Prestressed Concrete Steel Wire Strand From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2022, 7370-7372 [2024-02142]
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7370
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
revocation of the antidumping duty
(AD) order on sodium gluconate,
gluconic acid, and derivative products
(sodium gluconate) from the People’s
Republic of China (China) would likely
lead to continuation or recurrence of
dumping at the levels indicated in the
‘‘Final Results of Sunset Review’’
section of this notice.
DATES: Applicable February 2, 2024.
FOR FURTHER INFORMATION CONTACT:
Stephanie Trejo, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4390.
SUPPLEMENTARY INFORMATION:
Background
khammond on DSKJM1Z7X2PROD with NOTICES
On November 13, 2018, Commerce
published the AD order on sodium
gluconate from China.1 On October 2,
2023, Commerce initiated the first
sunset review of the Order, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act),2 and
subsequently, a domestic interested
party 3 timely submitted its complete
notice of intent to participate 4 and
adequate substantive response regarding
this review.5 The domestic interested
party claimed interested party status
under section 771(9)(C) of the Act as a
producer of the domestic like product in
the United States.6 Commerce did not
receive a substantive response from any
respondent interested party, nor was a
hearing requested. On November 17,
2023, Commerce notified the U.S.
International Trade Commission (ITC)
that it did not receive adequate
substantive responses from respondent
interested parties.7 As a result, pursuant
to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Order.
1 See Sodium Gluconate, Gluconic Acid and
Derivative Products from the People’s Republic of
China: Antidumping and Countervailing Duty
Orders, 83 FR 56299 (November 13, 2018) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 67729 (October 2, 2023).
3 The domestic interested party is PMP
Fermentation Products, Inc.
4 See Domestic Interested Party’s Letter, ‘‘Sodium
Gluconate, Gluconic Acid and Derivative Products
from the People’s Republic of China—Domestic
Interested Parties’ Notice of Intent to Participate,’’
dated October 12, 2023.
5 See Domestic Interested Party’s Letter, ‘‘Sodium
Gluconate, Gluconic Acid and Derivative Products
from the People’s Republic of China’’—Domestic
Interested Parties’ Substantive Response,’’ dated
November 1, 2023.
6 Id.
7 See Commerce’s Letter ‘‘Sunset Reviews
Initiated on October 2, 2023,’’ dated November 17,
2023.
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17:08 Feb 01, 2024
Jkt 262001
Scope of the Order
The product covered by the Order is
sodium gluconate from China. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.8
Analysis of Comments Received
A complete discussion of all issues
raised in this review, including the
likelihood of continuation or recurrence
of dumping and the magnitude of the
dumping margins likely to prevail if the
Order were revoked, is provided in the
Issues and Decision Memorandum.9 A
list of the topics in the Issues and
Decision Memorandum is in the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.trade.
gov. In addition, a complete version of
the Issues and Decision Memorandum
can be accessed directly at https://
access.trade.gov/public/FRNotices
ListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1),
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Order
would likely lead to continuation or
recurrence of dumping, and that the
magnitude of the dumping margin likely
to prevail would be up to 213.15
percent.10
Administrative Protective Order
This notice serves as the only
reminder to interested parties subject to
an administrative protective order
(APO) of their responsibility concerning
the return/destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of sunset reviews in
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Review of the Antidumping Duty Order
on Sodium Gluconate, Gluconic Acid, and
Derivative Products from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
9 Id.
10 Id. at 9.
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accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act, and 19 CFR
351.218(e)(1)(ii)(C)(2) and 19 CFR
351.221(c)(5)(ii).
Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Sections in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margin of Dumping
Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2024–02117 Filed 2–1–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–820]
Prestressed Concrete Steel Wire
Strand From Thailand: 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
finds that prestressed concrete steel
wire strand (PC strand) from Thailand
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 February 2, 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:
AGENCY:
Background
On January 28, 2004, Commerce
published in the Federal Register the
antidumping (AD) duty order on PC
strand from Thailand.1 On January 3,
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
E:\FR\FM\02FEN1.SGM
02FEN1
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
2023, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order for the POR.2 On March 14,
2023, based on timely requests for
review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an AD
administrative review of the Order,
covering one producer/exporter, The
Siam Industrial Wire Co., Ltd. (SIW).3
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
on September 12, 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 PC strand from Thailand. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Act.
