Forged Steel Fittings From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review, in Part; 2022-2023, 65860-65863 [2024-18001]
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65860
Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices
material injury to, a U.S. industry.48 A
negative ITC determination will result
in the investigation being terminated.49
Otherwise, this LTFV investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 50 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.51 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
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Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.52 For submissions that are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
48 See
section 733(a) of the Act.
49 Id.
50 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
52 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
51 See
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which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
timely. An extension request must be
made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in this
investigation.53
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.54
Parties must use the certification
formats provided in 19 CFR
351.303(g).55 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).56
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
53 See 19 CFR 351.302; see also, e.g., Time Limits
Final Rule.
54 See section 782(b) of the Act.
55 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Additional information
regarding the Final Rule is available at https://
access.trade.gov/Resources/filing/.
56 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix
Scope of the Investigation
The merchandise covered by the
investigation is certain tungsten spheres or
balls, also known as shot, that are 92.6
percent or greater tungsten by weight, not
including the weight of any additional
coating. In scope shot have a diameter
ranging from 1.5 millimeters (mm) to 10.0
mm. Subject shot can be referred to as
‘‘Tungsten Super Shot.’’ Merchandise is
covered regardless of the combination of
compounds that comprise the non-tungsten
material and whether or not the tungsten shot
is additionally coated with another material,
including but not limited to copper, nickel,
iron, or metallic alloys.
Tungsten shot subject to the investigation
may be classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheading: 9306.29.0000.
Merchandise may also be entered under
HTSUS subheading 8101.99.8000. The
HTSUS subheadings are provided for
convenience and customs purposes only. The
written description of the scope of the
investigation is dispositive.
[FR Doc. 2024–18008 Filed 8–12–24; 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:
Preliminary Results of Antidumping
Duty Administrative Review and
Rescission of Review, in Part; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Yingkou Guangming
Pipeline Industry Co., Ltd. (Yingkou
Guangming), the sole mandatory
respondent in this review and an
exporter of forged steel fittings from
People’s Republic of China (China), has
not established its eligibility for a
separate rate, and is therefore part of the
China-wide entity. Commerce also
preliminarily determines that Jiangsu
Forged Pipe Fittings Co., Ltd. (Jiangsu
Forged) is also not eligible for a separate
rate and is thus part of the China-wide
entity. Further, Commerce is rescinding
the administrative review with respect
to Qingdao Bestflow Industrial Co., Ltd.
(Qingdao Bestflow) and Xin Yi
AGENCY:
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices
International Trade Co. Ltd. (Xin Yi).
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Hannah Lee or Robert Palmer, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1216 and (202) 482–9068,
respectively.
SUPPLEMENTARY INFORMATION:
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Background
On December 29, 2023, Commerce
published the notice of initiation of this
administrative review, covering four
companies.1 On March 27, 2024,
Commerce selected Yingkou Guangming
as a mandatory respondent, as it was the
only remaining company under review
that submitted a separate rate
application (SRA) or a separate rate
certification (SRC).2 On March 29, 2024,
Commerce issued Yingkou Guangming
the standard non-market economy
(NME) antidumping duty
questionnaire.3 On April 19, 2024,
Yingkou Guangming notified Commerce
of its intent not to participate in this
administrative review.4 On July 22,
2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.5 The
deadline for the preliminary results is
now August 8, 2024.
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.6 A
list of the topics included in the
Preliminary Decision Memorandum is
included in Appendix I to this notice.
The Preliminary Decision Memorandum
is a public document and is made
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
90168 (December 29, 2023) (Initiation Notice).
2 See Memorandum, ‘‘Respondent Selection,’’
dated March 27, 2024; see also Initiation Notice, 88
FR at 90168, 90170 (‘‘Exporters and producers must
file a timely Separate Rate Application or
Certification if they want to be considered for
individual examination.’’).
3 See Commerce’s Letter, ‘‘Request for
Information,’’ dated March 29, 2024 (NME
Questionnaire).
