Forged Steel Fluid End Blocks From Germany: Preliminary Results of Antidumping Duty Administrative Review and Rescission, in Part; 2022, 8409-8411 [2024-02422]
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Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–847]
Forged Steel Fluid End Blocks From
Germany: Preliminary Results of
Antidumping Duty Administrative
Review and Rescission, in Part; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that forged steel fluid end
blocks (FEBs) from Germany were sold
in the United States at prices below
normal value during the period of
review (POR) January 1, 2022, through
December 31, 2022. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable February 7, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
khammond on DSKJM1Z7X2PROD with NOTICES
On January 29, 2021, Commerce
published the antidumping duty order
on FEBs from Germany.1 On January 31,
2023, Commerce received requests for
an administrative review from BGH
Edelstahl Siegen GmbH (BGH) and the
petitioners.2 On March 14, 2023, in
accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the Order,
covering six companies, including
BGH.3 On April 28, 2023, the petitioners
withdrew their request for review for all
companies except BGH.4 Thus, there are
no outstanding review requests for any
company other than BGH. Pursuant to
section 751(a)(3)(A) of the Tariff Act of
1 See Forged Steel Fluid End Blocks from the
Federal Republic of Germany and Italy: Amended
Final Antidumping Duty Determination for the
Federal Republic of Germany and Antidumping
Duty Orders, 86 FR 7528 (January 29, 2021) (Order).
2 See BGH’s Letter, ‘‘Request for Administrative
Review,’’ dated January 31, 2023; see also
Petitioners’ Letter, ‘‘Request for Administrative
Review,’’ dated January 31, 2023. The petitioners
are: Ellwood City Forge Company, Ellwood Quality
Steels Company, Ellwood National Steel Company,
and A. Finkl & Sons.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
15642 (March 14, 2023).
4 See Petitioners’ Letter, ‘‘Petitioners’ Withdrawal
of Request for 2022 Administrative Review for
Certain Entities,’’ dated April 28, 2023.
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Jkt 262001
1930, as amended (the Act), on
September 18, 2023, Commerce
extended the deadline for the
preliminary results until January 31,
2024.5
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 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.
Scope of the Order
The products covered by this review
are fluid end blocks from Germany,
whether in finished or unfinished form,
and which are typically used in the
manufacture or service of hydraulic
pumps. For a full description of the
scope of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of the notice of
initiation. On April 28, 2023, we
received a timely withdrawal request
from the petitioners for their review
requests for all companies except BGH.7
Because no other party requested a
review of those companies, Commerce
is rescinding this review with respect to
the following five companies, in
accordance with 19 CFR 351.213(d)(1):
Buderus Edelstahl GmbH, Deutsche
Edelstahlwerke GmbH, Saarschmiede
GmbH Freiformschmiede,
Schmiedewerke Gro¨ditz GmbH, and
voestalpine Bo¨hler Group.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated September 28, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review and Rescission, in Part:
Forged Steel Fluid End Block from Germany; 2022,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
7 See Petitioners’ Letter, ‘‘Petitioners’ Withdrawal
of Request for 2022 Administrative Review for
Certain Entities,’’ dated April 28, 2023.
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8409
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Act. We calculated export
price in accordance with section 772(a)
of the Act. For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine the
following estimated weighted-average
dumping margin for the period January
1, 2022, through December 31, 2022.
Exporter or Producer
BGH Edelstahl Siegen GmbH ....
Weightedaverage
dumping
margin
(percent)
19.96
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed for these
preliminary results of review to
interested parties within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
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.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than seven days after the date for filing
case briefs.8 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) 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
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.
E:\FR\FM\07FEN1.SGM
07FEN1
8410
Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Notices
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.
Requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; (3)
whether any participant is a foreign
national; and (4) a list of issues the party
intends to discuss. Issues raised in the
hearing will be limited to those raised
in the respective case and rebuttal
briefs. If a request for a hearing is made,
Commerce intends to hold the hearing
at a date and time to be determined.12
All submissions should be filed using
ACCESS,13 and must be served on
interested parties.14
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. 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
11 See
APO and Final Service Rule.
19 CFR 351.310(c).
13 See 19 CFR 351.303.
14 See 19 CFR 351.303(f).
12 See
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16:17 Feb 06, 2024
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expired (i.e., within 90 days of
publication).
