Silicomanganese From India: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind, in Part; 2022-2023, 49152-49154 [2024-12743]
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49152
Federal Register / Vol. 89, No. 113 / Tuesday, June 11, 2024 / Notices
company(ies) involved in the
transaction.19
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entered, or withdrawn from warehouse,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 the companies
listed above 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 a company 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 it was reviewed;
(3) if the exporter is not a firm covered
by this review, a prior 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; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 4.30 percent,20 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
khammond on DSKJM1Z7X2PROD with NOTICES
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
19 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
20 See Order, 77 FR at 27422.
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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
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 19 CFR 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–12740 Filed 6–10–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–823]
Silicomanganese From India:
Preliminary Results of Antidumping
Duty Administrative Review and Intent
To Rescind, in Part; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that silicomanganese from
India was sold in the United States at
less than normal value during the
period of review (POR) May 1, 2022,
through April 30, 2023. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable June 11, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
AGENCY:
PO 00000
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Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2002, Commerce
published the antidumping duty order
on silicomanganese from India.1 On
May 19, 2023, Commerce received a
timely request to conduct an
administrative review of the Order from
Maithan Alloys Limited (MAL),2 and on
May 31, 2023, Eramet Marietta, Inc. (the
petitioner) requested a review of MAL
and Rajadhiraj Tirupani Vinayak Natraj
Pvt. Ltd. (RTVN).3 On July 12, 2023, in
accordance with 19 CFR 351.221(c)(i),
Commerce initiated an administrative
review of MAL and RTVN.4 Pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), on January
26, 2024, Commerce extended the
deadline for the preliminary results of
this review until May 23, 2024.5
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is available via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
1 See Notice of Amended Final Determination of
Sales at Less than Fair Value and Antidumping
Duty Orders: Silicomanganese from India,
Kazakhstan, and Venezuela, 67 FR 36149 (May 23,
2002) (Order).
2 See MAL’s Letter, ‘‘Request for Administrative
Review of Antidumping Order on behalf of Maithan
Alloys Limited,’’ dated May 19, 2023.
3 See Petitioner’s Letter, ‘‘Request for
Administrative Review of Antidumping Duty
Order,’’ dated May 31, 2023.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022).
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated January 26, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Silicomanganese from
India; 2022–2023,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Federal Register / Vol. 89, No. 113 / Tuesday, June 11, 2024 / Notices
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
The products covered by this Order
table of authorities.9
are all forms, sizes and compositions of
As provided under 19 CFR
silicomanganese, except low-carbon
351.309(c)(2) and (d)(2), in prior
silicomanganese. For a full description
proceedings we have encouraged
of the scope of the Order, see the
interested parties to provide an
Preliminary Decision Memorandum.
executive summary of their brief that
should be limited to five pages total,
Intent To Rescind, in Part
including footnotes. In this review, we
As explained in the Preliminary
instead request that interested parties
Decision Memorandum, Commerce
provide at the beginning of their briefs
finds that RTVN had no suspended
a public, executive summary for each
entries of subject merchandise and,
issue raised in their briefs.10 Further, we
therefore, pursuant to 19 CFR
request that interested parties limit their
351.213(d)(3), we intend to rescind the
public executive summary of each issue
review with respect to RTVN.
to no more than 450 words, not
including citations. We intend to use
Methodology
the public executive summaries as the
Commerce is conducting this review
in accordance with sections 751(a)(1)(B) basis of the comment summaries
and (2) of the Act. For a full description included in the issues and decision
memorandum that will accompany the
of the methodology underlying these
preliminary results, see the Preliminary final determination in this investigation.
We request that interested parties
Decision Memorandum.
include footnotes for relevant citations
Preliminary Results of the Review
in the public executive summary of each
issue. Note that Commerce has amended
We preliminarily determine the
certain of its requirements pertaining to
following estimated weighted-average
the service of documents in 19 CFR
dumping margin for the period May 1,
351.303(f).11
2022, through April 30, 2023:
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
Weightedwritten request to the Assistant
average
Secretary for Enforcement and
Exporter or producer
dumping
margin
Compliance, U.S. Department of
(percent)
Commerce, filed electronically, using
Maithan Alloys Limited .............
