Low Melt Polyester Staple Fiber From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 79897-79899 [2024-22521]
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79897
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices
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.
FOR FURTHER INFORMATION CONTACT:
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: September 20, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024–22493 Filed 9–30–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–895]
Low Melt Polyester Staple Fiber From
the Republic of Korea: Preliminary
Results of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that the sole producer/
exporter subject to this administrative
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
August 1, 2022, through July 31, 2023.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 1, 2024.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
14 Id.
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17:42 Sep 30, 2024
Jkt 265001
Andrew Hart, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1058,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2018, Commerce
published in the Federal Register the
antidumping duty order on low melt
polyester staple fiber (low melt PSF)
from the Republic of Korea (Korea).1 On
October 18, 2023, based on a timely
request for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review on low melt PSF
from Korea.2 The review covers one
producer/exporter of the subject
merchandise, Toray Advanced Materials
Korea, Inc. (TAK).
On April 8, 2024, Commerce extended
the deadline for the preliminary results
of this administrative review until
August 30, 2024.3 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.4 The deadline for the preliminary
results is now September 6, 2024. For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.5
Scope of the Order
The merchandise subject to the Order
is synthetic staple fibers, not carded or
combed, specifically bi-component
polyester fibers having a polyester fiber
component that melts at a lower
temperature than the other polyester
fiber component. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
1 See Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Antidumping Duty
Orders, 83 FR 40752 (August 16, 2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 18, 2023).
3 See Memorandum, ‘‘Extension of the Deadline
for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated April 8, 2024.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Low
Melt Polyester Staple Fiber from the Republic of
Korea; 2022–2023,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Sfmt 4703
and (2) of the Tariff Act of 1930, as
amended (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 our
conclusions, see the Preliminary
Decision Memorandum. A list of the
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 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.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
following estimated weighted-average
dumping margin exists for the period
August 1, 2022, through July 31, 2023:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Toray Advanced Materials
Korea, Inc ................................
2.46
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).
Interested parties may submit case
briefs or other written comments to
Commerce no later than 30 days after
the date of publication of this notice.6
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the time limit for
filing case briefs.7 Parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a statement
6 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
7 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 Final Rule).
E:\FR\FM\01OCN1.SGM
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79898
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.8
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.9 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, no
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this administrative
review. We request that interested
parties include footnotes for relevant
citations in the public executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Acting Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically via ACCESS. Hearing
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
issues raised in the respective case
briefs. If a request for a hearing is made,
Commerce intends to hold the hearing
at a date and time to be determined and
will notify the parties through
ACCESS.11 Parties should confirm the
date, time, and location of the hearing
two days before the scheduled date.
All submissions, including case and
rebuttal briefs, as well as hearing
requests, should be filed using ACCESS.
An electronically-filed document must
be received successfully in its entirety
by ACCESS by 5:00 p.m. Eastern Time
on the established deadline.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, upon completion of the final
results, Commerce shall determine, and
U.S. Customs and Border Protection
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.
10 See APO and Service Final Rule.
11 See 19 CFR 351.310(d).
8
9 We
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17:42 Sep 30, 2024
Jkt 265001
(CBP) shall assess, antidumping duties
on all appropriate entries.12 Pursuant to
19 CFR 351.212(b)(1), if TAK’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent) in the final results of this
review, we will calculate importerspecific ad valorem assessment rates
based on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those same sales.13 If the
respondent has not reported entered
values, we will calculate a per-unit
assessment rate for each importer by
dividing the total amount of dumping
calculated for the examined sales made
to that importer by the total quantity
associated with those transactions. If
TAK’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate entries without regard to
antidumping duties.14 The final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.15
For entries of subject merchandise
during the POR produced by TAK for
which it did not know that the
merchandise was destined for the
United States, we intend to instruct CBP
to liquidate unreviewed entries at the
all-others rate established in the original
less-than-fair-value (LTFV) investigation
(i.e., 16.27 percent) 16 if there is no rate
for the intermediate company(ies)
involved in the transaction.17
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).
See 19 CFR 351.212(b).
See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
14 Id. 77 FR at 8102.
15 See section 751(a)(2)(C) of the Act.
16 See Order.
17 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
12
13
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Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the company listed
above will be equal to the weightedaverage dumping margin established in
the final results of this 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 previously reviewed or
investigated companies not
participating in this review, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or the LTFV investigation, but the
producer is, then the cash deposit rate
will be the cash deposit rate established
in the completed segment for the most
recent period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 16.27 percent, the
all-others rate established in the LTFV
investigation.18 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless the deadline is otherwise
extended, Commerce intends to issue
the final results of this administrative
review, including the results of its
analysis of issues raised by interested
parties in the written comments, within
120 days of publication of these
preliminary results in the Federal
Register.19
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
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.
