Aluminum Foil From the Republic of Armenia: Initiation of Antidumping Duty Changed Circumstances Review, 10036-10037 [2024-02928]

Download as PDF 10036 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. An electronically-filed request must be received successfully, and in its entirety, by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice. Hearing requests should contain (1) the party’s name, address, and telephone number, (2) the number of participants and whether any participant is a foreign national, and (3) a list of the issues to be discussed. If a request for a hearing is made, parties will be notified of the date and time for the hearing to be determined. Unless extended, we intend to issue the final results of this administrative review, which will include the results of our analysis of the issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Notification to Interested Parties These preliminary results and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4). Dated: February 7, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the Non-exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance. Appendix I—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. Diversification of China’s Economy VI. Use of Faces Otherwise Available and Application of Adverse Inferences VII. Subsidies Valuation VIII. Interest Rate, Discount Rate, Input, Electricity, and Land Benchmarks IX. Analysis of Programs X. Recommendation lotter on DSK11XQN23PROD with NOTICES1 DEPARTMENT OF COMMERCE International Trade Administration [A–831–804] Aluminum Foil From the Republic of Armenia: Initiation of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on aluminum foil from the Republic of Armenia (Armenia) to examine whether Armenia remains a non-market economy (NME) country for purposes of the application of the AD law. DATES: Applicable February 13, 2024. FOR FURTHER INFORMATION CONTACT: Leah Wils-Owens or Chien-Min Yang, Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4203 or (202) 482–5484, respectively. AGENCY: On December 21, 2023, the Government of Armenia (GOA) submitted a letter to Commerce requesting that Commerce conduct a review of Armenia’s status as an NME country 1 within the context of a changed circumstances review (CCR) of the AD order on aluminum foil from Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023). Jkt 262001 BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: 1. Bridgestone (Shenyang) Tire Co., Ltd. 2. Bridgestone Tire Co. Ltd. 3. Chongqing Hankook Tire Co., Ltd. 4. Jiangsu Hankook Tire Co., Ltd 5. Prinx Chengshan (Shandong) Tire 16:57 Feb 12, 2024 [FR Doc. 2024–02929 Filed 2–12–24; 8:45 am] Background Appendix II—Companies Rescinded from Review VerDate Sep<11>2014 Company Ltd. and its cross-owned companies: Chengshan Group Co., Ltd.; Shanghai Chengzhan Information and Technology Center; Prinx Chengshan (Qingdao) Industrial Research & Design Co., Ltd.; Shandong Prinx Chengshan Tire Technology Research Co., Ltd. 6. Qingdao Fullrun Tyre Corp. Ltd. 7. Sailun Group (Hong Kong) Co., Limited 8. Sailun Group Co., Ltd. 9. Shandong Haohua Tire Co., Ltd. 10. Shandong Kaixuan Rubber Co., Ltd. 11. Shandong Linglong Tyre Co., Ltd. 12. Shandong Transtone Tyre Co., Ltd. 13. Sinotyre International Group Co., Ltd 14. Triangle Tyre Co., Ltd. 15. Weifang Shunfuchang Rubber and Plastic Products Co., Ltd. 1 See GOA’s Letter, ‘‘Request for the U.S. Department of Commerce to Initiate a Changed Circumstances Review of the Antidumping Duty Order on Aluminum Foil from the Republic of Armenia,’’ dated December 21, 2023 (CCR Request). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Armenia.2 In its CCR Request, the GOA describes changes that have occurred in Armenia in recent years as they relate to each of the statutory criteria Commerce uses to evaluate a country’s market economy (ME) status. Specifically, the CCR Request provides information about the convertibility of the Armenian Dram, how wage rates in Armenia are determined by free bargaining between labor and management, and the extent to which joint ventures and other investments by firms from other countries are permitted in Armenia. The CCR Request also provides information on government ownership and control over the means of production and the allocation of resources in Armenia, as well as the government’s influence over enterprises’ price and output decisions. Finally, the GOA provided its views on other factors that could affect its ME status, including its persistent fight against government corruption and various reforms enacted in conjunction with its accession to the World Trade Organization. Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), when Commerce receives information concerning, or a request from an interested party for a review of, a final affirmative determination that resulted in an AD or countervailing duty order, which shows changed circumstances sufficient to warrant a review of such determination, Commerce shall conduct a review of the determination after publishing notice of the review in the Federal Register. Commerce finds that the GOA has provided sufficient evidence to initiate a review of Armenia’s NME status. Therefore, in response to this request, Commerce is initiating this CCR to examine whether Armenia is still an NME country for purposes of the application of the AD law, pursuant to sections 751(b) and 771(18)(C)(ii) of the Act. Commerce has treated Armenia as an NME country in all past AD investigations and administrative reviews.3 An NME designation remains in effect until it is revoked by Commerce.4 2 See Certain Aluminum Foil from the Republic of Armenia: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 52882 (September 23, 2021) (Foil from Armenia Final Determination). 