Persulfates From the People's Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order, 88724-88725 [2024-26024]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 88724 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices by BIS pursuant to section 764.3(a)(2) of the Regulations; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from Rossiya of any item subject to the EAR that has been exported from the United States except directly related to safety of flight and authorized by BIS pursuant to section 764.3(a)(2) of the Regulations; D. Obtain from Rossiya in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States except directly related to safety of flight and authorized by BIS pursuant to section 764.3(a)(2) of the Regulations; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by Rossiya, or service any item, of whatever origin, that is owned, possessed or controlled by Rossiya if such service involves the use of any item subject to the EAR that has been or will be exported from the United States except directly related to safety of flight and authorized by BIS pursuant to section 764.3(a)(2) of the Regulations. For purposes of this paragraph, servicing means installation, maintenance, repair, modification, or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to Rossiya by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order. In accordance with the provisions of sections 766.24(e) of the EAR, Rossiya may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Rossiya as provided in section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be provided to Rossiya and shall be published in the Federal Register. VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 This Order is effective immediately and shall remain in effect for one year. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2024–25983 Filed 11–7–24; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–847] Persulfates From the People’s Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited fifth sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on persulfates from the People’s Republic of China (China) would likely lead to continuation or recurrence of dumping at the level indicated in the ‘‘Final Results of Expedited Sunset Review’’ section of this notice. DATES: Applicable November 8, 2024. FOR FURTHER INFORMATION CONTACT: Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5193. SUPPLEMENTARY INFORMATION: AGENCY: Background After Commerce initiated this sunset review 1 of the Order,2 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), Evonik Corporation (Evonik), a domestic interested party, timely submitted a complete notice of intent to participate in,3 and an adequate substantive response regarding, the sunset review.4 Evonik claimed interested party status 1 See Initiation of Five-Year (Sunset) Reviews, 89 FR 54435 (July 1, 2024). 2 See Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Persulfates from the People’s Republic of China, 62 FR 36259 (July 7, 1997), as amended by Notice of Amended Antidumping Duty Order: Persulfates from the People’s Republic of China, 62 FR 39212 (July 22, 1997) (collectively, Order). 3 See Evonik’s Letter, ‘‘Notice of Intent to Participate,’’ dated July 10, 2024 (Domestic Interested Party Intent to Participate). 4 See Evonik’s Letter, ‘‘Domestic Industry’s Substantive Response,’’ dated July 26, 2024. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 under section 771(9)(C) of the Act as a producer of the domestic like product in the United States.5 Commerce did not receive a substantive response from any respondent interested party, nor was a hearing requested. Consequently, on August 21, 2024, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from any respondent interested parties.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.7 The deadline for the final results of this expedited sunset review is now November 5, 2024. Scope of the Order The merchandise subject to the Order is persulfates from China. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.8 Analysis of Comments Received A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margin likely to prevail if the Order were to be revoked, is provided in the accompanying Issues and Decision Memorandum.9 A list of the sections in the Issues and Decision Memorandum is in the appendix 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 5 See Domestic Interested Party Intent to Participate. 6 See Commerce’s Letter, ‘‘Sunset Reviews for July 2024,’’ dated August 21, 2024; see also 19 CFR 351.218(3)(1)(ii)(C)(1). 7 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ inadvertently dated June 22, 2024, rather than July 22, 2024. 8 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order on Persulfates from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 9 Id. E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. DEPARTMENT OF COMMERCE International Trade Administration Final Results of Expedited Sunset Review [A–560–838] Pursuant to sections 751(c)(1), and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail are up to 119.02 percent. Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely notification of the return or destruction of APO materials or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing, and publishing notice of, the results of this sunset review in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 351.221(c)(5)(ii). Dated: November 4, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum ddrumheller on DSK120RN23PROD with NOTICES1 I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins of Dumping Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2024–26024 Filed 11–7–24; 8:45 am] BILLING CODE 3510–DS–P Polyester Textured Yarn From Indonesia: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 11, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in PT. Asia Pacific Fibers Tbk. v. United States and Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, Court no. 22– 00007, sustaining the U.S. Department of Commerce’s (Commerce) remand determination pertaining to the lessthan-fair-value (LTFV) investigation on Polyester Textured Yarn from Indonesia covering the period October 1, 2019, through September 30, 2020. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final determination in the investigation, and Commerce is amending the final determination and the resulting AD order with respect to the dumping margins assigned to PT. Asia Pacific Fibers Tbk (Asia Pacific) and all other producers and exporters of subject merchandise. DATES: Applicable October 21, 2024. FOR FURTHER INFORMATION CONTACT: Peter Shaw, 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) 482–0697. SUPPLEMENTARY INFORMATION: AGENCY: 17:38 Nov 07, 2024 Jkt 265001 AD order on polyester textured yarn from Indonesia.2 Asia Pacific appealed Commerce’s Final Determination. On December 12, 2023, the CIT remanded the Final Determination.3 Specifically, the CIT remanded to Commerce to prepare a verification report and to provide Asia Pacific a reasonable opportunity to place information on the record addressing any deficiencies found by Commerce in the respondent’s verification questionnaire responses and all parties the opportunity to file case briefs.4 In its final remand redetermination, issued August 8, 2024, Commerce reconsidered its Final Determination, determining that AFA was no longer warranted for Asia Pacific and recalculated the estimated weightedaverage dumping margin for Asia Pacific.5 The CIT sustained Commerce’s final redetermination.6 Asia Pacific’s dumping margin is now 9.20 percent. Consequently, the dumping margin applicable to all other companies has changed and is now 8.72 percent. Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s October 11, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Determination and Order. Thus, this notice is published in fulfillment of the publication requirements of Timken. Background On October 25, 2021, Commerce published its Final Determination in the LTFV investigation of Polyester Textured Yarn from Indonesia.1 Commerce concluded that Asia Pacific failed to cooperate to the best of its ability and thus determined the use of an adverse inference in selecting from among the facts available (AFA) was warranted in determining the rate for Asia Pacific. Commerce subsequently published in the Federal Register the 1 See Polyester Textured Yarn from Indonesia: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 58875 (October 25, 2021) (Final Determination), and accompanying Issues and Decision Memorandum. VerDate Sep<11>2014 88725 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 2 See Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 86 FR 71031 (December 14, 2021) (Order). 3 See PT. Asia Pac. Fibers TBK v. United States, 673 F. Supp. 3d 1320 (CIT 2023). 4 Id., 673 F. Supp. 3d at 1333. 5 See Final Results of Redetermination Pursuant to Court Remand, PT. Asia Pacific Fibers TBK v. United States, 673 F. Supp. 3d 1320 (CIT 2023), dated August 8, 2024 (Final Remand), at 6, available at https://access.trade.gov/public/ FinalRemandRedetermination.aspx. 6 See PT. Asia Pac. Fibers TBK v. United States, No. 22–00007, Slip Op. 24–113 (CIT October 11, 2024). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88724-88725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26024]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-847]