See Order.
See section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h).
18
19
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Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–22521 Filed 9–30–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2024–0047]
Grant of Interim Extension of the Term
of U.S. Patent No. 7,199,162—
GRAFAPEXTM (Treosulfan)
United States Patent and
Trademark Office, Commerce.
ACTION: Notice of interim patent term
extension.
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Charles Kim,
Deputy Commissioner for Patents, United
States Patent and Trademark Office.
[FR Doc. 2024–22480 Filed 9–30–24; 8:45 am]
The United States Patent and
Trademark Office has issued a
certificate for a one-year interim
extension of the term of U.S. Patent No.
7,199,162.
FOR FURTHER INFORMATION CONTACT:
Kathleen Kahler Fonda, Senior Legal
Advisor (telephone (571) 272–7754;
email kathleen.fonda@uspto.gov).
Alternatively, mail may be addressed to
Commissioner for Patents, Mail Stop
Hatch-Waxman PTE, P.O. Box 1450,
Alexandria, VA 22313–1450, and
marked to the attention of Ms. Fonda.
SUPPLEMENTARY INFORMATION: Section
156 of title 35, United States Code,
generally provides that the term of a
patent may be extended for a period of
up to five years if the patent claims a
product, or a method of making or using
a product, that has been subject to
certain defined regulatory review, and
that the patent may be extended for
interim periods of up to one year if the
regulatory review is anticipated to
extend beyond the expiration date of the
patent.
On August 20, 2024, Medac
Gesellschaft für Klinische
Spezialpräparate mbH, the patent owner
of record, timely filed an application
SUMMARY:
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17:42 Sep 30, 2024
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under 35 U.S.C. 156(d)(5) for a fourth
interim extension of the term of U.S.
Patent No. 7,199,162. The patent claims
a method of using the human drug
product GRAFAPEXTM (treosulfan). The
application for patent term extension
indicates that New Drug Application
214759 was submitted to the Food and
Drug Administration on August 11,
2020, and its review in order for the
patent owner to obtain permission to
market and use the product
commercially is ongoing.
Review of the patent term extension
application indicates that, except for
permission to market or use the product
commercially, the subject patent would
be eligible for an extension of the patent
term under 35 U.S.C. 156, and that the
patent should be extended for one year
as required by 35 U.S.C. 156(d)(5)(B).
Because the regulatory review period
will continue beyond the thriceextended expiration date of the patent,
October 12, 2024, interim extension of
the patent term under 35 U.S.C.
156(d)(5) is appropriate.
A fourth interim extension under 35
U.S.C. 156(d)(5) of the term of U.S.
Patent No. 7,199,162 is granted for a
period of one year from the thriceextended expiration date of the patent.
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO–P–2024–0051]
Extension and Termination of the After
Final Consideration Pilot Program 2.0
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice.
AGENCY:
On April 3, 2024, the United
States Patent and Trademark Office
(USPTO), when setting and adjusting
patent fees for fiscal year 2025,
proposed a new fee to recuperate costs
affiliated with the submission of a
request for consideration under the
After Final Consideration Pilot Program
2.0 (AFCP 2.0). Commenters on the
proposal expressed concerns about the
AFCP 2.0 and the proposed fee. In view
of these comments, the USPTO has
decided to allow AFCP 2.0 to expire.
While the program currently runs
through September 30, 2024, to
accommodate those who may be in the
SUMMARY:
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79899
process of preparing to use the program,
the USPTO will provide a short
extension of the expiration of the
program. The USPTO is setting
December 14, 2024, as the last day to
submit a request for participation under
the program.
DATES: The USPTO will not accept
requests for consideration under the
AFCP 2.0 filed after December 14, 2024.
FOR FURTHER INFORMATION CONTACT: Kery
Fries, Senior Legal Advisor, at 571–272–
7757; or Raul Tamayo, Senior Legal
Advisor, at 571–272–7728, both with
the Office of Patent Legal
Administration, Office of the Deputy
Commissioner for Patents.
SUPPLEMENTARY INFORMATION: On May
19, 2013, the USPTO modified the After
Final Consideration Pilot Program
(AFCP) to create the AFCP 2.0. The
three main differences between the
AFCP and the AFCP 2.0 are: (1) an
applicant must request to participate in
AFCP 2.0; (2) a response to an after final
rejection under AFCP 2.0 must include
a non-broadening amendment to at least
one independent claim; and (3) the
examiner will schedule an interview
with the applicant if the after-final
response did not result in a
determination by the examiner that all
pending claims in the application were
in condition for allowance.
