Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 47518-47522 [2024-12086]
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47518
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
margin calculations for Koehler. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Results of the Review
As a result of this review, we
determine the following estimated
weighted-average dumping margin for
the period May 12, 2021, through
October 31, 2022:
Weightedaverage
dumping
margin
(percent)
Exporter/
producer
Koehler Paper SE; Koehler Kehl
GmbH ......................................
0.76
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Disclosure
Commerce intends to disclose the
calculations performed for Koehler in
connection with these final results to
interested parties within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (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 of subject merchandise in
accordance with the final results of this
review.
Pursuant to 19 CFR 351.212(b)(1),
because Koehler reported the entered
value for all of its U.S. sales, we
calculated importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of the sales for which entered
value was reported. Where either
Koehler’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c), or an
importer-specific rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
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by Koehler for which it 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 those
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.7
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 Koehler will be the
rate shown above; (2) if the exporter is
not a firm covered in this review, or the
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent segment
for the manufacturer of the
merchandise; and (3) the cash deposit
rate for all other manufacturers and/or
exporters will continue to be 2.90
percent, the all-others rate established
in the LTFV investigation.8 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
7 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 See Order, 86 FR at 66286.
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and the terms of an APO is a
sanctionable violation.
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
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: May 24, 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 Commerce Should
Apply Facts Available to Koehler’s
Reporting of U.S. Sales
Comment 2: Whether Commerce Should
Attribute Accrued Interest on Unpaid
Antidumping Duties to Matra’s U.S.
Sales
Comment 3: Whether Commerce Should
Exclude Certain Post-Sale Adjustments
Reported in BILLADJ2H and REBATE2H
Comment 4: Whether Commerce Should
Apply Partial Adverse Facts Available to
U.S. Credit Expenses
Comment 5: Whether Commerce Should
Adjust Matra’s Reporting of DINDIRS2U
and USINSUR2U
Comment 6: Whether Commerce Should
Implement Corrections from Verification
VI. Recommendation
[FR Doc. 2024–12060 Filed 5–31–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review and Join
Annual Inquiry Service List
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of 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:
Background
Each year during the anniversary
month of the publication of an
antidumping duty (AD) or
countervailing duty (CVD) order,
finding, or suspended investigation, an
interested party, as defined in section
771(9) of the Tariff Act of 1930, as
amended (the Act), may request, in
accordance with 19 CFR 351.213, that
the U.S. Department of Commerce
(Commerce) conduct an administrative
review of that AD or CVD order, finding,
or suspended investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
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Respondent Selection
In the event 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
release the CBP data under
Administrative Protective Order (APO)
to all parties having an APO within five
days of publication of the initiation
notice and to make our decision
regarding respondent selection within
35 days of publication of the initiation
Federal Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
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conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating AD
rates) require a substantial amount of
detailed information and analysis,
which often require follow-up questions
and analysis. Accordingly, Commerce
will not conduct collapsing analyses at
the respondent selection phase of a
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this AD proceeding
(i.e., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to: (a)
identify which companies subject to
review previously were collapsed; and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
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extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of initial
Section D responses.
Opportunity To Request a Review: Not
later than the last day of June 2024,2
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
June for the following periods:
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
2 Or the next business day, if the deadline falls
on a weekend, Federal holiday or any other day
when Commerce is closed.
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Period to be
reviewed
Antidumping Duty Proceedings
ARGENTINA: Raw Honey, A–357–823 ........................................................................................................................................
BRAZIL: Raw Honey, A–351–857 .................................................................................................................................................
GERMANY: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–428–845 ....................................................
INDIA:
Glycine, A–533–883 ...............................................................................................................................................................
Quartz Surface Products, A–533–889 ...................................................................................................................................
Raw Honey, A–533–903 ........................................................................................................................................................
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–533–873 .................................................................
INDONESIA: Prestressed Concrete Steel Wire Strand, A–560–837 ............................................................................................
