Certain Epoxy Resins From the People's Republic of China: Postponement of Final Determination in the Less Than Fair Value Investigation, 94709-94710 [2024-28021]
Download as PDF
Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Notices
see the Issues and Decision
Memorandum.
Disclosure
Analysis of Comments Received
All issues raised by the interested
parties in their case briefs are addressed
in the Issues and Decision
Memorandum. The topics discussed and
the issues raised by parties to which we
responded in the Issues and Decision
Memorandum are listed 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
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the
comments received from interested
parties, we made changes to the net
countervailable subsidy rates for
Sgambaro SpA. (Sgambaro). For a
discussion of these changes, see the
Issues and Decision Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Act. For
each of the subsidy programs found to
be countervailable, we find that there is
a subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.4 For a complete
description of the methodology
underlying all of Commerce’s
conclusions, including our reliance, in
part, on facts otherwise available,
including adverse facts available,
pursuant to sections 776(a) and (b) of
the Act, see the Issues and Decision
Memorandum.
khammond on DSK9W7S144PROD with NOTICES
Pastificio Gentile S.r.l ...........
Sgambaro SpA .....................
21:22 Nov 27, 2024
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has
determined, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries of subject merchandise covered
by this review. Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after 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
Jkt 265001
Notification to Interested Parties
The final results are issued and
published in accordance with sections
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Frm 00009
Fmt 4703
Sfmt 4703
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: November 21, 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. Subsidies Valuation
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Analysis of Program
VII. Discussion of Issues
Comment 1: Whether Commerce Erred in
the Sales Denominator Used when
Calculating Subsidy Rates for Sgambaro
Comment 2: Whether Commerce Erred in
Finding the Preferential Financing for
Export Law 394/81 to be Export
Contingent
Comment 3: Whether Commerce Erred in
its Calculations for the Sabatini Law
Program
Comment 4: Whether the IRAP Program Is
Countervailable
VIII. Recommendation
[FR Doc. 2024–27882 Filed 11–27–24; 8:45 am]
In accordance with section 751(a)(1)
and (a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown for the
companies listed above for shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of these final results of this
administrative review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, effective upon
publication of these final results, shall
remain in effect until further notice.
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
Subsidy rate
written notification of the return or
(percent ad
destruction of APO materials or
valorem)
conversion to judicial protective order,
0.94 is hereby requested. Failure to comply
2.29 with the regulations and terms of an
APO is a sanctionable violation.
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
VerDate Sep<11>2014
Assessment Rates
Administrative Protective Order (APO)
Final Results of the Administrative
Review
Commerce determines that the
following net countervailable subsidy
rates exist for the period January 1,
2022, through December 31, 2022:
Producer/exporter
Commerce intends to disclose
calculations and analysis performed for
these final results of review within five
days after the date of publication of this
notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
94709
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–166]
Certain Epoxy Resins From the
People’s Republic of China:
Postponement of Final Determination
in the Less Than Fair Value
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is postponing
the deadline for issuing the final
determination in the less-than-fair-value
(LTFV) investigation of certain epoxy
resins (epoxy resins) from the People’s
Republic of China (China) until March
28, 2025, and is extending the
provisional measures from a four-month
period to a period of not more than six
months.
DATES: Applicable November 29, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6312.
SUPPLEMENTARY INFORMATION:
AGENCY:
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94710
Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Notices
Background
On April 23, 2024, Commerce
initiated an LTFV investigation of
imports of epoxy resins from China.1
The period of investigation is October 1,
2023, through March 31, 2024. On
November 13, 2024, Commerce
published its Preliminary Determination
of sales at LTFV of epoxy resins from
China.2
Postponement of Final Determination
khammond on DSK9W7S144PROD with NOTICES
Section 735(a)(2) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(b)(2) provide that a final
determination may be postponed until
not later than 135 days after the date of
the publication of the preliminary
determination if, in the event of an
affirmative preliminary determination, a
request for such postponement is made
by the exporters or producers who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Further, 19 CFR
351.210(e)(2) requires that such
postponement requests by exporters be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period of not more
than six months, in accordance with
section 733(d) of the Act.