1.71 ACCESS. Hearing requests should
contain the party’s name, address, and
telephone number, the number of
Disclosure and Public Comment
participants, and a list of the issues to
Commerce intends to disclose its
be discussed. Issues raised in the
calculations performed to interested
hearing will be limited to those raised
parties for these preliminary results
in the case and rebuttal briefs. An
within five days of any public
electronically filed request must be
announcement or, if there is no public
received successfully in its entirety by
announcement, within five days of the
ACCESS by 5:00 p.m. Eastern Time,
date of publication of this notice in the
within 30 days of the publication date
Federal Register in accordance with 19
of this notice. If a request for a hearing
CFR 351.224(b).
is made, parties will be notified of the
Case briefs or other written comments time and date of the hearing.12
may be submitted to the Assistant
Final Results of Review
Secretary for Enforcement and
7
Unless the deadline is extended
Compliance. Commerce will notify
pursuant to section 751(a)(3)(A) of the
interested parties of the deadline for
Act and 19 CFR 351.213(h)(2),
submission of case briefs. Rebuttal
Commerce intends to issue the final
briefs, limited to issues raised in the
results of this administrative review,
case briefs, may be filed not later than
including the results of its analysis of
five days after the date for filing case
the issues raised by the parties in any
briefs.8 Interested parties who submit
written briefs, no later than 120 days
case briefs or rebuttal briefs in this
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Scope of the Order
7 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 for general filing requirements.
8 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Procedures).
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9 See
19 CFR 351.309(c)(2) and (d)(2).
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
11 See APO and Service Procedures.
12 See 19 CFR 351.310(d).
10 We
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49153
after the date of publication of these
preliminary results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this administrative review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
If MAL’s weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.50 percent) in the final
results of this review, Commerce
intends to calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales to the total entered value of those
sales. Where we do not have entered
values for all U.S. sales to a particular
importer, we will calculate an importerspecific, per-unit assessment rate on the
basis of the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total quantity of
those sales.13 To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. If MAL’s weightedaverage dumping margin is zero or de
minimis or where an importer-specific
ad valorem assessment rate is zero or de
minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.14
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by MAL for which it
did not know that the merchandise was
destined for the United States, we
intend to instruct CBP to liquidate those
entries at the all-others rate in the
original less-than-fair-value
13 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
14 See
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49154
Federal Register / Vol. 89, No. 113 / Tuesday, June 11, 2024 / Notices
investigation (i.e., 17.74 percent) if there
is no rate for the intermediate
company(ies) involved in the
transaction.15
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
company-specific cash deposit rate for
MAL will be equal to the weightedaverage dumping margin established in
the final results of this review (except,
if that rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), then
the cash deposit rate will be zero); (2)
for producers or exporters not covered
in this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which they were
reviewed; (3) if the exporter is not a firm
covered in this review or a prior
segment of the proceeding but the
producer is, then the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 17.74 percent, the
all-others rate established in the lessthan-fair-value investigation.16 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also 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
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.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 See Order, 86 FR at 7530.
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and 19 CFR 351.213(h)(2) and
351.221(b)(4).
Dated: May 23, 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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind, In Part
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024–12743 Filed 6–10–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–067]
Forged Steel Fittings From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Qingdao Bestflow Industrial Co., Ltd.
(Bestflow), the sole participating
mandatory respondent in this review
and an exporter of forged steel fittings
from the People’s Republic of China
(China), and Both-Well Taizhou Steel
Fittings Co., Ltd. (Both-Well), a nonindividually-examined exporter of
forged steel fittings from China, sold
subject merchandise in the United
States at prices below normal value
(NV) during the period of review (POR)
November 1, 2021, through October 31,
2022. Further, Commerce determines
that Xin Yi International Trade Co.,
Limited (Xin Yi) had no shipments of
subject merchandise during the POR.
Lastly, Commerce determines that 23
companies for which this review was
initiated are not eligible for a separate
rate and are, thus, part of the Chinawide entity.
DATES: Applicable June 11, 2024.
FOR FURTHER INFORMATION CONTACT:
Jinny Ahn, AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
PO 00000
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Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0968.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results 1 on December 7, 2023, and
invited interested parties to comment.
On March 22, 2024, we extended the
deadline for the final results of this
review until June 4, 2024.2 For a
complete description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.3
Scope of the Order 4
The merchandise covered by the
Order is forged steel fittings from China.
Subject carbon and alloy forged steel
fittings are normally entered under
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7307.99.1000, 7307.99.3000,
7307.99.5045, and 7307.99.5060. They
also may be entered under HTSUS
subheadings 7307.92.3010,
7307.92.3030, 7307.92.9000, and
7326.19.0010. The HTSUS subheadings
are provided for convenience and
customs purposes; the written
description of the scope is dispositive.