The goal of the AFCP 2.0 was to
improve pendency by reducing the
number of Requests for Continued
Examination (RCE) and encourage
increased collaboration between the
applicant and the examiner to
effectively advance prosecution of the
application. The AFCP 2.0 does not
require any additional fees for an
applicant to request consideration of an
amendment after final rejection, but any
necessary existing fee, e.g., the fee for an
extension of time, is required. Initially,
the pilot program was scheduled to run
for approximately one year and was set
to end on September 30, 2014. The
USPTO notified the public that the
AFCP 2.0 may be extended (with or
without modifications) depending on
feedback from participants and based on
a determination of the effectiveness of
the pilot program. The USPTO
repeatedly extended the pilot program,
with the most recent extension set to
end on September 30, 2024.
Since 2016, applicants have filed
more than 60,000 AFCP 2.0 requests
annually. Due to the high usage of the
AFCP 2.0, costs to administer the
program are significant. A large part of
the AFCP 2.0’s high usage is due to
economic inefficiencies where
participants receive program benefits
without paying for the cost of the
E:\FR\FM\01OCN1.SGM
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Agencies
[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Notices]
[Pages 79897-79899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22521]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-895]
Low Melt Polyester Staple Fiber From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole producer/exporter subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR) August 1, 2022,
through July 31, 2023. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable October 1, 2024.
FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1058, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2018, Commerce published in the Federal Register the
antidumping duty order on low melt polyester staple fiber (low melt
PSF) from the Republic of Korea (Korea).\1\ On October 18, 2023, based
on a timely request for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review on low melt PSF
from Korea.\2\ The review covers one producer/exporter of the subject
merchandise, Toray Advanced Materials Korea, Inc. (TAK).
---------------------------------------------------------------------------
\1\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16,
2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023).
---------------------------------------------------------------------------
On April 8, 2024, Commerce extended the deadline for the
preliminary results of this administrative review until August 30,
2024.\3\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\4\ The deadline for the
preliminary results is now September 6, 2024. For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of the Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 8,
2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Low Melt Polyester Staple Fiber from the Republic of Korea; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is synthetic staple fibers,
not carded or combed, specifically bi-component polyester fibers having
a polyester fiber component that melts at a lower temperature than the
other polyester fiber component. For a complete description of the
scope of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (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 our conclusions, see the
Preliminary Decision Memorandum. A list of the 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
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.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following estimated weighted-average dumping margin exists for the
period August 1, 2022, through July 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Toray Advanced Materials Korea, Inc........................ 2.46
------------------------------------------------------------------------
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).
Interested parties may submit case briefs or other written comments
to Commerce no later than 30 days after the date of publication of this
notice.\6\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the time limit for
filing case briefs.\7\ Parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a statement
[[Page 79898]]
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\8\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\7\ 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 Final Rule).
\8\ 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.\9\ Further, we
request that interested parties limit their public executive summary of
each issue to no more than 450 words, no including citations. We intend
to use the public executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
public executive summary of each issue. Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\10\
---------------------------------------------------------------------------
\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Acting Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS. Hearing 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 issues raised in the respective case
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a date and time to be determined and will notify the
parties through ACCESS.\11\ Parties should confirm the date, time, and
location of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS. An electronically-filed
document must be received successfully in its entirety by ACCESS by
5:00 p.m. Eastern Time on the established deadline.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon completion of the
final results, Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries.\12\ Pursuant to 19 CFR 351.212(b)(1), if TAK's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, we will calculate
importer-specific ad valorem assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those same sales.\13\ If the respondent has
not reported entered values, we will calculate a per-unit assessment
rate for each importer by dividing the total amount of dumping
calculated for the examined sales made to that importer by the total
quantity associated with those transactions. If TAK's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate entries without regard to
antidumping duties.\14\ The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\15\
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\12\ See 19 CFR 351.212(b).
\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
\14\ Id. 77 FR at 8102.
\15\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by TAK
for which it did not know that the merchandise was destined for the
United States, we intend to instruct CBP to liquidate unreviewed
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation (i.e., 16.27 percent) \16\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\17\
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\16\ See Order.
\17\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following 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 company
listed above will be equal to the weighted-average dumping margin
established in the final results of this 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 previously reviewed or investigated companies not participating
in this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which the company was reviewed; (3) if the exporter is
not a firm covered in this review, a prior review, or the LTFV
investigation, but the producer is, then the cash deposit rate will be
the cash deposit rate established in the completed segment for the most
recent period for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
16.27 percent, the all-others rate established in the LTFV
investigation.\18\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\18\ See Order.
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register.\19\
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\19\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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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)(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.
[[Page 79899]]
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-22521 Filed 9-30-24; 8:45 am]
BILLING CODE 3510-DS-P