Constructed export price is calculated in
accordance with section 772 of the Act.
NV 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 available 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://
Duty Order: Prestressed Concrete Steel Wire Strand
from Thailand, 69 FR 4111 (January 28, 2004)
(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 (May 14, 2023).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated September 12, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Prestressed Concrete Steel
Wire Strand from Thailand; 2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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17:08 Feb 01, 2024
Jkt 262001
access.trade.gov/public/FRNotices
ListLayout.aspx.
Preliminary Results of Review
We preliminarily determine the
following weighted-average dumping
margin exists for the period January 1,
2022, through December 31, 2022:
Exporter/producer
The Siam Industrial Wire Co.,
Ltd ...........................................
Weightedaverage
dumping
margin
(percent)
0.00
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed for these
preliminary results to interested parties
within five days after public
announcement, or if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register.6 Pursuant to 19 CFR
351.309(c), 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 date 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
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
6 See
19 CFR 351.224(b).
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
Final Service 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.
7 See
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7371
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.
All submissions, including case and
rebuttal briefs, as well as hearing
requests, should be filed using
ACCESS.13 An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).14
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,
ADs on all appropriate entries of subject
merchandise covered by this review.15 If
the weighted-average dumping margin
for SIW is not zero or de minimis (i.e.,
less than 0.5 percent) in the final results
of this review, and because SIW
reported entered values for all of its
sales, Commerce intends to calculate
importer-specific ad valorem
assessment rates 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).
11 See
APO and Final Service Rule.
19 CFR 351.310(d).
13 See 19 CFR 351.303.
14 See APO and Final Service Rule.
15 See 19 CFR 351.212(b).
12 See
E:\FR\FM\02FEN1.SGM
02FEN1
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
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[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
Agencies
[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7370-7372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02142]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-820]
Prestressed Concrete Steel Wire Strand From Thailand: 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 finds
that prestressed concrete steel wire strand (PC strand) from Thailand
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 February 2, 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 28, 2004, Commerce published in the Federal Register the
antidumping (AD) duty order on PC strand from Thailand.\1\ On January
3,
[[Page 7371]]
2023, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order for the
POR.\2\ On March 14, 2023, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an AD
administrative review of the Order, covering one producer/exporter, The
Siam Industrial Wire Co., Ltd. (SIW).\3\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Prestressed Concrete
Steel Wire Strand from Thailand, 69 FR 4111 (January 28, 2004)
(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 (May 14, 2023).
---------------------------------------------------------------------------
Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on September 12, 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
12, 2023.
\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Prestressed
Concrete Steel Wire Strand from Thailand; 2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is PC strand from Thailand.
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. Constructed export price is calculated
in accordance with section 772 of the Act. NV 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 available 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 the following weighted-average dumping
margin exists for the period January 1, 2022, through December 31,
2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
The Siam Industrial Wire Co., Ltd.......................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to interested parties within five days after public
announcement, or if there is no public announcement, within five days
of the date of publication of this notice in the Federal Register.\6\
Pursuant to 19 CFR 351.309(c), 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 date 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 351.303 (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 Final Service 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\
---------------------------------------------------------------------------
\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 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. 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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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\13\ An electronically-
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\14\
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\13\ See 19 CFR 351.303.
\14\ See APO and Final Service Rule.
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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, ADs on all
appropriate entries of subject merchandise covered by this review.\15\
If the weighted-average dumping margin for SIW is not zero or de
minimis (i.e., less than 0.5 percent) in the final results of this
review, and because SIW reported entered values for all of its sales,
Commerce intends to calculate importer-specific ad valorem assessment
rates 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).
[[Page 7372]]
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\
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\15\ See 19 CFR 351.212(b).
\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.
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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\
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\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).
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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
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
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 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.
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\20\ See Order, 69 FR at 4111.
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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 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 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
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-02142 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P