4 See Yingkou Guangming’s Letter, ‘‘Yingkou
Notice of Intent Not to Participate,’’ dated April 19,
2024 (Intent Not to Participate).
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Forged Steel Fittings from
the People’s Republic of China; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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available to the public via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order 7
The merchandise covered by the
Order is carbon and alloy forged steel
fittings, whether unfinished (commonly
known as blanks or rough forgings) or
finished. 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
and specifications 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
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.213. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of the notice of
initiation of the requested review. On
January 8, 2024, Bonney Forge
Corporation (the petitioner), withdrew
its request for review for Qingdao
Bestflow and Xin Yi.8 No other party
requested a review of these exporters.
Therefore, Commerce is rescinding this
review with respect to Qingdao Bestflow
and Xin Yi, pursuant to 19 CFR
351.213(d)(1).
7 See Forged Steel Fittings from Italy and the
People’s Republic of China: Antidumping Duty
Orders, 83 FR 60397 (November 26, 2018) (Order).
8 See Petitioner’s Letter, ‘‘Withdrawal of Requests
for Administrative Reviews,’’ dated January 24,
2024.
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65861
Separate Rates
Commerce preliminarily finds that
Jiangsu Forged did not establish its
eligibility for a separate rate because it
failed to provide an SRA or SRC.
Commerce also preliminarily finds that
Yingkou Guangming did not establish
its eligibility for a separate rate. While
Yingkou Guangming submitted an SRA,
it did not respond to the antidumping
duty questionnaire.9 As stated in the
Initiation Notice, companies that submit
an SRA or SRC which are subsequently
selected as mandatory respondents must
respond to all parts of Commerce’s
questionnaire in order to be eligible for
separate-rate status.10 As such, we
preliminarily determine that Jiangsu
Forged and Yingkou Guangming are part
of the China-wide entity. For additional
information, see the Preliminary
Decision Memorandum.
The China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.11 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests and
Commerce initiates, or Commerce selfinitiates, a review of the China-wide
entity.12 Because no party requested a
review of the China-wide entity and
Commerce did not self-initiate a review
of the China-wide entity for this review
period, the China-wide entity is not
under review and the China-wide
entity’s rate (i.e., 142.72 percent) is not
subject to change.13 For additional
information, see the Preliminary
Decision Memorandum.
Disclosure and Public Comment
Normally, Commerce discloses to
interested parties the calculations
performed in 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 the notice of preliminary
results in the Federal Register, in
accordance with 19 CFR 351.224(b).
However, as we have determined all
companies under review, and not
rescinded herein, to be part of the
China-wide entity, and there were no
calculations performed for the
9 See
Intent Not to Participate.
Initiation Notice, 88 FR at 90169–70.
11 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
12 Id.
13 See Order, 83 FR at 60397.
10 See
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices
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mandatory respondent, there are no
calculations to disclose.
Pursuant to 19 CFR 351.309(c)(ii),
interested parties may submit a case
brief no later than 30 days after the date
of publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.14 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.15
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.16 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the 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).17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
14 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
Final Service Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See APO and Final Service Rule.
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Final Results of Review
Unless the deadline is extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review. Upon issuance of the final
results, Commerce will determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review.18 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. 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 we continue to find in the final
results that Jiangsu Forged and Yingkou
Guangming are ineligible for a separate
rate and are, therefore, considered part
of the China-wide entity, we will
instruct CBP to apply an antidumping
duty assessment rate of 142.72 percent
(i.e., the rate for the China-wide entity)
to all entries of subject merchandise
during the POR which were exported by
those companies.
For Qingdao Bestflow and Xin Yi, for
which Commerce is rescinding this
administrative review, antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP no earlier than 35
days after the date of publication of this
notice (see Appendix III).
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
for by section 751(a)(2)(C) of the Act: (1)
for previously investigated or reviewed
Chinese and non-Chinese exporters for
18 See
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19 CFR 351.212(b)(1).