If BGH’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, Commerce
intends to calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales to the total entered value of those
sales. Where we do not have entered
values for all U.S. sales to a particular
importer, we will calculate an importerspecific, per-unit assessment rate on the
basis of the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total quantity of
those sales.15 To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. If BGH’s weightedaverage dumping margin is zero or de
minimis or where an importer-specific
ad valorem assessment rate is zero or de
minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.16
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by BGH for which it
did not know that the merchandise was
destined for the United States, we
intend to instruct CBP to liquidate those
entries at the all-others rate in the
original less-than-fair-value
investigation if there is no rate for the
intermediate company(ies) involved in
the transaction.17
For the companies listed above for
which the review is being rescinded,
antidumping duties shall be assessed on
entries at rates equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue assessment instructions to CBP
for the rescinded companies no earlier
than 35 days after the date of
publication of the preliminary results of
this administrative review in the
Federal Register.’’
15 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
17 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 See
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
company-specific cash deposit rate for
BGH will be equal to the weightedaverage dumping margin established in
the final results of this review (except,
if that rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), then
the cash deposit rate will be zero); (2)
for 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
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 or a prior
segment of the proceeding but the
producer is, then the cash deposit rate
will be the 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 4.79 percent, the allothers rate established in the less-thanfair-value investigation.18 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h)(2) and
351.221(b)(4).
18 See
E:\FR\FM\07FEN1.SGM
Order, 86 FR at 7530.
07FEN1
Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Notices
Dated: January 31, 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. Partial Rescission of Administrative
Review
V. Affiliations
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 2
The merchandise covered by this
order is thermal paper. For a complete
description of the scope of the Order,
see the Preliminary Results.3
Final Results of Review
For these final results, we determine
that the following estimated weightedaverage dumping margin exists for the
period May 12, 2021, through October
31, 2022:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Hansol Paper Company .......
2.09
[FR Doc. 2024–02422 Filed 2–6–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–911]
Thermal Paper From the Republic of
Korea: Final Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the sole producer/exporter subject to
this administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
May 12, 2021, through October 31, 2022.
DATES: Applicable February 7, 2024.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6412.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On November 29, 2023, Commerce
published the Preliminary Results and
invited comments from interested
parties.1 No interested party submitted
comments on the Preliminary Results.
Accordingly, the final results remain
unchanged from the Preliminary
Results, and thus, there is no decision
memorandum accompanying this
notice. Commerce conducted this
administrative review in accordance
1 See Thermal Paper from the Republic of Korea:
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 83384
(November 29, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
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16:17 Feb 06, 2024
Jkt 262001
Disclosure
Normally, Commerce will disclose to
the parties in a proceeding the
calculations performed in connection
with the final results of review within
five days of any public announcement
or, if there is no public announcement,
within five days of the date of
publication of the notice of final results
in the Federal Register, in accordance
with 19 CFR 351.224(b). However,
because we have made no changes from
the Preliminary Results, there are no
new calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. Pursuant to 19 CFR
351.212(b)(1), because Hansol Paper
Company (Hansol) reported the entered
value for all of its U.S. sales, we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of those same sales.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by Hansol for which the company did
not know that the merchandise it sold
to an intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate such entries at the all-others
2 See Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Antidumping Duty
Order, 86 FR 66284 (November 22, 2021) (Order).
3 See Preliminary Results PDM at 2–3.
PO 00000
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8411
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.4
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 cash deposit
requirements will be effective upon
publication in the Federal Register of
these final results of administrative
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Hansol will be
equal to the weighted-average dumping
margin established in these final results
of this administrative review; (2) for
previously investigated or reviewed
companies not covered in this review,
the cash deposit rate will continue to be
the company-specific rate published for
the most recently completed segment of
this proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the lessthan-fair-value (LTV) investigation, but
the producer is, then the cash deposit
rate will be the cash deposit rate
established for the most recently
completed segment for the producer of
the subject merchandise; and (4) the
cash deposit rate for all other producers
and exporters will continue to be 6.19
percent, the all-others rate established
in the LTFV investigation.5 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) 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
4 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2023).
5 See Order, 86 FR 66286.
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07FEN1
]]>Agencies
[Federal Register Volume 89, Number 26 (Wednesday, February 7, 2024)]
[Notices]
[Pages 8409-8411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02422]
[[Page 8409]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-847]
Forged Steel Fluid End Blocks From Germany: Preliminary Results
of Antidumping Duty Administrative Review and Rescission, in Part; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that forged steel fluid end blocks (FEBs) from Germany were
sold in the United States at prices below normal value during the
period of review (POR) January 1, 2022, through December 31, 2022.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable February 7, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On January 29, 2021, Commerce published the antidumping duty order
on FEBs from Germany.\1\ On January 31, 2023, Commerce received
requests for an administrative review from BGH Edelstahl Siegen GmbH
(BGH) and the petitioners.\2\ On March 14, 2023, in accordance with 19
CFR 351.221(c)(1)(i), Commerce initiated an administrative review of
the Order, covering six companies, including BGH.\3\ On April 28, 2023,
the petitioners withdrew their request for review for all companies
except BGH.\4\ Thus, there are no outstanding review requests for any
company other than BGH. Pursuant to section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act), on September 18, 2023, Commerce
extended the deadline for the preliminary results until January 31,
2024.\5\
---------------------------------------------------------------------------
\1\ See Forged Steel Fluid End Blocks from the Federal Republic
of Germany and Italy: Amended Final Antidumping Duty Determination
for the Federal Republic of Germany and Antidumping Duty Orders, 86
FR 7528 (January 29, 2021) (Order).