3 See, e.g., Foil from Armenia Final Determination. 4 See section 771(18)(C)(i) of the Act. E:\FR\FM\13FEN1.SGM 13FEN1 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices Opportunity for Public Comment and Submission of Factual Information As part of this inquiry to review Armenia’s NME country status, Commerce invites public comments on Armenia’s economy on the following factors enumerated by section 771(18)(B) of the Act, which Commerce must consider in making ME/NME determinations: (i) the extent to which the currency of the foreign country is convertible into the currency of other countries; (ii) the extent to which wage rates in the foreign country are determined by free bargaining between labor and management; (iii) the extent to which joint ventures or other investments by firms of other foreign countries are permitted in the foreign country; (iv) the extent of government ownership or control over the means of production; (v) the extent of government control over allocation of resources and over price and output decisions of enterprises; and (vi) such factors as the administering authority considers appropriate. The deadline for the submission of comments is not later than 30 days after the date of publication of this notice. Rebuttal comments, limited to issues raised in parties’ affirmative comments, may be filed not later than 14 days after the date for filing affirmative comments. Interested parties must submit comments and factual information at the Federal eRulemaking Portal: https:// www.Regulations.gov. The identification number is ITA–2024–0001. An electronically filed document must be received successfully in its entirety by 5:00 p.m. Eastern Time on the due date set forth in this notice.5 Parties may request a hearing in their comments. If Commerce determines that a hearing is warranted, parties will be notified of the date and time for the hearing, in accordance with 19 CFR 351.310(d). Unless extended, consistent with 19 CFR 351.216(e), we will issue the final results of this CCR no later than 270 days after the date on which this review was initiated. lotter on DSK11XQN23PROD with NOTICES1 Notification to Interested Parties This notice is issued and published in accordance with sections 771(b)(1) and 777(i) of the Act, and 19 CFR 351.221(b) and (c)(3). 5 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023). VerDate Sep<11>2014 16:57 Feb 12, 2024 Jkt 262001 Dated: February 5, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–02928 Filed 2–12–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–848] Emulsion Styrene-Butadiene Rubber from Mexico: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Industrias Negromex S.A. de C.V. (Negromex) did not make sales of emulsion styrene-butadiene rubber (ESB rubber) from Mexico at less than normal value during the period of review (POR), September 1, 2021, through August 31, 2022. Commerce also determines that Dynasol Elastomeros, S.A. de C.V. (Dynasol Elastomeros) had no shipments during the POR. Additionally, we are rescinding this review with respect to Dynasol LLC (Dynasol). AGENCY: DATES: Applicable February 13, 2024. FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0413. SUPPLEMENTARY INFORMATION: Background On October 10, 2023, Commerce published the Preliminary Results and invited interested parties to comment.1 No interested party submitted comments on the Preliminary Results. Accordingly, the final results remain unchanged from the Preliminary Results. Commerce conducted this review in accordance with section 751 1 See Emulsion Styrene-Butadiene Rubber from Mexico: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Notice of Intent to Rescind, in Part; 2021–2022, 88 FR 69907 (October 10, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 10037 of the Tariff Act of 1930, as amended (the Act). Scope of the Order 2 The merchandise covered by the Order is ESB rubber from Mexico. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Rate for Companies Not Selected for Individual Examination The Act and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally ‘‘an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available}.’’ However, pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis, or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. For these final results, we continue to determine that the weighted-average dumping margin for Negromex is zero percent. Therefore, we are applying a rate of zero percent to the companies not selected for individual examination in accordance with section 735(c)(5)(B) of the Act. Final Determination of No Shipments In the Preliminary Results, Commerce determined that Dynasol Elastomeros did not have suspended entries of subject merchandise during the POR.3 No parties commented on Commerce’s preliminary no-shipment determination. Therefore, for these final results, we 2 See Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland: Antidumping Duty Orders, 82 FR 42790 (September 12, 2017) (Order). 3 See Preliminary Results, 88 FR at 69907–08. E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10036-10037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02928]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-831-804]