ITALY:
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–475–838 .................................................................
Pressed Concrete Steel Wire Strand, A–475–843 ................................................................................................................
JAPAN:
Carbon and Alloy Seamless Standard, Line, and Pressure (over 4 1⁄2 inches), A–588–850 ...............................................
Carbon and Alloy Seamless Standard, Line, and Pressure (under 4 1⁄2 inches), A–588–851 .............................................
Glycine, A–588–878 ...............................................................................................................................................................
MALAYSIA: Prestressed Concrete Steel Wire Strand, A–557–819 .............................................................................................
REPUBLIC OF KOREA: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–580–892 ................................
REPUBLIC OF TÜRKIYE: Quartz Surface Products, A–489–837 ...............................................................................................
SOCIALIST REPUBLIC OF VIETNAM:
Certain Tool Chests and Cabinets, A–552–821 ....................................................................................................................
Laminated Woven Sacks, A–552–823 ...................................................................................................................................
Raw Honey, A–552–833 ........................................................................................................................................................
SPAIN:
Chlorinated Isocyanurates, A–469–814 .................................................................................................................................
Finished Carbon Steel Flanges, A–469–815 .........................................................................................................................
Prestressed Concrete Steel Wire Strand, A–469–821 ..........................................................................................................
SOUTH AFRICA: Prestressed Concrete Steel Wire Strand, A–791–826 ....................................................................................
SWITZERLAND: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–441–801 ............................................
THE PEOPLE’S REPUBLIC OF CHINA:
Artist Canvas, A–570–899 ......................................................................................................................................................
Ceramic Tile, A–570–108 .......................................................................................................................................................
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–570–058 .................................................................
Certain Tool Chests and Cabinets, A–570–056 ....................................................................................................................
Chlorinated Isocyanurates, A–570–898 .................................................................................................................................
Furfuryl Alcohol, A–570–835 ..................................................................................................................................................
Polyester Staple Fiber, A–570–905 .......................................................................................................................................
Prestressed Concrete Steel Wire Strand, A–570–945 ..........................................................................................................
Silicon Metal, A–570–806 .......................................................................................................................................................
Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, A–570–601 ...............................................................
TUNISIA: Prestressed Concrete Steel Wire Strand, A–723–001 .................................................................................................
UKRAINE: Prestressed Concrete Steel Wire Strand, A–823–817 ...............................................................................................
6/1/23–5/31/24
6/1/23–5/31/24
6/1/23–5/31/24
6/1/23–5/31/24
6/1/23–5/31/24
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6/1/23–5/31/24
6/1/23–5/31/24
Countervailing Duty Proceedings
INDIA:
Glycine, C–533–884 ...............................................................................................................................................................
Quartz Surface Products, C–533–890 ...................................................................................................................................
REPUBLIC OF TÜRKIYE: Quartz Surface Products, C–489–838 ...............................................................................................
SOCIALIST REPUBLIC OF VIETNAM: Laminated Woven Sacks, C–552–824 ..........................................................................
THE PEOPLE’S REPUBLIC OF CHINA:
Ceramic Tile, C–570–109 .......................................................................................................................................................
Glycine, C–570–081 ...............................................................................................................................................................
Stainless Steel Flanges, C–570–065 .....................................................................................................................................
1/1/23–12/31/23
1/1/23–12/31/23
1/1/23–12/31/23
1/1/23–12/31/23
1/1/23–12/31/23
1/1/23–12/31/23
1/1/23–12/31/23
Suspension Agreements
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None.
