Certain Uncoated Paper From Portugal: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 2022-2023, 23975-23977 [2024-07233]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices
examined sales and dividing this
amount by the total quantity of those
sales. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis within the meaning
of 19 CFR 351.106(c)(1), or an importer
specific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise
during the POR produced by either of
the individually examined respondents
for which they did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate these entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.18
For the companies listed in Appendix
II which were not selected for
individual review, we will assign an
assessment rate based on the reviewspecific rate, calculated as noted in the
‘‘Rate for Non-Examined Companies’’
section, above.
For the companies listed in Appendix
III for which we are rescinding this
review, we will instruct CBP to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue these
rescission instructions to CBP no earlier
than 35 days after the date of
publication of this notice in the Federal
Register.
Commerce intends to issue
assessment instructions to CBP
regarding ATC, ATF, and the companies
listed in Appendix II 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).
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.19
18 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
19 See section 751(a)(2)(C) of the Act.
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Jkt 262001
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
listed above will be that established in
the final results of this review, except if
the rate is less than 0.05 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 previously investigated or
reviewed companies not covered by this
review, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value (LTFV) investigation, 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 3.67 percent, the allothers rate established in the LTFV
investigation.20 These deposit
requirements, when imposed, shall
remain in effect until further notice.
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping and/or
countervailing duties 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 antidumping and/or
countervailing and the subsequent
assessment of doubled antidumping
duties, and/or an increase in the amount
of antidumping by the amount of
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
PO 00000
Order, 82 FR at 12553, 12554.
Frm 00015
Fmt 4703
Sfmt 4703
Dated: March 29, 2024.
Abdelali Elouaradia,
Deputy 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. Discussion of the Methodology
V. Recommendation
Appendix II—Companies Not Selected
for Individual Review
1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.21
3. CEAT Ltd.
4. Emerald Resilient Tyre Manufacturer
5. HRI Tires India
6. JK Tyres and Industries Ltd.
7. K.R.M. Tyres
8. Mahansaria Tyres Private Limited
9. MRF Limited
10. MRL Tyres Limited (Malhotra Rubbers
Ltd.)
11. Speedways Rubber Company
12. TVS Srichakra Limited
Appendix III—Companies With No
Reviewable Entries
1. Aakriti Manufacturing Pvt. Ltd.
2. Cavendish Industries Ltd.
3. Celite Tyre Corporation
4. John Deere India Pvt. Ltd.
5. OTR Laminated Tyres (I) Pvt. Ltd.
6. Royal Tyres Private Limited
7. Sun Tyre And Wheel Systems
8. Sundaram Industries Private Limited
9. Tyre Experts LLP
10. Ultra Mile
[FR Doc. 2024–07282 Filed 4–4–24; 8:45 am]
BILLING CODE 3510–DS–P
Notification to Importers
20 See
23975
DEPARTMENT OF COMMERCE
International Trade Administration
[A–471–807]
Certain Uncoated Paper From
Portugal: Preliminary Results of the
Administrative Review of the
Antidumping Duty Order; 2022–2023
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that the sole producer or exporter
subject to this administrative review
made sales of certain uncoated paper
(uncoated paper) from Portugal at below
normal value during the period of
AGENCY:
21 Subject merchandise produced and exported by
Balkrishna Industries Ltd. (BKT) was excluded from
the Order. See Order Correction, 82 FR at 25598.
Accordingly, BKT is only covered by this
administrative review for subject merchandise
produced in India where BKT acted as either the
manufacturer or exporter (but not both).
E:\FR\FM\05APN1.SGM
05APN1
23976
Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices
review (POR) March 1, 2022, through
February 28, 2023. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT: Eric
Hawkins, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1988.
SUPPLEMENTARY INFORMATION:
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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 is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Background
On May 9, 2023, Commerce initiated
an administrative review of the
antidumping duty order on uncoated
paper from Portugal,1 in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).2 This
review covers one producer/exporter of
subject merchandise, The Navigator
Company, S.A. (Navigator).
On November 3, 2023, Commerce
extended the time limit for completing
the preliminary results of this review
until March 29, 2024.3 For details
regarding the events that occurred
subsequent to the initiation of the
review, see the Preliminary Decision
Memorandum.4
Preliminary Results of Review
We preliminarily determine that the
following estimated weighted-average
dumping margin exists for the period
March 1, 2022, through February 28,
2023:
Scope of the Order
The products covered by the Order
are certain uncoated paper products
from Portugal. For a complete
description of the scope, see the
Preliminary Decision Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. We calculated constructed export
price in accordance with section 772 of
the Act. We calculated normal value 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
included in the Preliminary Decision
Memorandum is included as an
1 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR
11174 (March 3, 2016) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29881 (May 9, 2023).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated November 3, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Uncoated Paper from Portugal; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Exporter/producer
Weightedaverage
dumping
margin
(percent)
The Navigator Company, S.A ....
1.07
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results or, if there is no
public announcement, within five days
of the date of publication of this notice
in the Federal Register in accordance
with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
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
five days after the date for filing case
briefs.5 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.6 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 briefs 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.7 Further, we
5 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
Service Procedures).
6 See 19 CFR 351.309(c)(2) and (d)(2).
7 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public 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 public 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).8
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary, filed electronically
via ACCESS.9 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, whether any participant is
a foreign national, and a list of the
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case and
rebuttal briefs.10 If a request for a
hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5 p.m.
Eastern Time on the due date.