For a complete description of the scope
of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the parties’ briefs
are addressed in the Issues and Decision
Memorandum. A list of the issues
addressed is included as Appendix I to
this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically 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 Issues and
Decision Memorandum can be accessed
1 See Forged Steel Fittings from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments; 2021–
2022, 88 FR 85221 (December 7, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated March 22, 2024.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Administrative Review of
the Antidumping Duty Order on Forged Steel
Fittings from the People’s Republic of China; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 See Forged Steel Fittings from Italy and the
People’s Republic of China: Antidumping Duty
Orders, 83 FR 60397, dated November 26, 2018
(Order).
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]]>Agencies
[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49152-49154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12743]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-823]
Silicomanganese From India: Preliminary Results of Antidumping
Duty Administrative Review and Intent To Rescind, in Part; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that silicomanganese from India was sold in the United
States at less than normal value during the period of review (POR) May
1, 2022, through April 30, 2023. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 11, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2002, Commerce published the antidumping duty order on
silicomanganese from India.\1\ On May 19, 2023, Commerce received a
timely request to conduct an administrative review of the Order from
Maithan Alloys Limited (MAL),\2\ and on May 31, 2023, Eramet Marietta,
Inc. (the petitioner) requested a review of MAL and Rajadhiraj Tirupani
Vinayak Natraj Pvt. Ltd. (RTVN).\3\ On July 12, 2023, in accordance
with 19 CFR 351.221(c)(i), Commerce initiated an administrative review
of MAL and RTVN.\4\ Pursuant to section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), on January 26, 2024, Commerce extended
the deadline for the preliminary results of this review until May 23,
2024.\5\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
than Fair Value and Antidumping Duty Orders: Silicomanganese from
India, Kazakhstan, and Venezuela, 67 FR 36149 (May 23, 2002)
(Order).
\2\ See MAL's Letter, ``Request for Administrative Review of
Antidumping Order on behalf of Maithan Alloys Limited,'' dated May
19, 2023.
\3\ See Petitioner's Letter, ``Request for Administrative Review
of Antidumping Duty Order,'' dated May 31, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
26, 2024.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is available via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review:
Silicomanganese from India; 2022-2023,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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[[Page 49153]]
Scope of the Order
The products covered by this Order are all forms, sizes and
compositions of silicomanganese, except low-carbon silicomanganese. For
a full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Intent To Rescind, in Part
As explained in the Preliminary Decision Memorandum, Commerce finds
that RTVN had no suspended entries of subject merchandise and,
therefore, pursuant to 19 CFR 351.213(d)(3), we intend to rescind the
review with respect to RTVN.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine the following estimated weighted-average
dumping margin for the period May 1, 2022, through April 30, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Maithan Alloys Limited..................................... 1.71
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
any public announcement 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).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\7\ Commerce will
notify interested parties of the deadline for submission of case
briefs. 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.\8\ 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.\9\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their 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 determination in this investigation. 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).\11\
---------------------------------------------------------------------------
\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically, using ACCESS. Hearing requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. Issues raised
in the hearing will be limited to those raised in the case and rebuttal
briefs. An electronically filed request must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days of
the publication date of this notice. If a request for a hearing is
made, parties will be notified of the time and date of the hearing.\12\
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\12\ See 19 CFR 351.310(d).
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this administrative review in the Federal Register. If a
timely summons is filed at the U.S. Court of International Trade, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
If MAL's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review,
Commerce intends to calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those sales.
Where we do not have entered values for all U.S. sales to a particular
importer, we will calculate an importer-specific, per-unit assessment
rate on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales to the total quantity of
those sales.\13\ To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also will calculate an importer-specific ad valorem ratio based on
estimated entered values. If MAL's weighted-average dumping margin is
zero or de minimis or where an importer-specific ad valorem assessment
rate is zero or de minimis, we will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by MAL for
which it did not know that the merchandise was destined for the United
States, we intend to instruct CBP to liquidate those entries at the
all-others rate in the original less-than-fair-value
[[Page 49154]]
investigation (i.e., 17.74 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\15\
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\15\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for
MAL will be equal to the weighted-average dumping margin established in
the final results of this review (except, if that rate is de minimis
within the meaning of 19 CFR 351.106(c)(1), then the cash deposit rate
will be zero); (2) for producers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently-completed segment of this proceeding in which
they were reviewed; (3) if the exporter is not a firm covered in this
review or a prior segment of the proceeding but the producer is, then
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 17.74 percent, the all-others rate
established in the less-than-fair-value investigation.\16\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\16\ See Order, 86 FR at 7530.
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Notification to Importers
This notice also 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 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
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: May 23, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind, In Part
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-12743 Filed 6-10-24; 8:45 am]
BILLING CODE 3510-DS-P