Aluminum Foil From the Republic of Armenia: Initiation of 
Antidumping Duty Changed Circumstances Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a 
changed circumstances review (CCR) of the antidumping duty (AD) order 
on aluminum foil from the Republic of Armenia (Armenia) to examine 
whether Armenia remains a non-market economy (NME) country for purposes 
of the application of the AD law.

DATES: Applicable February 13, 2024.

FOR FURTHER INFORMATION CONTACT: Leah Wils-Owens or Chien-Min Yang, 
Office of Policy, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4203 or (202) 482-5484, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 2023, the Government of Armenia (GOA) submitted a 
letter to Commerce requesting that Commerce conduct a review of 
Armenia's status as an NME country \1\ within the context of a changed 
circumstances review (CCR) of the AD order on aluminum foil from 
Armenia.\2\ In its CCR Request, the GOA describes changes that have 
occurred in Armenia in recent years as they relate to each of the 
statutory criteria Commerce uses to evaluate a country's market economy 
(ME) status. Specifically, the CCR Request provides information about 
the convertibility of the Armenian Dram, how wage rates in Armenia are 
determined by free bargaining between labor and management, and the 
extent to which joint ventures and other investments by firms from 
other countries are permitted in Armenia. The CCR Request also provides 
information on government ownership and control over the means of 
production and the allocation of resources in Armenia, as well as the 
government's influence over enterprises' price and output decisions. 
Finally, the GOA provided its views on other factors that could affect 
its ME status, including its persistent fight against government 
corruption and various reforms enacted in conjunction with its 
accession to the World Trade Organization.
---------------------------------------------------------------------------

    \1\ See GOA's Letter, ``Request for the U.S. Department of 
Commerce to Initiate a Changed Circumstances Review of the 
Antidumping Duty Order on Aluminum Foil from the Republic of 
Armenia,'' dated December 21, 2023 (CCR Request).
    \2\ See Certain Aluminum Foil from the Republic of Armenia: 
Final Affirmative Determination of Sales at Less Than Fair Value, 86 
FR 52882 (September 23, 2021) (Foil from Armenia Final 
Determination).
---------------------------------------------------------------------------

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), when Commerce receives information concerning, or a request 
from an interested party for a review of, a final affirmative 
determination that resulted in an AD or countervailing duty order, 
which shows changed circumstances sufficient to warrant a review of 
such determination, Commerce shall conduct a review of the 
determination after publishing notice of the review in the Federal 
Register. Commerce finds that the GOA has provided sufficient evidence 
to initiate a review of Armenia's NME status. Therefore, in response to 
this request, Commerce is initiating this CCR to examine whether 
Armenia is still an NME country for purposes of the application of the 
AD law, pursuant to sections 751(b) and 771(18)(C)(ii) of the Act. 
Commerce has treated Armenia as an NME country in all past AD 
investigations and administrative reviews.\3\ An NME designation 
remains in effect until it is revoked by Commerce.\4\
---------------------------------------------------------------------------

    \3\ See, e.g., Foil from Armenia Final Determination.
    \4\ See section 771(18)(C)(i) of the Act.

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[[Page 10037]]

Opportunity for Public Comment and Submission of Factual Information

    As part of this inquiry to review Armenia's NME country status, 
Commerce invites public comments on Armenia's economy on the following 
factors enumerated by section 771(18)(B) of the Act, which Commerce 
must consider in making ME/NME determinations:
    (i) the extent to which the currency of the foreign country is 
convertible into the currency of other countries;
    (ii) the extent to which wage rates in the foreign country are 
determined by free bargaining between labor and management;
    (iii) the extent to which joint ventures or other investments by 
firms of other foreign countries are permitted in the foreign country;
    (iv) the extent of government ownership or control over the means 
of production;
    (v) the extent of government control over allocation of resources 
and over price and output decisions of enterprises; and
    (vi) such factors as the administering authority considers 
appropriate.
    The deadline for the submission of comments is not later than 30 
days after the date of publication of this notice. Rebuttal comments, 
limited to issues raised in parties' affirmative comments, may be filed 
not later than 14 days after the date for filing affirmative comments. 
Interested parties must submit comments and factual information at the 
Federal eRulemaking Portal: https://www.Regulations.gov. The 
identification number is ITA-2024-0001. An electronically filed 
document must be received successfully in its entirety by 5:00 p.m. 
Eastern Time on the due date set forth in this notice.\5\
---------------------------------------------------------------------------

    \5\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069, 67077 (September 29, 2023).
---------------------------------------------------------------------------

    Parties may request a hearing in their comments. If Commerce 
determines that a hearing is warranted, parties will be notified of the 
date and time for the hearing, in accordance with 19 CFR 351.310(d).
    Unless extended, consistent with 19 CFR 351.216(e), we will issue 
the final results of this CCR no later than 270 days after the date on 
which this review was initiated.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
771(b)(1) and 777(i) of the Act, and 19 CFR 351.221(b) and (c)(3).

    Dated: February 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-02928 Filed 2-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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