On November 18, 2024, Huntsman
Advanced Materials (Guangdong)
Company Ltd. (Huntsman), the
mandatory respondent in this
investigation, requested that Commerce
postpone the deadline for the final
determination until no later than 135
days from the publication of the
Preliminary Determination, and extend
the application of the provisional
measures from a four-month period to a
period of not more than six months.3
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the
Preliminary Determination was
affirmative; (2) the request was made by
an exporter or producer who accounts
for a significant proportion of exports of
the subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
1 See Certain Epoxy Resins from the People’s
Republic of China, India, the Republic of Korea,
Taiwan, and Thailand: Initiation of Less-Than-FairValue Investigations, 89 FR 33324 (April 29, 2024).
2 See Certain Epoxy Resins from the People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and
Preliminary Affirmative Determination of Critical
Circumstances, 89 FR 89594 (November 13, 2024)
(Preliminary Determination).
3 See Huntsman’s Letter, ‘‘Request to Postpone
Final Determination,’’ dated November 18, 2024.
VerDate Sep<11>2014
21:22 Nov 27, 2024
Jkt 265001
determination until no later than 135
days after the date of the publication of
the Preliminary Determination, and
extending the provisional measures
from a four-month period to a period of
not more than six months. Accordingly,
Commerce will issue its final
determination no later than March 28,
2025.
Notification to Interested Parties
This notice is issued and published
pursuant to section 735(a)(2) of the Act
and 19 CFR 351.210(g).
Dated: November 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–28021 Filed 11–27–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE494]
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands Management Area;
Cost Recovery Fee Notice for the
Western Alaska Community
Development Quota and Trawl Limited
Access Privilege Programs
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of standard prices and
fee percentage.
AGENCY:
NMFS publishes standard
prices and fee percentages for cost
recovery for the Amendment 80
Program, the American Fisheries Act
(AFA) Program, the Aleutian Islands
Pollock (AIP) Program, and the Western
Alaska Community Development Quota
(CDQ) Program in the Bering Sea
Aleutian Islands (BSAI) management
area. The fee percentages for 2024 are
1.86 percent for the Amendment 80
Program, 0.24 percent for the AFA
inshore cooperatives, 0 percent for the
AIP program, and 1.38 percent for the
CDQ Program. This notice is intended to
provide the 2024 standard prices and
fee percentages to calculate the required
payment for cost recovery fees due by
December 31, 2024.
DATES: The standard prices and fee
percentages are valid on November 29,
2024.
FOR FURTHER INFORMATION CONTACT:
Charmaine Weeks, Fee Coordinator,
907–586–7231.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Background
Section 304(d) of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) authorizes and requires that NMFS
collect cost recovery fees for limited
access privilege programs and the CDQ
Program. Cost recovery fees include
NMFS’ actual costs directly related to its
management, data collection, and
enforcement of the programs. Section
304(d) of the Magnuson-Stevens Act
mandates that cost recovery fees not
exceed 3 percent of the annual ex-vessel
value of fish harvested under any
program subject to a cost recovery fee
and that the fee be collected either at the
time of landing, filing of a landing
report, or sale of such fish during a
fishing season or in the last quarter of
the calendar year in which the fish is
harvested.
NMFS manages the Amendment 80
Program, AFA Program, and AIP
Program as limited access privilege
programs. On January 5, 2016, NMFS
published a final rule to implement cost
recovery for these three limited access
privilege programs and the CDQ
program (81 FR 150). The designated
representative (for the purposes of cost
recovery) for each program is
responsible for submitting the fee
payment to NMFS on or before
December 31 of the year in which the
landings were made. The total dollar
amount of the fee due is determined by
multiplying the NMFS published fee
percentage by the ex-vessel value of all
landings under the program made
during the fishing year. NMFS publishes
this notice of the fee percentages for the
Amendment 80, AFA, AIP, and CDQ
programs in the Federal Register by
December 1 each year.