In accordance with 19 CFR
351.213(b), an interested party as
defined by section 771(9) of the Act may
request in writing that Commerce
conduct an administrative review. For
both AD and CVD reviews, the
interested party must specify the
individual producers or exporters
covered by an AD finding or an AD or
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CVD order or suspension agreement for
which it is requesting a review. In
addition, a domestic interested party or
an interested party described in section
771(9)(B) of the Act must state why it
desires Commerce to review those
particular producers or exporters. If the
interested party intends for Commerce
to review sales of merchandise by an
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exporter (or a producer if that producer
also exports merchandise from other
suppliers) which was produced in more
than one country of origin and each
country of origin is subject to a separate
order, then the interested party must
state specifically, on an order-by-order
basis, which exporter(s) the request is
intended to cover.
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Note that, for any party Commerce
was unable to locate in prior segments,
Commerce will not accept a request for
an administrative review of that party
absent new information as to the party’s
location. Moreover, if the interested
party who files a request for review is
unable to locate the producer or
exporter for which it requested the
review, the interested party must
provide an explanation of the attempts
it made to locate the producer or
exporter at the same time it files its
request for review, in order for
Commerce to determine if the interested
party’s attempts were reasonable,
pursuant to 19 CFR 351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011), Commerce clarified
its practice with respect to the
collection of final antidumping duties
on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders.3
Commerce no longer considers the
non-market economy (NME) entity as an
exporter conditionally subject to an AD
administrative review.4 Accordingly,
the NME entity will not be under review
unless Commerce specifically receives a
request for, or self-initiates, a review of
the NME entity.5 In administrative
reviews of AD orders on merchandise
from NME countries where a review of
the NME entity has not been initiated,
but where an individual exporter for
which a review was initiated does not
qualify for a separate rate, Commerce
will issue a final decision indicating
that the company in question is part of
the NME entity. However, in that
situation, because no review of the NME
entity was conducted, the NME entity’s
entries were not subject to the review
and the rate for the NME entity is not
subject to change as a result of that
3 See the Enforcement and Compliance website at
https://www.trade.gov/us-antidumping-andcountervailing-duties.
4 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
5 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
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review (although the rate for the
individual exporter may change as a
function of the finding that the exporter
is part of the NME entity). Following
initiation of an AD administrative
review when there is no review
requested of the NME entity, Commerce
will instruct CBP to liquidate entries for
all exporters not named in the initiation
notice, including those that were
suspended at the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS) on
Enforcement and Compliance’s ACCESS
website at https://access.trade.gov.6
Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request
must be served on the petitioner and
each exporter or producer specified in
the request. Note that Commerce has
amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).7
Commerce will publish in the Federal
Register a notice of ‘‘Initiation of
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation’’ for
requests received by the last day of June
2024. If Commerce does not receive, by
the last day of June 2024, a request for
review of entries covered by an order,
finding, or suspended investigation
listed in this notice and for the period
identified above, Commerce will
instruct CBP to assess antidumping or
countervailing duties on those entries at
a rate equal to the cash deposit of
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
Establishment of and Updates to the
Annual Inquiry Service List
On September 20, 2021, Commerce
published the final rule titled
6 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
7 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
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‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.8 On September 27,
2021, Commerce also published the
notice entitled ‘‘Scope Ruling
Application; Annual Inquiry Service
List; and Informational Sessions’’ in the
Federal Register.9 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.10
In accordance with the Procedural
Guidance, for orders published in the
Federal Register before November 4,
2021, Commerce created an annual
inquiry service list segment for each
order and suspended investigation.
Interested parties who wished to be
added to the annual inquiry service list
for an order submitted an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS and, on November 4, 2021,