Frm 00027
Fmt 4703
Sfmt 4703
which a review was not requested and
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (2) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity (i.e., 142.72 percent);
and (3) for all non-Chinese exporters of
subject merchandise that have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. 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)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, 19 CFR 351.213, and 19 CFR
351.221(b)(4).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
VI. Recommendation
Appendix II
Companies Preliminarily Not Eligible for a
Separate Rate and Treated as Part of the
China-Wide Entity
1. Jiangsu Forged Pipe Fittings Co., Ltd.
2. Yingkou Guangming Pipeline Industry Co.,
Ltd.
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices
Appendix III
Companies Rescinded from Review
1. Qingdao Bestflow Industrial Co., Ltd.
2. Xin Yi International Trade Co. Ltd.
[FR Doc. 2024–18001 Filed 8–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–837]
Polyethylene Terephthalate Film,
Sheet, and Strip From Taiwan:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Rescission of Review, in
Part; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on
polyethylene terephthalate film, sheet,
and strip (PET Film) from Taiwan. The
period of review (POR) is July 1, 2022,
through June 30, 2023. This review
covers the following producers and
exporters from Taiwan: Nan Ya Plastics
Corporation (Nan Ya); and Shinkong
Materials Technology Corporation
(SMTC)/Shinkong Synthetic Fibers
Corporation (SSFC). Commerce
preliminarily determines that sales of
subject merchandise have not been
made below normal value (NV) by Nan
Ya during the POR. In addition, we
preliminarily find that SMTC/SSFC had
no shipments during the POR.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Charles DeFilippo, 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) 482–3797.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On July 3, 2023, Commerce published
in the Federal Register a notice of
opportunity 1 to request an
administrative review of the AD order
on PET film from Taiwan.2 On
1 See Antidumping or Countervailing Duty Order,
Finding or Suspended Investigation; Opportunity to
Request Administrative Review, 88 FR 42693 (July
3, 2023).
2 See Notice of Amended Final Antidumping Duty
Determination of Sales at Less Than Fair Value and
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17:55 Aug 12, 2024
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September 11, 2023, in accordance with
19 CFR 351.221(c)(1)(i), Commerce
published a notice of initiation of an
administrative review of the Order.3
On March 27, 2024, in accordance
with section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act) and
19 CFR 351.213(h)(2), Commerce
extended the due date for the
preliminary results until June 28, 2024.4
On June 20, 2024, Commerce extended
the preliminary results until July 30,
2024.5 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.6 The deadline for the preliminary
results is now August 6, 2024.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.7 A list of the
topics included in the Preliminary
Decision Memorandum is included as
an appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is 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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order
is PET film. A complete description of
the scope of the Order is provided in the
Preliminary Decision Memorandum.
Preliminary Determination of No
Shipments and Preliminary Partial
Rescission
On October 6, 2023, Commerce placed
U.S. Customs and Border Protection
(CBP) entry data for U.S. imports of PET
Antidumping Duty Order: Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film)
from Taiwan, 67 FR 44174 (July 1, 2002) (Order).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
62322 (September 11, 2023).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 27, 2024.
5 See Memorandum, ‘‘Second Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated June 20, 2024.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments: Polyethylene
Terephthalate Film, Sheet, and Strip from Taiwan;
2022–2023’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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film from Taiwan during the POR,
which showed that SMTC/SSFC 8 did
not make any shipments of PET Film
during the POR.9 Therefore, the record
demonstrates that SMTC/SSFC had no
shipments during the POR. On this
basis, we are preliminary rescinding the
review with respect to SMTC/SSFC, and
will issue appropriate instructions to
CBP based on the final results of this
review.10 For additional information
regarding this determination, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Act. Export price is
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
As a result of this review, Commerce
preliminarily determines that the
following estimated weighted-average
dumping margin exists for the period
July 1, 2022, through June 30, 2023:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Nan Ya Plastics Corporation ......