Persulfates From the People's Republic of China: Final Results of 
the Expedited Fifth Sunset Review of the Antidumping Duty Order

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

SUMMARY: As a result of this expedited fifth sunset review, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty (AD) order on persulfates from the People's Republic 
of China (China) would likely lead to continuation or recurrence of 
dumping at the level indicated in the ``Final Results of Expedited 
Sunset Review'' section of this notice.

DATES: Applicable November 8, 2024.

FOR FURTHER INFORMATION CONTACT: Howard Smith, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5193.

SUPPLEMENTARY INFORMATION:

Background

    After Commerce initiated this sunset review \1\ of the Order,\2\ 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act), Evonik Corporation (Evonik), a domestic interested party, timely 
submitted a complete notice of intent to participate in,\3\ and an 
adequate substantive response regarding, the sunset review.\4\ Evonik 
claimed interested party status under section 771(9)(C) of the Act as a 
producer of the domestic like product in the United States.\5\ Commerce 
did not receive a substantive response from any respondent interested 
party, nor was a hearing requested. Consequently, on August 21, 2024, 
Commerce notified the U.S. International Trade Commission that it did 
not receive an adequate substantive response from any respondent 
interested parties.\6\ As a result, pursuant to section 751(c)(3)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an 
expedited (120-day) sunset review of the Order. On July 22, 2024, 
Commerce tolled certain deadlines in this administrative proceeding by 
seven days.\7\ The deadline for the final results of this expedited 
sunset review is now November 5, 2024.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 54435 
(July 1, 2024).
    \2\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less Than Fair Value: Persulfates from the 
People's Republic of China, 62 FR 36259 (July 7, 1997), as amended 
by Notice of Amended Antidumping Duty Order: Persulfates from the 
People's Republic of China, 62 FR 39212 (July 22, 1997) 
(collectively, Order).
    \3\ See Evonik's Letter, ``Notice of Intent to Participate,'' 
dated July 10, 2024 (Domestic Interested Party Intent to 
Participate).
    \4\ See Evonik's Letter, ``Domestic Industry's Substantive 
Response,'' dated July 26, 2024.
    \5\ See Domestic Interested Party Intent to Participate.
    \6\ See Commerce's Letter, ``Sunset Reviews for July 2024,'' 
dated August 21, 2024; see also 19 CFR 351.218(3)(1)(ii)(C)(1).
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' inadvertently dated June 22, 
2024, rather than July 22, 2024.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is persulfates from China. For 
a complete description of the scope of the Order, see the Issues and 
Decision Memorandum.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Fifth Sunset Review of the 
Antidumping Duty Order on Persulfates from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of dumping and 
the magnitude of the dumping margin likely to prevail if the Order were 
to be revoked, is provided in the accompanying Issues and Decision 
Memorandum.\9\ A list of the sections in the Issues and Decision 
Memorandum is in the appendix 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

[[Page 88725]]

directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

Final Results of Expedited Sunset Review

    Pursuant to sections 751(c)(1), and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would likely lead to 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail are up to 119.02 percent.

Administrative Protective Order (APO)

    This notice serves as the only reminder to parties subject to APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a). Timely notification of the return or destruction of APO 
materials or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing, and publishing notice of, the results of this 
sunset review in accordance with sections 751(c), 752(c), and 777(i)(1) 
of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 351.221(c)(5)(ii).

    Dated: November 4, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2024-26024 Filed 11-7-24; 8:45 am]
BILLING CODE 3510-DS-P

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