Commerce finalized the initial annual
inquiry service lists for each order and
suspended investigation. Each annual
inquiry service list has been saved as a
public service list in ACCESS, under
each case number, and under a specific
segment type called ‘‘AISL-Annual
Inquiry Service List.’’ 11
As mentioned in the Procedural
Guidance, beginning in January 2022,
Commerce will update these annual
inquiry service lists on an annual basis
when the Opportunity Notice for the
anniversary month of the order or
suspended investigation is published in
8 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
9 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
10 Id.
11 This segment has been combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
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the Federal Register.12 Accordingly,
Commerce will update the annual
inquiry service lists for the above-listed
AD and CVD proceedings. All interested
parties wishing to appear on the
updated annual inquiry service list must
take one of the two following actions:
(1) new interested parties who did not
previously submit an entry of
appearance must submit a new entry of
appearance at this time; (2) interested
parties who were included in the
preceding annual inquiry service list
must submit an amended entry of
appearance to be included in the next
year’s annual inquiry service list. For
these interested parties, Commerce will
change the entry of appearance status
from ‘‘Active’’ to ‘‘Needs Amendment’’
for the annual inquiry service lists
corresponding to the above-listed
proceedings. This will allow those
interested parties to make any necessary
amendments and resubmit their entries
of appearance. If no amendments need
to be made, the interested party should
indicate in the area on the ACCESS form
requesting an explanation for the
amendment that it is resubmitting its
entry of appearance for inclusion in the
annual inquiry service list for the
following year. As mentioned in the
Final Rule,13 once the petitioners and
foreign governments have submitted an
entry of appearance for the first time,
they will automatically be added to the
updated annual inquiry service list each
year.
Interested parties have 30 days after
the date of this notice to submit new or
amended entries of appearance.
Commerce will then finalize the annual
inquiry service lists five business days
thereafter. For ease of administration,
please note that Commerce requests that
law firms with more than one attorney
representing interested parties in a
proceeding designate a lead attorney to
be included on the annual inquiry
service list.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
12 See
13 See
Procedural Guidance, 86 FR at 53206.
Final Rule, 86 FR at 52335.
VerDate Sep<11>2014
18:00 May 31, 2024
Jkt 262001
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 14
Accordingly, as stated above and
pursuant to 19 CFR 351.225(n)(3), the
petitioners and foreign governments
will not need to resubmit their entries
of appearance each year to continue to
be included on the annual inquiry
service list. However, the petitioners
and foreign governments are responsible
for making amendments to their entries
of appearance during the annual update
to the annual inquiry service list in
accordance with the procedures
described above.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: May 28, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–12086 Filed 5–31–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Request for Comment: Proposed
Topics for U.S.-Brazil Commercial
Dialogue Agenda
International Trade
Administration (ITA), Department of
Commerce (DOC).
ACTION: Request for comment.
AGENCY:
This notice requests input on
proposed topics for the agenda of the
22nd Plenary of the U.S.-Brazil
Commercial Dialogue (Dialogue), taking
place on September 19, 2024. In 2006,
the Governments of the United States
and Brazil established the Dialogue with
the purpose of working together to
prevent, reduce and remove non-tariff
barriers to trade.
DATES: In order to be considered in
advance of Dialogue, comments should
be received by July 31, 2024. Comments
received after that date will be evaluated
for future discussions.
ADDRESSES: Comments should be
submitted by email to brazildesk@
trade.gov.
FOR FURTHER INFORMATION CONTACT:
Maria Cameron, maria.cameron@
SUMMARY:
trade.gov, 202 482–0475; Office of Latin
America & the Caribbean, U.S.
Department of Commerce.
The
Dialogue was established by a Letter of
Intent between the U.S. Department of
Commerce (Commerce) and the
Brazilian Ministry of Development,
Industry and Foreign Trade (MDIC) on
June 6, 2006, which was intended to
guide commercial cooperation between
the two Ministries. The Dialogue is the
mechanism through which Commerce
and MDIC work together to prevent,
reduce and remove non-tariff barriers to
trade in order to foster increased
bilateral trade and investment. The
Dialogue does this through a working
group structure and organizes regular
information exchanges between
technical experts.
Following the 21st Plenary of the
U.S.-Brazil Commercial Dialogue in
November 2023, Commerce and MDIC
issued a Joint Statement which noted
the Dialogue maintains its overarching
intention to:
• Support the implementation of the
U.S.-Brazil Protocol on Trade Rules and
Transparency;
• Foster an environment for ongoing
and future cooperation;
• Support both countries’ efforts to
enhance resilient supply chains; and
• Remain engaged with the private
sector and other stakeholders.
