62054 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices 

17See section 751(a)(2)(C) of the Act. 

18For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

19See Ripe Olives from Spain: Antidumping Duty 

Order, 83 FR 37465 (August 1, 2018) (Order) at 

37466. 

1See Brass Rod from Brazil, India, Israel, Mexico, 

the Republic of Korea, and South Africa: Initiation 

of Less-Than-Fair-Value Investigations, 88 FR 

33579 (May 24, 2023) (Initiation Notice). 

review and for future deposits of 

estimated duties, where applicable.17

For entries of subject merchandise 

during the POR produced by either of 

the individually examined respondents 

for which they did not know that the 

merchandise was destined for the 

United States, we will instruct CBP to 

liquidate these entries at the all-others 

rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.18

For the companies identified above 

that were not selected for individual 

examination, we will instruct CBP to 

liquidate entries at the rates established 

after the completion of the final results 

of review. 

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 cash deposit 

requirements for estimated antidumping 

duties will be effective upon publication 

in the Federal Register of the notice of 

final results of this review for all 

shipments of olives from Spain entered, 

or withdrawn from warehouse, for 

consumption on or after the date of 

publication as provided by section 

751(a)(2) of the Act: (1) the cash deposit 

rate for companies subject to this review 

will be equal to the weighted-average 

dumping margins established in the 

final results of the review; (2) for 

merchandise exported by companies not 

covered in this review but covered in a 

prior segment of this proceeding, the 

cash deposit rate will continue to be the 

company-specific rate published in the 

completed segment for the most recent 

period; (3) if the exporter is not a firm 

covered in this review, a prior review, 

or the original less-than-fair-value 

(LTFV) investigation but the producer 

is, then the cash deposit rate will be the 

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 19.98 percent,19 the all-others rate 

established in the LTFV investigation. 

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Final Results of Review 

Unless extended, Commerce intends 

to issue the final results of this 

administrative review, including the 

results of its analysis of the issues raised 

in any written briefs, no later than 120 

days after the date of publication of this 

notice, pursuant to section 751(a)(3)(A) 

of the Act and 19 CFR 351.213(h)(1). 

Notification to Importers 

This notice serves as a preliminary 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping and/or countervailing 

duties prior to liquidation of the 

relevant entries during this POR. Failure 

to comply with this requirement could 

result in Commerce’s presumption that 

reimbursement of antidumping and/or 

countervailing duties occurred and the 

subsequent assessment of double 

antidumping duties, and/or an increase 

in the amount of antidumping duties by 

the amount of countervailing duties. 

Notification to Interested Parties 

These preliminary results and notice 

are issued and published in accordance 

with sections 751(a)(1) and 777(i) of the 

Act, 19 CFR 351.213(d)(4), 19 CFR 

351.213(h) and 19 CFR 351.221(b)(4). 

Dated: August 31, 2023. 

Lisa W. Wang, 

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. Rescission of Review, In Part 

V. Rate for Non-Selected Companies 

VI. Discussion of the Methodology 

VII. Currency Conversion 

VIII. Recommendation 

[FR Doc. 2023–19384 Filed 9–7–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–859, A–533–915, A–508–814, A–201– 

858, A–580–916, A–791–828] 

Brass Rod From Brazil, India, Israel, 

Mexico, the Republic of Korea, and 

South Africa: Postponement of 

Preliminary Determinations in the 

Less-Than-Fair-Value Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable September 8, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Claudia Cott (Brazil), Christopher 

Williams (India), Andrew Hart (Israel), 

Frank Schmitt (Mexico), Drew Jackson 

(the Republic of Korea (Korea)), Dmitry 

Vladimirov (South Africa), AD/CVD 

Operations, Offices I, II, IV, VI, and IX, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4270, 

(202) 482–5166, (202) 482–1058, (202) 

482–4880, (202) 482–4406, (202) 482– 

0665), respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 17, 2023, the U.S. 

Department of Commerce (Commerce) 

initiated less-than-fair-value (LTFV) 

investigations of imports of brass rod 

from Brazil, India, Israel, Mexico, Korea, 

and South Africa.1 Currently, the 

preliminary determinations are due no 

later than October 4, 2023. 

Postponement of Preliminary 

Determinations 

Section 733(b)(1)(A) of the Tariff Act 

of 1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in a LTFV investigation 

within 140 days after the date on which 

Commerce initiated the investigation. 

However, section 733(c)(1)(A)(b)(1) of 

the Act permits Commerce to postpone 

the preliminary determination until no 

later than 190 days after the date on 

which Commerce initiated the 

investigation if: (A) the petitioner makes 

a timely request for a postponement; or 

(B) Commerce concludes that the parties 

concerned are cooperating, that the 

investigation is extraordinarily 

complicated, and that additional time is 

necessary to make a preliminary 

determination. Under 19 CFR 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices 62055 

2The petitioners are the American Brass Rod Fair 

Trade Coalition and its constituent members, 

Mueller Brass Co. and Wieland Chase LLC, U.S. 

3See Petitioners’ Letter, ‘‘Request to Extend 

Antidumping Preliminary Determinations,’’ dated 

August 23, 2023. 

4 Id. 

5Because the extended deadline for these 

preliminary determinations falls on a Federal 

holiday (i.e., November 23, 2023), the deadline 

becomes the next business day. See Notice of 

Clarification: Application of ‘‘Next Business Day’’ 

Rule for Administrative Determination Deadlines 

Pursuant to the Tariff Act of 1930, As Amended, 70 

FR 24533 (May 10, 2005). 