0.00
Disclosure and Public Comment
Commerce intends to disclose its
calculations and analysis 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
accordance with 19 CFR 351.224(b).
8 In the 2011–2012 administrative review, we
treated SMTC and SSFC as a single entity. See
Polyethylene Terephthalate Film, Sheet, and Strip
from Taiwan; Preliminary Results of Antidumping
Duty Administrative Review; 2011–2012, 78 FR
48651 (August 9, 2013), and accompanying
Preliminary Decision Memorandum, unchanged in
Polyethylene Terephthalate Film, Sheet, and Strip
from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2011–2012, 79 FR 11407
(February 28, 2014). We have treated SMTC and
SSFC as a single entity in all subsequent reviews.
There is no information on the record of this
administrative review that would lead Commerce to
reconsider that determination. Accordingly, we
continue to treat SMTC and SSFC as a single entity
for purposes of this administrative review.
9 See Memorandum, ‘‘Release of U.S. Customs
Entry Data for Respondent Selection; 2022–2023,’’
dated October 6, 2023.
10 We invite interested parties to comment on the
preliminary rescission.
E:\FR\FM\13AUN1.SGM
13AUN1
Agencies
[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65860-65863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18001]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-067]
Forged Steel Fittings From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Rescission of Review, 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 Yingkou Guangming Pipeline Industry Co., Ltd. (Yingkou
Guangming), the sole mandatory respondent in this review and an
exporter of forged steel fittings from People's Republic of China
(China), has not established its eligibility for a separate rate, and
is therefore part of the China-wide entity. Commerce also preliminarily
determines that Jiangsu Forged Pipe Fittings Co., Ltd. (Jiangsu Forged)
is also not eligible for a separate rate and is thus part of the China-
wide entity. Further, Commerce is rescinding the administrative review
with respect to Qingdao Bestflow Industrial Co., Ltd. (Qingdao
Bestflow) and Xin Yi
[[Page 65861]]
International Trade Co. Ltd. (Xin Yi). Interested parties are invited
to comment on these preliminary results.
DATES: Applicable August 13, 2024.
FOR FURTHER INFORMATION CONTACT: Hannah Lee or Robert Palmer, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1216 and (202) 482-9068,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2023, Commerce published the notice of initiation
of this administrative review, covering four companies.\1\ On March 27,
2024, Commerce selected Yingkou Guangming as a mandatory respondent, as
it was the only remaining company under review that submitted a
separate rate application (SRA) or a separate rate certification
(SRC).\2\ On March 29, 2024, Commerce issued Yingkou Guangming the
standard non-market economy (NME) antidumping duty questionnaire.\3\ On
April 19, 2024, Yingkou Guangming notified Commerce of its intent not
to participate in this administrative review.\4\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\5\ The deadline for the preliminary results is now August
8, 2024.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation
Notice).
\2\ See Memorandum, ``Respondent Selection,'' dated March 27,
2024; see also Initiation Notice, 88 FR at 90168, 90170 (``Exporters
and producers must file a timely Separate Rate Application or
Certification if they want to be considered for individual
examination.'').
\3\ See Commerce's Letter, ``Request for Information,'' dated
March 29, 2024 (NME Questionnaire).
\4\ See Yingkou Guangming's Letter, ``Yingkou Notice of Intent
Not to Participate,'' dated April 19, 2024 (Intent Not to
Participate).
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\6\ A list of the topics included in the Preliminary
Decision Memorandum is included in Appendix I to this notice. The
Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Forged
Steel Fittings from the People's Republic of China; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order 7
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\7\ See Forged Steel Fittings from Italy and the People's
Republic of China: Antidumping Duty Orders, 83 FR 60397 (November
26, 2018) (Order).
