Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings, 24779-24780 [2024-07479]

Download as PDF Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Notices notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: April 2, 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 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether to Recalculate Prolamsa’s Surrogate Conversion Costs Comment 2: Application of the Transactions Disregarded Rule for Heat Treatment Services Comment 3: Adjustment to Prolamsa’s Claimed Scrap Offset Comment 4: Adjustment to Prolamsa’s Extended Total Cost of Manufacturing (TOTCOM) Comment 5: Adjustment to the Interest Expense Ratio Based on Financial Year (FY) 2022 Consolidated Financial Statements Comment 6: Treatment of Home Market (HM) Sales in Prolamsa’s Comparison Market Program Comment 7: Adjustment to Prolamsa’s Margin Program to Remove Duplicate U.S. Sales Comment 8: Application of Adverse Facts Available (AFA) to Maquilacero Comment 9: Adjustments to Maquilacero’s Inventory Carrying Costs and Indirect Selling Expenses Comment 10: Application of the Freight Revenue Cap for Abinsa S.A. de C.V. (Abinsa) VI. Recommendation [FR Doc. 2024–07471 Filed 4–8–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE ddrumheller on DSK120RN23PROD with NOTICES1 International Trade Administration Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) received scope AGENCY: VerDate Sep<11>2014 19:57 Apr 08, 2024 Jkt 262001 ruling applications, requesting that scope inquiries be conducted to determine whether identified products are covered by the scope of antidumping duty (AD) and/or countervailing duty (CVD) orders and that Commerce issue scope rulings pursuant to those inquiries. In accordance with Commerce’s regulations, we are notifying the public of the filing of the scope ruling applications listed below in the month of February 2024. DATES: Applicable April 9, 2024. FOR FURTHER INFORMATION CONTACT: Terri Monroe, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–1384. SUPPLEMENTARY INFORMATION: Notice of Scope Ruling Applications In accordance with 19 CFR 351.225(d)(3), we are notifying the public of the following scope ruling applications related to AD and CVD orders and findings filed in or around the month of February 2024. This notification includes, for each scope application: (1) identification of the AD and/or CVD orders at issue (19 CFR 351.225(c)(1)); (2) concise public descriptions of the products at issue, including the physical characteristics (including chemical, dimensional and technical characteristics) of the products (19 CFR 351.225(c)(2)(ii)); (3) the countries where the products are produced and the countries from where the products are exported (19 CFR 351.225(c)(2)(i)(B)); (4) the full names of the applicants; and (5) the dates that the scope applications were filed with Commerce and the name of the ACCESS scope segment where the scope applications can be found.1 This notice does not include applications which have been rejected and not properly resubmitted. The scope ruling applications listed below are available on Enforcement and Compliance’s online e-filing and document management system, Antidumping and 1 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300, 52316 (September 20, 2021) (‘‘It is our expectation that the Federal Register list will include, where appropriate, for each scope application the following data: (1) identification of the AD and/or CVD orders at issue; (2) a concise public summary of the product’s description, including the physical characteristics (including chemical, dimensional and technical characteristics) of the product; (3) the country(ies) where the product is produced and the country from where the product is exported; (4) the full name of the applicant; and (5) the date that the scope application was filed with Commerce.’’) PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 24779 Countervailing Duty Electronic Service System (ACCESS) at https:// access.trade.gov. Scope Ruling Applications Certain Freight Rail Couplers and Parts Thereof from Mexico (A–201–857); certain steel freight rail yokes; 2 produced in and exported from Mexico; submitted by Amsted Rail Company, Inc. and ASF–K de Mexico, S. de R.L. de C.V.; February 2, 2024; ACCESS scope segment ‘‘SCO—Steel Freight Rail Yokes.’’ 3 Notification to Interested Parties This list of scope ruling applications is not an identification of scope inquiries that have been initiated. In accordance with 19 CFR 351.225(d)(1), if Commerce has not rejected a scope ruling application nor initiated the scope inquiry within 30 days after the filing of the application, the application will be deemed accepted and a scope inquiry will be deemed initiated the following day—day 31.4 Commerce’s practice generally dictates that where a deadline falls on a weekend, Federal holiday, or other non-business day, the appropriate deadline is the next business day.5 Accordingly, if the 30th day after the filing of the application falls on a non-business day, the next business day will be considered the ‘‘updated’’ 30th day, and if the application is not rejected or a scope inquiry initiated by or on that particular business day, the application will be deemed accepted and a scope inquiry will be deemed initiated on the next 2 The products are Association of American Railroads (AAR) approved steel freight rail yokes. The products subject to the request are E type yokes and F type yokes as defined in the AAR specification of M–211 ‘‘Foundry and Product Approval Requirements for the Manufacture of Couplers, Coupler Yokes, Knuckles, Follower Blocks, and Coupler Parts.’’ 