1See Certain Pea Protein from the People’s 

Republic of China: Initiation of Countervailing Duty 

Investigation, 88 FR 52116 (August 7, 2023) 

(Initiation Notice). 

351.205(e), the petitioner must submit a 

request for postponement 25 days or 

more before the scheduled date of the 

preliminary determination and must 

state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On August 23, 2023, the petitioners 2

submitted a timely request that 

Commerce postpone the preliminary 

determinations in these LTFV 

investigations to 190 days after the date 

of initiation of the investigations.3 The 

petitioners stated that they request 

postponement due to the size and 

complexity of the investigations, the 

extensions of time already granted by 

Commerce to respondents, and the 

amount of time that will be needed for 

Commerce to conduct complete and 

thorough analyses in these 

investigations, including the issuance 

and review of additional supplemental 

questionnaires.4

For the reasons stated above and 

because there are no compelling reasons 

to deny the request for postponement, 

Commerce, in accordance with section 

733(c)(1)(A) of the Act, is postponing 

the deadline for the preliminary 

determinations by 50 days (i.e., 190 

days after the date on which these 

investigations were initiated). As a 

result, Commerce will issue its 

preliminary determinations no later 

than November 24, 2023.5 In accordance 

with section 735(a)(1) of the Act and 19 

CFR 351.210(b)(1), the deadline for the 

final determinations of these 

investigations will continue to be 75 

days after the date of the preliminary 

determinations, unless postponed. 

This notice is issued and published 

pursuant to section 733(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: September 1, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–19388 Filed 9–7–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

United States-Mexico-Canada 

Agreement (USMCA), Article 10.12: 

Binational Panel Review: Notice of 

Request for Panel Review 

AGENCY: United States Section, USMCA 

Secretariat, International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice of USMCA request for 

panel review. 

SUMMARY: A Request for Panel Review 

was filed in the matter of Certain 

Softwood Lumber from Canada: Final 

Results of a Final Rescission, in Part, of 

the Countervailing Duty Administrative 

Review; 2021 with the U.S. Section of 

the USMCA Secretariat on August 31, 

2023, pursuant to USMCA Article 10.12. 

The final results of the administrative 

review were published in the Federal 

Register on August 1, 2023. The 

USMCA Secretariat has assigned case 

number USA–CDA–2023–10.12–01 to 

this request. 

FOR FURTHER INFORMATION CONTACT: 

Vidya Desai, United States Secretary, 

USMCA Secretariat, Room 2061, 1401 

Constitution Avenue NW, Washington, 

DC 20230, 202–482–5438. 

SUPPLEMENTARY INFORMATION: Article 

10.12 of chapter 10 of USMCA provides 

a dispute settlement mechanism 

involving trade remedy determinations 

issued by the Government of the United 

States, the Government of Canada, and 

the Government of Mexico. Following a 

Request for Panel Review, a Binational 

Panel is composed to review the trade 

remedy determination being challenged 

and issue a binding Panel Decision. 

There are established USMCA Rules of 

Procedure for Article 10.12 (Binational 

Panel Reviews), which were adopted by 

the three governments for panels 

requested pursuant to article 10.12(2) of 

USMCA which requires Requests for 

Panel Review to be published in 

accordance with Rule 40. For the 

complete Rules, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/usmca-aceum-tmec/ 

rules-regles-reglas/article-articlearticulo_10_12.aspx?lang=eng. 

The Rules provide that: 

(a) A Party or interested person may 

challenge the final determination in 

whole or in part by filing a Complaint 

in accordance with Rule 44 no later than 

30 days after the filing of the first 

Request for Panel Review (the deadline 

for filing a Complaint is October 2, 

2023); 

(b) A Party, an investigating authority 

or other interested person who does not 

file a Complaint but who intends to 

participate in the panel review shall file 

a Notice of Appearance in accordance 

with Rule 45 no later than 45 days after 

the filing of the first Request for Panel 

Review (the deadline for filing a Notice 

of Appearance is October 16, 2023); 

(c) The panel review will be limited 

to the allegations of error of fact or law, 

including challenges to the jurisdiction 

of the investigating authority, that are 

set out in the Complaints filed in the 

panel review and to the procedural and 

substantive defenses raised in the panel 

review. 

Dated: September 5, 2023. 

Vidya Desai, 

U.S. Secretary, USMCA Secretariat. 

[FR Doc. 2023–19439 Filed 9–7–23; 8:45 am] 

BILLING CODE 3510–GT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–155] 

Certain Pea Protein From the People’s 

Republic of China: Postponement of 

Preliminary Determination in the 

Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable September 8, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Johnson and Laura Griffith, AD/ 

CVD Operations, Office III, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4793 and (202) 482–6430, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 1, 2023, the U.S. 

Department of Commerce (Commerce) 

initiated a countervailing duty (CVD) 

investigation of imports of certain pea 

protein from the People’s Republic of 

China.1 Currently, the preliminary 

determination is due no later than 

October 5, 2023. 

Postponement of Preliminary 

Determination 

Section 703(b)(1) of the Tariff Act of 

1930, as amended (the Act), requires 


lotter on DSK11XQN23PROD with NOTICES1