Initiation of Five-Year (Sunset) Reviews, 95181-95182 [2024-28262]

Download as PDF Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Notices interested parties for these final 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 final results in the Federal Register, in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to sections 751(a)(1) and (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 for the above-listed companies at the applicable ad valorem assessment rates. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the 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 statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties for each of the companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. 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 instructions, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order ddrumheller on DSK120RN23PROD with NOTICES1 This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written 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 sanctionable violation. Notification to Interested Parties Commerce is issuing the final results and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: November 22, 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 Information V. Analysis of Programs VI. Changes Since the Preliminary Results VII. Discussion of the Issues Comment 1: Whether Commerce Should Apply Adverse Facts Available (AFA) to Kumar Comment 2: Whether Kumar Violated 18 U.S.C. 1001 VIII. Recommendation International Trade Administration Initiation of Review BILLING CODE 3510–DS–P Initiation of Five-Year (Sunset) Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Country A–570–097 ............ A–533–885 ............ C–570–098 ............ 731–TA–1429 ........ 731–TA–1430 ........ 701–TA–612 .......... China ..................... India ....................... China ..................... C–533–886 ............ 701–TA–613 .......... India ....................... VerDate Sep<11>2014 18:25 Nov 29, 2024 Jkt 265001 Background DEPARTMENT OF COMMERCE [FR Doc. 2024–28150 Filed 11–29–24; 8:45 am] ITC case No. As a courtesy, we are making information related to sunset proceedings, including copies of the In accordance with the Tariff Act of 1930, as amended (the Act), the U.S. Department of Commerce (Commerce) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) and suspended investigation(s) listed below. The U.S. International Trade Commission (ITC) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s) and suspended investigation(s). DATES: Applicable December 2, 2024. FOR FURTHER INFORMATION CONTACT: Commerce official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For information from the ITC, contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: SUMMARY: Commerce’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to Commerce’s conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). DOC case No. Filing Information 95181 Product Polyester Textured Yarn Polyester Textured Yarn Polyester Textured Yarn Kolberg (1st Review). Polyester Textured Yarn pertinent statute and Commerce’s regulations, Commerce’s schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the PO 00000 Frm 00014 In accordance with section 751(c) of the Act and 19 CFR 351.218(c), we are initiating the Sunset Reviews of the following antidumping and countervailing duty order(s) and suspended investigation(s): Fmt 4703 Sfmt 4703 Commerce contact (1st Review) (1st Review) Mary Mary Kolberg, (202) 482–1785. Mary Kolberg, (202) 482–1785. Mary Kolberg, (202) 482–1785. (1st Review) Mary Kolberg, (202) 482–1785. public on Commerce’s website at the following address: https://enforcement. trade.gov/sunset/. All submissions in these Sunset Reviews must be filed in accordance with Commerce’s E:\FR\FM\02DEN1.SGM 02DEN1 95182 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Notices regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), can be found at 19 CFR 351.303. In accordance with section 782(b) of the Act, any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information. Parties must use the certification formats provided in 19 CFR 351.303(g). Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. ddrumheller on DSK120RN23PROD with NOTICES1 Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), Commerce will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (APO) to file an APO application immediately following publication in the Federal Register of this notice of initiation. Commerce’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.1 Information Required From Interested Parties Domestic interested parties, as defined in sections 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 18:25 Nov 29, 2024 Jkt 265001 contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with Commerce’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, Commerce will automatically revoke the order without further review.2 If we receive an order-specific notice of intent to participate from a domestic interested party, Commerce’s regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that Commerce’s information requirements are distinct from the ITC ’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).3 An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is due. In prior proceedings we have encouraged interested parties to provide an executive summary of their comments, including footnotes. In these sunset reviews, we request that interested parties provide at the beginning of their comments, an executive summary for each issue raised in their comments. Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the decision memorandum that will accompany the notice to be published in the Federal Register. Finally, we request that interested parties include footnotes 2 See 19 CFR 351.218(d)(1)(iii). 3 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 29, 2023). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 for relevant citations in the public executive summary of each issue. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: November 26, 2024. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–28262 Filed 11–29–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–928] Ceramic Tile From India: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that ceramic tile from India is not being, or is not likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2023, through March 31, 2024. Interested parties are invited to comment on this preliminary determination. DATES: Applicable December 2, 2024. FOR FURTHER INFORMATION CONTACT: Fred Baker or Theodora Mattei, 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) 482–2924 or (202) 482–4834, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on May 16, 2024.1 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.2 On September 19, 2024, Commerce postponed the preliminary 1 See Ceramic Tile from India: Initiation of LessThan-Fair-Value Investigation, 89 FR 42836 (May 16, 2024) (Initiation Notice). 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. E:\FR\FM\02DEN1.SGM 02DEN1

Agencies

[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95181-95182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28262]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (Sunset) Reviews

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

SUMMARY: In accordance with the Tariff Act of 1930, as amended (the 
Act), the U.S. Department of Commerce (Commerce) is automatically 
initiating the five-year reviews (Sunset Reviews) of the antidumping 
and countervailing duty (AD/CVD) order(s) and suspended 
investigation(s) listed below. The U.S. International Trade Commission 
(ITC) is publishing concurrently with this notice its notice of 
Institution of Five-Year Reviews which covers the same order(s) and 
suspended investigation(s).

DATES: Applicable December 2, 2024.