Currently the Dialogue is made up of
working groups which address topics
including but not limited to:
• Good regulatory practices;
• Standards, metrology and
conformity assessment;
• Trade in the digital economy;
• Customs and trade facilitation;
• Trade and sustainable development.
Commerce will use the information
gathered in this request for comment to
develop proposed topics for the
Dialogue agenda.
More information about the Dialogue
can be found at: https://www.trade.gov/
brazil-us-brazil-commercial-dialogue.
SUPPLEMENTARY INFORMATION:
Alexander Peacher,
Director.
[FR Doc. 2024–12105 Filed 5–31–24; 8:45 am]
BILLING CODE 3510–FP–P
14 Id.
PO 00000
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]]>Agencies
[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47518-47522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12086]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review and Join
Annual Inquiry Service List
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 47519]]
FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of 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:
Background
Each year during the anniversary month of the publication of an
antidumping duty (AD) or countervailing duty (CVD) order, finding, or
suspended investigation, an interested party, as defined in section
771(9) of the Tariff Act of 1930, as amended (the Act), may request, in
accordance with 19 CFR 351.213, that the U.S. Department of Commerce
(Commerce) conduct an administrative review of that AD or CVD order,
finding, or suspended investigation.
All deadlines for the submission of comments or actions by Commerce
discussed below refer to the number of calendar days from the
applicable starting date.
Respondent Selection
In the event 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
release the CBP data under Administrative Protective Order (APO) to all
parties having an APO within five days of publication of the initiation
notice and to make our decision regarding respondent selection within
35 days of publication of the initiation Federal Register notice.
Therefore, we encourage all parties interested in commenting on
respondent selection to submit their APO applications on the date of
publication of the initiation notice, or as soon thereafter as
possible. Commerce invites comments regarding the CBP data and
respondent selection within five days of placement of the CBP data on
the record of the review.
In the event Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that determinations concerning whether
particular companies should be ``collapsed'' (i.e., treated as a single
entity for purposes of calculating AD rates) require a substantial
amount of detailed information and analysis, which often require
follow-up questions and analysis. Accordingly, Commerce will not
conduct collapsing analyses at the respondent selection phase of a
review and will not collapse companies at the respondent selection
phase unless there has been a determination to collapse certain
companies in a previous segment of this AD proceeding (i.e.,
investigation, administrative review, new shipper review, or changed
circumstances review). For any company subject to a review, if Commerce
determined, or continued to treat, that company as collapsed with
others, Commerce will assume that such companies continue to operate in
the same manner and will collapse them for respondent selection
purposes. Otherwise, Commerce will not collapse companies for purposes
of respondent selection. Parties are requested to: (a) identify which
companies subject to review previously were collapsed; and (b) provide
a citation to the proceeding in which they were collapsed. Further, if
companies are requested to complete a Quantity and Value Questionnaire
for purposes of respondent selection, in general each company must
report volume and value data separately for itself. Parties should not
include data for any other party, even if they believe they should be
treated as a single entity with that other party. If a company was
collapsed with another company or companies in the most recently
completed segment of a proceeding where Commerce considered collapsing
that entity, complete quantity and value data for that collapsed entity
must be submitted.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that requests a review
may withdraw that request within 90 days of the date of publication of
the notice of initiation of the requested review. The regulation
provides that Commerce may extend this time if it is reasonable to do
so. Determinations by Commerce to extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of constructed value under section 773(e) of the Act.\1\
Section 773(e) of the Act states that ``if a particular market
situation exists such that the cost of materials and fabrication or
other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
---------------------------------------------------------------------------
\1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
---------------------------------------------------------------------------
Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial Section D
responses.