\2\ See BGH's Letter, ``Request for Administrative Review,''
dated January 31, 2023; see also Petitioners' Letter, ``Request for
Administrative Review,'' dated January 31, 2023. The petitioners
are: Ellwood City Forge Company, Ellwood Quality Steels Company,
Ellwood National Steel Company, and A. Finkl & Sons.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642 (March 14, 2023).
\4\ See Petitioners' Letter, ``Petitioners' Withdrawal of
Request for 2022 Administrative Review for Certain Entities,'' dated
April 28, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated September
28, 2023.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review and
Rescission, in Part: Forged Steel Fluid End Block from Germany;
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this review are fluid end blocks from
Germany, whether in finished or unfinished form, and which are
typically used in the manufacture or service of hydraulic pumps. For a
full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation. On April 28, 2023, we received
a timely withdrawal request from the petitioners for their review
requests for all companies except BGH.\7\ Because no other party
requested a review of those companies, Commerce is rescinding this
review with respect to the following five companies, in accordance with
19 CFR 351.213(d)(1): Buderus Edelstahl GmbH, Deutsche Edelstahlwerke
GmbH, Saarschmiede GmbH Freiformschmiede, Schmiedewerke Gr[ouml]ditz
GmbH, and voestalpine B[ouml]hler Group.
---------------------------------------------------------------------------
\7\ See Petitioners' Letter, ``Petitioners' Withdrawal of
Request for 2022 Administrative Review for Certain Entities,'' dated
April 28, 2023.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. We calculated export price in
accordance with section 772(a) of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine the following estimated weighted-average
dumping margin for the period January 1, 2022, through December 31,
2022.
------------------------------------------------------------------------
Weighted-
average
Exporter or Producer dumping
margin
(percent)
------------------------------------------------------------------------
BGH Edelstahl Siegen GmbH................................... 19.96
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). 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. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than seven days after the
date for filing case briefs.\8\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\9\
---------------------------------------------------------------------------
\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
[[Page 8410]]
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues the party intends to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold the hearing at a date and time to be determined.\12\
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\12\ See 19 CFR 351.310(c).
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All submissions should be filed using ACCESS,\13\ and must be
served on interested parties.\14\
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\13\ See 19 CFR 351.303.
\14\ See 19 CFR 351.303(f).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. 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).
If BGH'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,
Commerce intends to calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those sales.
Where we do not have entered values for all U.S. sales to a particular
importer, we will calculate an importer-specific, per-unit assessment
rate on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales to the total quantity of
those sales.\15\ To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also will calculate an importer-specific ad valorem ratio based on
estimated entered values. If BGH's weighted-average dumping margin is
zero or de minimis or where an importer-specific ad valorem assessment
rate is zero or de minimis, we will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by BGH for
which it did not know that the merchandise was destined for the United
States, we intend to instruct CBP to liquidate those entries at the
all-others rate in the original less-than-fair-value investigation if
there is no rate for the intermediate company(ies) involved in the
transaction.\17\
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\17\ 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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For the companies listed above for which the review is being
rescinded, antidumping duties shall be assessed on entries at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
assessment instructions to CBP for the rescinded companies no earlier
than 35 days after the date of publication of the preliminary results
of this administrative review in the Federal Register.''
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for
BGH will be equal to the weighted-average dumping margin established in
the final results of this review (except, if that rate is de minimis
within the meaning of 19 CFR 351.106(c)(1), then the cash deposit rate
will be zero); (2) for 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 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 or a prior segment of the proceeding but the producer is, then
the cash deposit rate will be the 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 4.79 percent, the all-others rate
established in the less-than-fair-value investigation.\18\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\18\ See Order, 86 FR at 7530.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
[[Page 8411]]
Dated: January 31, 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. Partial Rescission of Administrative Review
V. Affiliations
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-02422 Filed 2-6-24; 8:45 am]
BILLING CODE 3510-DS-P