Standard Prices
The fee liability is based on the exvessel value of fish harvested in each
program. For purposes of calculating
cost recovery fees, NMFS uses a
standard ex-vessel price (standard price)
for each species. A standard price is
determined using information on
landings purchased (volume) and exvessel value paid (value). For most
groundfish species, NMFS annually
summarizes volume and value
information for landings of all fishery
species subject to cost recovery to
estimate a standard price for each
species. The standard prices are
described in U.S. dollars per pound for
landings made during the year. The
standard prices for all species in the
Amendment 80, AFA, AIP, and CDQ
programs are provided in Table 1. Each
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Agencies
[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94709-94710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28021]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-166]
Certain Epoxy Resins From the People's Republic of China:
Postponement of Final Determination in the Less Than Fair Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is postponing the
deadline for issuing the final determination in the less-than-fair-
value (LTFV) investigation of certain epoxy resins (epoxy resins) from
the People's Republic of China (China) until March 28, 2025, and is
extending the provisional measures from a four-month period to a period
of not more than six months.
DATES: Applicable November 29, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6312.
SUPPLEMENTARY INFORMATION:
[[Page 94710]]
Background
On April 23, 2024, Commerce initiated an LTFV investigation of
imports of epoxy resins from China.\1\ The period of investigation is
October 1, 2023, through March 31, 2024. On November 13, 2024, Commerce
published its Preliminary Determination of sales at LTFV of epoxy
resins from China.\2\
---------------------------------------------------------------------------
\1\ See Certain Epoxy Resins from the People's Republic of
China, India, the Republic of Korea, Taiwan, and Thailand:
Initiation of Less-Than-Fair-Value Investigations, 89 FR 33324
(April 29, 2024).
\2\ See Certain Epoxy Resins from the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than
Fair Value and Preliminary Affirmative Determination of Critical
Circumstances, 89 FR 89594 (November 13, 2024) (Preliminary
Determination).
---------------------------------------------------------------------------
Postponement of Final Determination
Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.210(b)(2) provide that a final determination may be
postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by the exporters or producers who account for a significant
proportion of exports of the subject merchandise, or in the event of a
negative preliminary determination, a request for such postponement is
made by the petitioners. Further, 19 CFR 351.210(e)(2) requires that
such postponement requests by exporters be accompanied by a request for
extension of provisional measures from a four-month period to a period
of not more than six months, in accordance with section 733(d) of the
Act.
On November 18, 2024, Huntsman Advanced Materials (Guangdong)
Company Ltd. (Huntsman), the mandatory respondent in this
investigation, requested that Commerce postpone the deadline for the
final determination until no later than 135 days from the publication
of the Preliminary Determination, and extend the application of the
provisional measures from a four-month period to a period of not more
than six months.\3\
---------------------------------------------------------------------------
\3\ See Huntsman's Letter, ``Request to Postpone Final
Determination,'' dated November 18, 2024.
---------------------------------------------------------------------------
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the Preliminary Determination was
affirmative; (2) the request was made by an exporter or producer who
accounts for a significant proportion of exports of the subject
merchandise; and (3) no compelling reasons for denial exist, Commerce
is postponing the final determination until no later than 135 days
after the date of the publication of the Preliminary Determination, and
extending the provisional measures from a four-month period to a period
of not more than six months. Accordingly, Commerce will issue its final
determination no later than March 28, 2025.
Notification to Interested Parties
This notice is issued and published pursuant to section 735(a)(2)
of the Act and 19 CFR 351.210(g).
Dated: November 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-28021 Filed 11-27-24; 8:45 am]
BILLING CODE 3510-DS-P