Opportunity To Request a Review: Not later than the last day of
June 2024,\2\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in June for the following periods:
---------------------------------------------------------------------------
\2\ Or the next business day, if the deadline falls on a
weekend, Federal holiday or any other day when Commerce is closed.
[[Page 47520]]
------------------------------------------------------------------------
Period to be
reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
------------------------------------------------------------------------
ARGENTINA: Raw Honey, A-357-823...................... 6/1/23-5/31/24
BRAZIL: Raw Honey, A-351-857......................... 6/1/23-5/31/24
GERMANY: Certain Cold-Drawn Mechanical Tubing of 6/1/23-5/31/24
Carbon and Alloy Steel, A-428-845...................
INDIA:
Glycine, A-533-883............................... 6/1/23-5/31/24
Quartz Surface Products, A-533-889............... 6/1/23-5/31/24
Raw Honey, A-533-903............................. 6/1/23-5/31/24
Certain Cold-Drawn Mechanical Tubing of Carbon 6/1/23-5/31/24
and Alloy Steel, A-533-873......................
INDONESIA: Prestressed Concrete Steel Wire Strand, A- 6/1/23-5/31/24
560-837.............................................
ITALY:
Certain Cold-Drawn Mechanical Tubing of Carbon 6/1/23-5/31/24
and Alloy Steel, A-475-838......................
Pressed Concrete Steel Wire Strand, A-475-843.... 6/1/23-5/31/24
JAPAN:
Carbon and Alloy Seamless Standard, Line, and 6/1/23-5/31/24
Pressure (over 4 \1/2\ inches), A-588-850.......
Carbon and Alloy Seamless Standard, Line, and 6/1/23-5/31/24
Pressure (under 4 \1/2\ inches), A-588-851......
Glycine, A-588-878............................... 6/1/23-5/31/24
MALAYSIA: Prestressed Concrete Steel Wire Strand, A- 6/1/23-5/31/24
557-819.............................................
REPUBLIC OF KOREA: Certain Cold-Drawn Mechanical 6/1/23-5/31/24
Tubing of Carbon and Alloy Steel, A-580-892.........
REPUBLIC OF T[Uuml]RKIYE: Quartz Surface Products, A- 6/1/23-5/31/24
489-837.............................................
SOCIALIST REPUBLIC OF VIETNAM:
Certain Tool Chests and Cabinets, A-552-821...... 6/1/23-5/31/24
Laminated Woven Sacks, A-552-823................. 6/1/23-5/31/24
Raw Honey, A-552-833............................. 6/1/23-5/31/24
SPAIN:
Chlorinated Isocyanurates, A-469-814............. 6/1/23-5/31/24
Finished Carbon Steel Flanges, A-469-815......... 6/1/23-5/31/24
Prestressed Concrete Steel Wire Strand, A-469-821 6/1/23-5/31/24
SOUTH AFRICA: Prestressed Concrete Steel Wire Strand, 6/1/23-5/31/24
A-791-826...........................................
SWITZERLAND: Certain Cold-Drawn Mechanical Tubing of 6/1/23-5/31/24
Carbon and Alloy Steel, A-441-801...................
THE PEOPLE'S REPUBLIC OF CHINA:
Artist Canvas, A-570-899......................... 6/1/23-5/31/24
Ceramic Tile, A-570-108.......................... 6/1/23-5/31/24
Certain Cold-Drawn Mechanical Tubing of Carbon 6/1/23-5/31/24
and Alloy Steel, A-570-058......................
Certain Tool Chests and Cabinets, A-570-056...... 6/1/23-5/31/24
Chlorinated Isocyanurates, A-570-898............. 6/1/23-5/31/24
Furfuryl Alcohol, A-570-835...................... 6/1/23-5/31/24
Polyester Staple Fiber, A-570-905................ 6/1/23-5/31/24
Prestressed Concrete Steel Wire Strand, A-570-945 6/1/23-5/31/24
Silicon Metal, A-570-806......................... 6/1/23-5/31/24
Tapered Roller Bearings and Parts Thereof, 6/1/23-5/31/24
Finished or Unfinished, A-570-601...............