3 A scope application was filed on the same day by the same interested parties with respect to Certain Freight Rail Couplers and Parts Thereof from the People’s Republic of China (China) (A– 570–145/C–570–146). However, the products at issue in that application appear to be Mexican in origin and unrelated to the AD and CVD orders covering Chinese merchandise. 4 In accordance with 19 CFR 351.225(d)(2), within 30 days after the filing of a scope ruling application, if Commerce determines that it intends to address the scope issue raised in the application in another segment of the proceeding (such as a circumvention inquiry under 19 CFR 351.226 or a covered merchandise inquiry under 19 CFR 351.227), it will notify the applicant that it will not initiate a scope inquiry, but will instead determine if the product is covered by the scope at issue in that alternative segment. 5 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). E:\FR\FM\09APN1.SGM 09APN1 ddrumheller on DSK120RN23PROD with NOTICES1 24780 Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Notices business day which follows the ‘‘updated’’ 30th day.6 In accordance with 19 CFR 351.225(m)(2), if there are companion AD and CVD orders covering the same merchandise from the same country of origin, the scope inquiry will be conducted on the record of the AD proceeding. Further, please note that pursuant to 19 CFR 351.225(m)(1), Commerce may either apply a scope ruling to all products from the same country with the same relevant physical characteristics (including chemical, dimensional, and technical characteristics) as the product at issue, on a country-wide basis, regardless of the producer, exporter, or importer of those products, or on a companyspecific basis. For further information on procedures for filing information with Commerce through ACCESS and participating in scope inquiries, please refer to the Filing Instructions section of the Scope Ruling Application Guide, at https:// access.trade.gov/help/Scope_Ruling_ Guidance.pdf. Interested parties, apart from the scope ruling applicant, who wish to participate in a scope inquiry and be added to the public service list for that segment of the proceeding must file an entry of appearance in accordance with 19 CFR 351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for further information on the scope inquiry procedures, including the timelines for the submission of comments. Please note that this notice of scope ruling applications filed in AD and CVD proceedings may be published before any potential initiation, or after the initiation, of a given scope inquiry based on a scope ruling application identified in this notice. Therefore, please refer to the case segment on ACCESS to determine whether a scope ruling application has been accepted or rejected and whether a scope inquiry has been initiated. Interested parties who wish to be served scope ruling applications for a particular AD or CVD order may file a request to be included on the annual inquiry service list during the anniversary month of the publication of the AD or CVD order in accordance with 19 CFR 351.225(n) and Commerce’s procedures.7 6 This structure maintains the intent of the applicable regulation, 19 CFR 351.225(d)(1), to allow day 30 and day 31 to be separate business days. 7 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021). VerDate Sep<11>2014 19:57 Apr 08, 2024 Jkt 262001 Interested parties are invited to comment on the completeness of this monthly list of scope ruling applications received by Commerce. Any comments should be submitted to James Maeder, Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, via email to CommerceCLU@trade.gov. This notice of scope ruling applications filed in AD and CVD proceedings is published in accordance with 19 CFR 351.225(d)(3). Dated: April 3, 2024. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–07479 Filed 4–8–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–331–806] Frozen Warmwater Shrimp From Ecuador: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination; Withdrawal Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable April 9, 2024, FR Doc. 2024–06949, published at 89 FR 22666 on April 2, 2024, is withdrawn. FOR FURTHER INFORMATION CONTACT: Reginald Anadio or Zachary Shaykin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3166 or (202) 482–2638, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 2, 2024, the U.S. Department of Commerce (Commerce) erroneously published a duplicate Federal Register notice titled Frozen Warmwater Shrimp from Ecuador: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination. Commerce is withdrawing the abovementioned notice, Federal Register Doc. 2024–06949. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Tariff Act of 1930, as amended, and 19 CFR 351.205(f)(1). Dated: April 3, 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. 2024–07448 Filed 4–8–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with February anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews. DATES: Applicable April 9, 2024. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various AD and CVD orders with February anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time. Respondent Selection In the event that Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review (POR). We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Notices]
[Pages 24779-24780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07479]