FOR FURTHER INFORMATION CONTACT: Commerce official identified in the 
Initiation of Review section below at AD/CVD Operations, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For 
information from the ITC, contact Mary Messer, Office of 
Investigations, U.S. International Trade Commission at (202) 205-3193.

SUPPLEMENTARY INFORMATION:

Background

    Commerce's procedures for the conduct of Sunset Reviews are set 
forth in its Procedures for Conducting Five-Year (Sunset) Reviews of 
Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 
1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or 
analytical issues relevant to Commerce's conduct of Sunset Reviews is 
set forth in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping Duty 
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).

Initiation of Review

    In accordance with section 751(c) of the Act and 19 CFR 351.218(c), 
we are initiating the Sunset Reviews of the following antidumping and 
countervailing duty order(s) and suspended investigation(s):

----------------------------------------------------------------------------------------------------------------
                                                                                                     Commerce
       DOC case No.               ITC case No.                 Country              Product          contact
----------------------------------------------------------------------------------------------------------------
A-570-097................  731-TA-1429..............  China...................  Polyester        Mary Kolberg,
                                                                                 Textured Yarn    (202) 482-
                                                                                 (1st Review).    1785.
A-533-885................  731-TA-1430..............  India...................  Polyester        Mary Kolberg,
                                                                                 Textured Yarn    (202) 482-
                                                                                 (1st Review).    1785.
C-570-098................  701-TA-612...............  China...................  Polyester        Mary Kolberg,
                                                                                 Textured Yarn    (202) 482-
                                                                                 Mary Kolberg     1785.
                                                                                 (1st Review).
C-533-886................  701-TA-613...............  India...................  Polyester        Mary Kolberg,
                                                                                 Textured Yarn    (202) 482-
                                                                                 (1st Review).    1785.
----------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to sunset 
proceedings, including copies of the pertinent statute and Commerce's 
regulations, Commerce's schedule for Sunset Reviews, a listing of past 
revocations and continuations, and current service lists, available to 
the public on Commerce's website at the following address: https://enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews 
must be filed in accordance with Commerce's

[[Page 95182]]

regulations regarding format, translation, and service of documents. 
These rules, including electronic filing requirements via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (ACCESS), can be found at 19 CFR 351.303.
    In accordance with section 782(b) of the Act, any party submitting 
factual information in an AD/CVD proceeding must certify to the 
accuracy and completeness of that information. Parties must use the 
certification formats provided in 19 CFR 351.303(g). Commerce intends 
to reject factual submissions if the submitting party does not comply 
with applicable revised certification requirements.

Letters of Appearance and Administrative Protective Orders

    Pursuant to 19 CFR 351.103(d), Commerce will maintain and make 
available a public service list for these proceedings. Parties wishing 
to participate in any of these five-year reviews must file letters of 
appearance as discussed at 19 CFR 351.103(d). To facilitate the timely 
preparation of the public service list, it is requested that those 
seeking recognition as interested parties to a proceeding submit an 
entry of appearance within 10 days of the publication of the Notice of 
Initiation. Because deadlines in Sunset Reviews can be very short, we 
urge interested parties who want access to proprietary information 
under administrative protective order (APO) to file an APO application 
immediately following publication in the Federal Register of this 
notice of initiation. Commerce's regulations on submission of 
proprietary information and eligibility to receive access to business 
proprietary information under APO can be found at 19 CFR 351.304-306. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\1\
---------------------------------------------------------------------------

    \1\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

Information Required From Interested Parties

    Domestic interested parties, as defined in sections 771(9)(C), (D), 
(E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to 
participate in a Sunset Review must respond not later than 15 days 
after the date of publication in the Federal Register of this notice of 
initiation by filing a notice of intent to participate. The required 
contents of the notice of intent to participate are set forth at 19 CFR 
351.218(d)(1)(ii). In accordance with Commerce's regulations, if we do 
not receive a notice of intent to participate from at least one 
domestic interested party by the 15-day deadline, Commerce will 
automatically revoke the order without further review.\2\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.218(d)(1)(iii).
---------------------------------------------------------------------------

    If we receive an order-specific notice of intent to participate 
from a domestic interested party, Commerce's regulations provide that 
all parties wishing to participate in a Sunset Review must file 
complete substantive responses not later than 30 days after the date of 
publication in the Federal Register of this notice of initiation. The 
required contents of a substantive response, on an order-specific 
basis, are set forth at 19 CFR 351.218(d)(3). Note that certain 
information requirements differ for respondent and domestic parties. 
Also, note that Commerce's information requirements are distinct from 
the ITC 's information requirements. Consult Commerce's regulations for 
information regarding Commerce's conduct of Sunset Reviews. Consult 
Commerce's regulations at 19 CFR part 351 for definitions of terms and 
for other general information concerning antidumping and countervailing 
duty proceedings at Commerce.
    Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\3\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is 
due.
---------------------------------------------------------------------------

    \3\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------

    In prior proceedings we have encouraged interested parties to 
provide an executive summary of their comments, including footnotes. In 
these sunset reviews, we request that interested parties provide at the 
beginning of their comments, an executive summary for each issue raised 
in their comments. Further, we request that interested parties limit 
their public executive summary of each issue to no more than 450 words, 
not including citations. We intend to use the public executive 
summaries as the basis of the comment summaries included in the 
decision memorandum that will accompany the notice to be published in 
the Federal Register. Finally, we request that interested parties 
include footnotes for relevant citations in the public executive 
summary of each issue.
    This notice of initiation is being published in accordance with 
section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: November 26, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2024-28262 Filed 11-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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