TUNISIA: Prestressed Concrete Steel Wire Strand, A- 6/1/23-5/31/24
723-001.............................................
UKRAINE: Prestressed Concrete Steel Wire Strand, A- 6/1/23-5/31/24
823-817.............................................
------------------------------------------------------------------------
Countervailing Duty Proceedings
------------------------------------------------------------------------
INDIA:
Glycine, C-533-884............................... 1/1/23-12/31/23
Quartz Surface Products, C-533-890............... 1/1/23-12/31/23
REPUBLIC OF T[Uuml]RKIYE: Quartz Surface Products, C- 1/1/23-12/31/23
489-838.............................................
SOCIALIST REPUBLIC OF VIETNAM: Laminated Woven Sacks, 1/1/23-12/31/23
C-552-824...........................................
THE PEOPLE'S REPUBLIC OF CHINA:
Ceramic Tile, C-570-109.......................... 1/1/23-12/31/23
Glycine, C-570-081............................... 1/1/23-12/31/23
Stainless Steel Flanges, C-570-065............... 1/1/23-12/31/23
------------------------------------------------------------------------
Suspension Agreements
------------------------------------------------------------------------
None.................................................
------------------------------------------------------------------------
In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that
Commerce conduct an administrative review. For both AD and CVD reviews,
the interested party must specify the individual producers or exporters
covered by an AD finding or an AD or CVD order or suspension agreement
for which it is requesting a review. In addition, a domestic interested
party or an interested party described in section 771(9)(B) of the Act
must state why it desires Commerce to review those particular producers
or exporters. If the interested party intends for Commerce to review
sales of merchandise by an exporter (or a producer if that producer
also exports merchandise from other suppliers) which was produced in
more than one country of origin and each country of origin is subject
to a separate order, then the interested party must state specifically,
on an order-by-order basis, which exporter(s) the request is intended
to cover.
[[Page 47521]]
Note that, for any party Commerce was unable to locate in prior
segments, Commerce will not accept a request for an administrative
review of that party absent new information as to the party's location.
Moreover, if the interested party who files a request for review is
unable to locate the producer or exporter for which it requested the
review, the interested party must provide an explanation of the
attempts it made to locate the producer or exporter at the same time it
files its request for review, in order for Commerce to determine if the
interested party's attempts were reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice
with respect to the collection of final antidumping duties on imports
of merchandise where intermediate firms are involved. The public should
be aware of this clarification in determining whether to request an
administrative review of merchandise subject to antidumping findings
and orders.\3\
---------------------------------------------------------------------------
\3\ See the Enforcement and Compliance website at https://www.trade.gov/us-antidumping-and-countervailing-duties.
---------------------------------------------------------------------------
Commerce no longer considers the non-market economy (NME) entity as
an exporter conditionally subject to an AD administrative review.\4\
Accordingly, the NME entity will not be under review unless Commerce
specifically receives a request for, or self-initiates, a review of the
NME entity.\5\ In administrative reviews of AD orders on merchandise
from NME countries where a review of the NME entity has not been
initiated, but where an individual exporter for which a review was
initiated does not qualify for a separate rate, Commerce will issue a
final decision indicating that the company in question is part of the
NME entity. However, in that situation, because no review of the NME
entity was conducted, the NME entity's entries were not subject to the
review and the rate for the NME entity is not subject to change as a
result of that review (although the rate for the individual exporter
may change as a function of the finding that the exporter is part of
the NME entity). Following initiation of an AD administrative review
when there is no review requested of the NME entity, Commerce will
instruct CBP to liquidate entries for all exporters not named in the
initiation notice, including those that were suspended at the NME
entity rate.