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DEPARTMENT OF COMMERCE

International Trade Administration


Notice of Scope Ruling Applications Filed in Antidumping and 
Countervailing Duty Proceedings

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

SUMMARY: The U.S. Department of Commerce (Commerce) received scope 
ruling applications, requesting that scope inquiries be conducted to 
determine whether identified products are covered by the scope of 
antidumping duty (AD) and/or countervailing duty (CVD) orders and that 
Commerce issue scope rulings pursuant to those inquiries. In accordance 
with Commerce's regulations, we are notifying the public of the filing 
of the scope ruling applications listed below in the month of February 
2024.

DATES: Applicable April 9, 2024.

FOR FURTHER INFORMATION CONTACT: Terri Monroe, AD/CVD Operations, 
Customs Liaison Unit, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230, telephone: (202) 482-1384.

SUPPLEMENTARY INFORMATION:

Notice of Scope Ruling Applications

    In accordance with 19 CFR 351.225(d)(3), we are notifying the 
public of the following scope ruling applications related to AD and CVD 
orders and findings filed in or around the month of February 2024. This 
notification includes, for each scope application: (1) identification 
of the AD and/or CVD orders at issue (19 CFR 351.225(c)(1)); (2) 
concise public descriptions of the products at issue, including the 
physical characteristics (including chemical, dimensional and technical 
characteristics) of the products (19 CFR 351.225(c)(2)(ii)); (3) the 
countries where the products are produced and the countries from where 
the products are exported (19 CFR 351.225(c)(2)(i)(B)); (4) the full 
names of the applicants; and (5) the dates that the scope applications 
were filed with Commerce and the name of the ACCESS scope segment where 
the scope applications can be found.\1\ This notice does not include 
applications which have been rejected and not properly resubmitted. The 
scope ruling applications listed below are available on Enforcement and 
Compliance's online e-filing and document management system, 
Antidumping and Countervailing Duty Electronic Service System (ACCESS) 
at https://access.trade.gov.
---------------------------------------------------------------------------

    \1\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300, 52316 
(September 20, 2021) (``It is our expectation that the Federal 
Register list will include, where appropriate, for each scope 
application the following data: (1) identification of the AD and/or 
CVD orders at issue; (2) a concise public summary of the product's 
description, including the physical characteristics (including 
chemical, dimensional and technical characteristics) of the product; 
(3) the country(ies) where the product is produced and the country 
from where the product is exported; (4) the full name of the 
applicant; and (5) the date that the scope application was filed 
with Commerce.'')
---------------------------------------------------------------------------

Scope Ruling Applications

    Certain Freight Rail Couplers and Parts Thereof from Mexico (A-201-
857); certain steel freight rail yokes; \2\ produced in and exported 
from Mexico; submitted by Amsted Rail Company, Inc. and ASF-K de 
Mexico, S. de R.L. de C.V.; February 2, 2024; ACCESS scope segment 
``SCO--Steel Freight Rail Yokes.'' \3\
---------------------------------------------------------------------------

    \2\ The products are Association of American Railroads (AAR) 
approved steel freight rail yokes. The products subject to the 
request are E type yokes and F type yokes as defined in the AAR 
specification of M-211 ``Foundry and Product Approval Requirements 
for the Manufacture of Couplers, Coupler Yokes, Knuckles, Follower 
Blocks, and Coupler Parts.''
    \3\ A scope application was filed on the same day by the same 
interested parties with respect to Certain Freight Rail Couplers and 
Parts Thereof from the People's Republic of China (China) (A-570-
145/C-570-146). However, the products at issue in that application 
appear to be Mexican in origin and unrelated to the AD and CVD 
orders covering Chinese merchandise.
---------------------------------------------------------------------------