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The merchandise covered by the Order is carbon and alloy forged
steel fittings, whether unfinished (commonly known as blanks or rough
forgings) or finished. 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 and specifications 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 Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
January 8, 2024, Bonney Forge Corporation (the petitioner), withdrew
its request for review for Qingdao Bestflow and Xin Yi.\8\ No other
party requested a review of these exporters. Therefore, Commerce is
rescinding this review with respect to Qingdao Bestflow and Xin Yi,
pursuant to 19 CFR 351.213(d)(1).
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\8\ See Petitioner's Letter, ``Withdrawal of Requests for
Administrative Reviews,'' dated January 24, 2024.
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Separate Rates
Commerce preliminarily finds that Jiangsu Forged did not establish
its eligibility for a separate rate because it failed to provide an SRA
or SRC. Commerce also preliminarily finds that Yingkou Guangming did
not establish its eligibility for a separate rate. While Yingkou
Guangming submitted an SRA, it did not respond to the antidumping duty
questionnaire.\9\ As stated in the Initiation Notice, companies that
submit an SRA or SRC which are subsequently selected as mandatory
respondents must respond to all parts of Commerce's questionnaire in
order to be eligible for separate-rate status.\10\ As such, we
preliminarily determine that Jiangsu Forged and Yingkou Guangming are
part of the China-wide entity. For additional information, see the
Preliminary Decision Memorandum.
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\9\ See Intent Not to Participate.
\10\ See Initiation Notice, 88 FR at 90169-70.
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The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\11\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests and Commerce initiates, or Commerce self-
initiates, a review of the China-wide entity.\12\ Because no party
requested a review of the China-wide entity and Commerce did not self-
initiate a review of the China-wide entity for this review period, the
China-wide entity is not under review and the China-wide entity's rate
(i.e., 142.72 percent) is not subject to change.\13\ For additional
information, see the Preliminary Decision Memorandum.
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\11\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\12\ Id.
\13\ See Order, 83 FR at 60397.
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Disclosure and Public Comment
Normally, Commerce discloses to interested parties the calculations
performed in 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 the notice of preliminary results in the
Federal Register, in accordance with 19 CFR 351.224(b). However, as we
have determined all companies under review, and not rescinded herein,
to be part of the China-wide entity, and there were no calculations
performed for the
[[Page 65862]]
mandatory respondent, there are no calculations to disclose.
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit a
case brief no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\14\ 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.\15\
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\14\ 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 Final Service Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\16\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in any briefs, within 120 days
of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review.
Upon issuance of the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\18\ 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. 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).
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\18\ See 19 CFR 351.212(b)(1).
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If we continue to find in the final results that Jiangsu Forged and
Yingkou Guangming are ineligible for a separate rate and are,
therefore, considered part of the China-wide entity, we will instruct
CBP to apply an antidumping duty assessment rate of 142.72 percent
(i.e., the rate for the China-wide entity) to all entries of subject
merchandise during the POR which were exported by those companies.
For Qingdao Bestflow and Xin Yi, for which Commerce is rescinding
this administrative review, antidumping duties shall be assessed at
rates equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue appropriate assessment instructions to CBP no earlier
than 35 days after the date of publication of this notice (see Appendix
III).
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 for by section
751(a)(2)(C) of the Act: (1) for previously investigated or reviewed
Chinese and non-Chinese exporters for which a review was not requested
and that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (2) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate for the China-wide entity (i.e.,
142.72 percent); and (3) for all non-Chinese exporters of subject
merchandise that have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. 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)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
VI. Recommendation
Appendix II
Companies Preliminarily Not Eligible for a Separate Rate and Treated as
Part of the China-Wide Entity
1. Jiangsu Forged Pipe Fittings Co., Ltd.
2. Yingkou Guangming Pipeline Industry Co., Ltd.
[[Page 65863]]
Appendix III
Companies Rescinded from Review
1. Qingdao Bestflow Industrial Co., Ltd.
2. Xin Yi International Trade Co. Ltd.
[FR Doc. 2024-18001 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P