---------------------------------------------------------------------------
\4\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\5\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
---------------------------------------------------------------------------
All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) on Enforcement and Compliance's ACCESS website
at https://access.trade.gov.\6\ Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request must be served on the
petitioner and each exporter or producer specified in the request. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\7\
---------------------------------------------------------------------------
\6\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
\7\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------
Commerce will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of June 2024. If Commerce does not receive, by the last
day of June 2024, a request for review of entries covered by an order,
finding, or suspended investigation listed in this notice and for the
period identified above, Commerce will instruct CBP to assess
antidumping or countervailing duties on those entries at a rate equal
to the cash deposit of estimated antidumping or countervailing duties
required on those entries at the time of entry, or withdrawal from
warehouse, for consumption and to continue to collect the cash deposit
previously ordered.
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant provisional-measures ``gap'' period of
the order, if such a gap period is applicable to the period of review.
Establishment of and Updates to the Annual Inquiry Service List
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\8\ On September
27, 2021, Commerce also published the notice entitled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\9\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\10\
---------------------------------------------------------------------------
\8\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\9\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\10\ Id.
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register before November 4, 2021, Commerce created an
annual inquiry service list segment for each order and suspended
investigation. Interested parties who wished to be added to the annual
inquiry service list for an order submitted an entry of appearance to
the annual inquiry service list segment for the order in ACCESS and, on
November 4, 2021, Commerce finalized the initial annual inquiry service
lists for each order and suspended investigation. Each annual inquiry
service list has been saved as a public service list in ACCESS, under
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \11\
---------------------------------------------------------------------------
\11\ This segment has been combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
---------------------------------------------------------------------------
As mentioned in the Procedural Guidance, beginning in January 2022,
Commerce will update these annual inquiry service lists on an annual
basis when the Opportunity Notice for the anniversary month of the
order or suspended investigation is published in
[[Page 47522]]
the Federal Register.\12\ Accordingly, Commerce will update the annual
inquiry service lists for the above-listed AD and CVD proceedings. All
interested parties wishing to appear on the updated annual inquiry
service list must take one of the two following actions: (1) new
interested parties who did not previously submit an entry of appearance
must submit a new entry of appearance at this time; (2) interested
parties who were included in the preceding annual inquiry service list
must submit an amended entry of appearance to be included in the next
year's annual inquiry service list. For these interested parties,
Commerce will change the entry of appearance status from ``Active'' to
``Needs Amendment'' for the annual inquiry service lists corresponding
to the above-listed proceedings. This will allow those interested
parties to make any necessary amendments and resubmit their entries of
appearance. If no amendments need to be made, the interested party
should indicate in the area on the ACCESS form requesting an
explanation for the amendment that it is resubmitting its entry of
appearance for inclusion in the annual inquiry service list for the
following year. As mentioned in the Final Rule,\13\ once the
petitioners and foreign governments have submitted an entry of
appearance for the first time, they will automatically be added to the
updated annual inquiry service list each year.
---------------------------------------------------------------------------
\12\ See Procedural Guidance, 86 FR at 53206.
\13\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------
Interested parties have 30 days after the date of this notice to
submit new or amended entries of appearance. Commerce will then
finalize the annual inquiry service lists five business days
thereafter. For ease of administration, please note that Commerce
requests that law firms with more than one attorney representing
interested parties in a proceeding designate a lead attorney to be
included on the annual inquiry service list.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \14\ Accordingly, as stated
above and pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign
governments will not need to resubmit their entries of appearance each
year to continue to be included on the annual inquiry service list.
However, the petitioners and foreign governments are responsible for
making amendments to their entries of appearance during the annual
update to the annual inquiry service list in accordance with the
procedures described above.
---------------------------------------------------------------------------
\14\ Id.
---------------------------------------------------------------------------
This notice is not required by statute but is published as a
service to the international trading community.
Dated: May 28, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024-12086 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P