Notification to Interested Parties

    This list of scope ruling applications is not an identification of 
scope inquiries that have been initiated. In accordance with 19 CFR 
351.225(d)(1), if Commerce has not rejected a scope ruling application 
nor initiated the scope inquiry within 30 days after the filing of the 
application, the application will be deemed accepted and a scope 
inquiry will be deemed initiated the following day--day 31.\4\ 
Commerce's practice generally dictates that where a deadline falls on a 
weekend, Federal holiday, or other non-business day, the appropriate 
deadline is the next business day.\5\ Accordingly, if the 30th day 
after the filing of the application falls on a non-business day, the 
next business day will be considered the ``updated'' 30th day, and if 
the application is not rejected or a scope inquiry initiated by or on 
that particular business day, the application will be deemed accepted 
and a scope inquiry will be deemed initiated on the next

[[Page 24780]]

business day which follows the ``updated'' 30th day.\6\
---------------------------------------------------------------------------

    \4\ In accordance with 19 CFR 351.225(d)(2), within 30 days 
after the filing of a scope ruling application, if Commerce 
determines that it intends to address the scope issue raised in the 
application in another segment of the proceeding (such as a 
circumvention inquiry under 19 CFR 351.226 or a covered merchandise 
inquiry under 19 CFR 351.227), it will notify the applicant that it 
will not initiate a scope inquiry, but will instead determine if the 
product is covered by the scope at issue in that alternative 
segment.
    \5\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
    \6\ This structure maintains the intent of the applicable 
regulation, 19 CFR 351.225(d)(1), to allow day 30 and day 31 to be 
separate business days.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.225(m)(2), if there are companion AD 
and CVD orders covering the same merchandise from the same country of 
origin, the scope inquiry will be conducted on the record of the AD 
proceeding. Further, please note that pursuant to 19 CFR 351.225(m)(1), 
Commerce may either apply a scope ruling to all products from the same 
country with the same relevant physical characteristics (including 
chemical, dimensional, and technical characteristics) as the product at 
issue, on a country-wide basis, regardless of the producer, exporter, 
or importer of those products, or on a company-specific basis.
    For further information on procedures for filing information with 
Commerce through ACCESS and participating in scope inquiries, please 
refer to the Filing Instructions section of the Scope Ruling 
Application Guide, at https://access.trade.gov/help/Scope_Ruling_Guidance.pdf. Interested parties, apart from the scope 
ruling applicant, who wish to participate in a scope inquiry and be 
added to the public service list for that segment of the proceeding 
must file an entry of appearance in accordance with 19 CFR 
351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised 
to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for 
further information on the scope inquiry procedures, including the 
timelines for the submission of comments.
    Please note that this notice of scope ruling applications filed in 
AD and CVD proceedings may be published before any potential 
initiation, or after the initiation, of a given scope inquiry based on 
a scope ruling application identified in this notice. Therefore, please 
refer to the case segment on ACCESS to determine whether a scope ruling 
application has been accepted or rejected and whether a scope inquiry 
has been initiated.
    Interested parties who wish to be served scope ruling applications 
for a particular AD or CVD order may file a request to be included on 
the annual inquiry service list during the anniversary month of the 
publication of the AD or CVD order in accordance with 19 CFR 351.225(n) 
and Commerce's procedures.\7\
---------------------------------------------------------------------------

    \7\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021).
---------------------------------------------------------------------------

    Interested parties are invited to comment on the completeness of 
this monthly list of scope ruling applications received by Commerce. 
Any comments should be submitted to James Maeder, Deputy Assistant 
Secretary for AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, via email to [email protected].
    This notice of scope ruling applications filed in AD and CVD 
proceedings is published in accordance with 19 CFR 351.225(d)(3).

    Dated: April 3, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2024-07479 Filed 4-8-24; 8:45 am]
BILLING CODE 3510-DS-P
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