is entitled to a specific company AD and/or CVD rate or, 
alternatively, a claim that the entered merchandise is not subject to 
AD and/or CVD order. Use of this increased visibility in ACE will 
strengthen Commerce's and CBP's enforcement of AD/CVD orders, enabling 
them to more easily identify merchandise that is being entered subject 
to an AD/CVD certification. Accordingly, as of the effective date 
identified above and as determined by the Secretary in a given AD/CVD 
proceeding, Commerce and CBP may require that importers entering 
merchandise into customs territory of the United States that is the 
subject of an AD/CVD certification identify their merchandise as such 
with the new importer's additional declaration type code submitted at 
the time of entry summary. The Cargo Systems Messaging Service (CSMS) 
message announcing this new functionality will provide additional 
instructions regarding the importer's additional declaration type code.

    Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-02114 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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