Assessment Rates
Upon completion of the final results
of this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review. If
Navigator’s weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.5 percent) in the final results
of this review, we will calculate
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is not
zero or de minimis. If Navigator’s
8 See
APO and Service Procedures.
19 CFR 351.310(c).
10 See 19 CFR 351.310.
9 See
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Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
weighted-average dumping margin is
zero or de minimis, we will instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.11
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Navigator for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate established in the original less-thanfair value (LTFV) investigation (i.e., 7.80
percent) 12 if there is no rate for the
intermediate company(ies) involved in
the transaction.13
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 for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Navigator in the
final results of review 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 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 recentlycompleted segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review or the original LTFV
investigation but the producer is, then
the cash deposit rate will be the rate
established for the most recentlycompleted segment of this proceeding
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 7.80 percent,14 the all-others rate
established in the LTFV investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Final Results of Review
Unless 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).
Notification to Importers
This notice also 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 duties 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
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review 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: March 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. 2024–07233 Filed 4–4–24; 8:45 am]
BILLING CODE 3510–DS–P
11 See
section 751(a)(2)(C) of the Act.
12 See Order.
13 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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16:44 Apr 04, 2024
Jkt 262001
14 See
PO 00000
Order.
Frm 00017
Fmt 4703
Sfmt 4703
23977
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD752]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Exempted
Fishing Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of two
applications for exempted fishing
permits; request for comments.
AGENCY:
NMFS announces the receipt
of two applications for exempted fishing
permits (EFPs) from the Florida Fish
and Wildlife Conservation Commission
(FWC). If granted, the EFPs would
authorize limited recreational harvest of
red snapper outside of any Federal
recreational season in South Atlantic
Federal waters and exempt that harvest
from the red snapper recreational bag
and possession limits, recreational
annual catch limits (ACLs), and
accountability measures (AMs). FWC’s
projects are intended to test alternative
recreational management strategies that
could be used by the South Atlantic
Fishery Management Council (Council)
to reduce the numbers of discards of red
snapper and other federally managed
snapper-grouper species, create
additional opportunities to participate
in sustainable recreational harvest, and
improve angler satisfaction.
DATES: Written comments must be
received on or before April 22, 2024.
ADDRESSES: You may submit comments
on the applications, identified by
[NOAA–NMFS–2024–0035] by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Visit
https://www.regulations.gov and type
[NOAA–NMFS–2024–0035] in the
Search box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Rick DeVictor, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23975-23977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07233]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-471-807]
Certain Uncoated Paper From Portugal: Preliminary Results of the
Administrative Review of the Antidumping Duty Order; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that the sole producer or exporter subject to this administrative
review made sales of certain uncoated paper (uncoated paper) from
Portugal at below normal value during the period of
[[Page 23976]]
review (POR) March 1, 2022, through February 28, 2023. We invite
interested parties to comment on these preliminary results.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT: Eric Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1988.
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2023, Commerce initiated an administrative review of the
antidumping duty order on uncoated paper from Portugal,\1\ in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\2\ This review covers one producer/exporter of subject
merchandise, The Navigator Company, S.A. (Navigator).
---------------------------------------------------------------------------
\1\ See Certain Uncoated Paper from Australia, Brazil,
Indonesia, the People's Republic of China, and Portugal: Amended
Final Affirmative Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR 11174 (March 3, 2016)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29881 (May 9, 2023).
---------------------------------------------------------------------------
On November 3, 2023, Commerce extended the time limit for
completing the preliminary results of this review until March 29,
2024.\3\ For details regarding the events that occurred subsequent to
the initiation of the review, see the Preliminary Decision
Memorandum.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated November
3, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Uncoated Paper from Portugal; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are certain uncoated paper
products from Portugal. For a complete description of the scope, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated constructed export price in accordance
with section 772 of the Act. We calculated normal value 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 included in the Preliminary Decision
Memorandum is included as an appendix to this notice. The Preliminary
Decision Memorandum is a public document and is made available to the
public 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 is available
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period March 1, 2022, through
February 28, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
The Navigator Company, S.A................................. 1.07
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs 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 five days after the date for filing case
briefs.\5\ 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.\6\ 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 briefs 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.\7\ Further, we request that interested parties
limit their public executive summary of each issue to no more than 450
words, not including citations. We intend to use the public 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 public 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).\8\
---------------------------------------------------------------------------
\5\ 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 Service Procedures).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\8\ See APO and Service Procedures.
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary, filed electronically via
ACCESS.\9\ Requests should contain the party's name, address, and
telephone number, the number of participants, whether any participant
is a foreign national, and a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\10\ If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5 p.m. Eastern Time on the
due date.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. If Navigator's weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.5 percent) in the final results of
this review, we will calculate importer-specific ad valorem antidumping
duty assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1). We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is not zero or de
minimis. If Navigator's
[[Page 23977]]
weighted-average dumping margin is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\11\
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\11\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Navigator
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate established in the original less-than-fair value (LTFV)
investigation (i.e., 7.80 percent) \12\ if there is no rate for the
intermediate company(ies) involved in the transaction.\13\
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\12\ See Order.
\13\ 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
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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Navigator in the
final results of review 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 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 the original LTFV investigation 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; (4) the cash deposit rate for all other
producers or exporters will continue to be 7.80 percent,\14\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\14\ See Order.
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Final Results of Review
Unless 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).
Notification to Importers
This notice also 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 duties 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 antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review 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: March 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. 2024-07233 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-DS-P
