[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84784-84788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26722]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews

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

SUMMARY: The U.S. Department of Commerce (Commerce) has received 
requests to conduct administrative reviews of various antidumping duty 
(AD) and countervailing duty (CVD) orders with October anniversary 
dates. In accordance with Commerce's regulations, we are initiating 
those administrative reviews.

DATES: Applicable December 6, 2023.

FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations, 
Customs Liaison Unit, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230, telephone: (202) 482-4735.

SUPPLEMENTARY INFORMATION:

Background

    Commerce has received timely requests, in accordance with 19 CFR 
351.213(b), for administrative reviews of various AD and CVD orders 
with October anniversary dates.
    All deadlines for the submission of various types of information, 
certifications, or comments or actions by Commerce discussed below 
refer to the number of calendar days from the applicable starting time.

Respondent Selection

    In the event that Commerce limits the number of respondents for 
individual examination for administrative reviews initiated pursuant to 
requests made for the orders identified below, Commerce intends to 
select respondents based on U.S. Customs and Border Protection (CBP) 
data for U.S. imports during the period of review (POR). We intend to 
place the CBP data on the record within five days of publication of the 
initiation notice and to make our decision regarding respondent 
selection within 35 days of publication of the initiation Federal 
Register notice. Comments regarding the CBP data and respondent 
selection should be submitted within seven days after the placement of 
the CBP data on the record of this review. Parties wishing to submit 
rebuttal comments should submit those comments within five days after 
the deadline for the initial comments.
    In the event that Commerce decides it is necessary to limit 
individual examination of respondents and conduct respondent selection 
under section 777A(c)(2) of the Tariff Act of 1930, as amended (the 
Act), the following guidelines regarding collapsing of companies for 
purposes of respondent selection will apply. In general, Commerce has 
found that determinations concerning whether particular companies 
should be ``collapsed'' (e.g., treated as a single entity for purposes 
of calculating AD rates) require a substantial amount of detailed 
information and analysis, which often require follow-up questions and 
analysis. Accordingly, Commerce will not conduct collapsing analyses at 
the respondent selection phase of this review and will not collapse 
companies at the respondent selection phase unless there has been a 
determination to collapse certain companies in a previous segment of 
this AD proceeding (e.g., investigation, administrative review, new 
shipper review, or changed circumstances review). For any company 
subject to this review, if Commerce determined, or continued to treat, 
that company as collapsed with others, Commerce will assume that such 
companies continue to operate in the same manner and will collapse them 
for respondent selection purposes. Otherwise, Commerce will not 
collapse companies for purposes of respondent selection.
    Parties are requested to (a) identify which companies subject to 
review previously were collapsed, and (b) provide a citation to the 
proceeding in which they were collapsed. Further, if companies are 
requested to complete the Quantity and Value (Q&V) Questionnaire for 
purposes of respondent selection, in general, each company must report 
volume and value data separately for itself. Parties should not include 
data for any other party, even if they believe they should be treated 
as a single entity with that other

[[Page 84785]]

party. If a company was collapsed with another company or companies in 
the most recently completed segment of this proceeding where Commerce 
considered collapsing that entity, complete Q&V data for that collapsed 
entity must be submitted.

Notice of No Sales

    With respect to AD administrative reviews, we intend to rescind the 
review where there are no suspended entries for a company or entity 
under review and/or where there are no suspended entries under the 
company-specific case number for that company or entity. Where there 
may be suspended entries, if a producer or exporter named in this 
notice of initiation had no exports, sales, or entries during the POR, 
it may notify Commerce of this fact within 30 days of publication of 
this notice in the Federal Register for Commerce to consider how to 
treat suspended entries under that producer's or exporter's company-
specific case number.

Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that has requested a 
review may withdraw that request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
regulation provides that Commerce may extend this time if it is 
reasonable to do so. Determinations by Commerce to extend the 90-day 
deadline will be made on a case-by-case basis.

Deadline for Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended 
the Act by adding the concept of a particular market situation (PMS) 
for purposes of constructed value under section 773(e) of the Act.\1\ 
Section 773(e) of the Act states that ``if a particular market 
situation exists such that the cost of materials and fabrication or 
other processing of any kind does not accurately reflect the cost of 
production in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If 
Commerce finds that a PMS exists under section 773(e) of the Act, then 
it will modify its dumping calculations appropriately.
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    \1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a 
deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of initial responses to 
section D of the questionnaire.

Separate Rates

    In proceedings involving non-market economy (NME) countries, 
Commerce begins with a rebuttable presumption that all companies within 
the country are subject to government control and, thus, should be 
assigned a single AD deposit rate. It is Commerce's policy to assign 
all exporters of merchandise subject to an administrative review in an 
NME country this single rate unless an exporter can demonstrate that it 
is sufficiently independent so as to be entitled to a separate rate.
    To establish whether a firm is sufficiently independent from 
government control of its export activities to be entitled to a 
separate rate, Commerce analyzes each entity exporting the subject 
merchandise. In accordance with the separate rates criteria, Commerce 
assigns separate rates to companies in NME cases only if respondents 
can demonstrate the absence of both de jure and de facto government 
control over export activities.
    All firms listed below that wish to qualify for separate rate 
status in the administrative reviews involving NME countries must 
complete, as appropriate, either a Separate Rate Application or 
Certification, as described below. For these administrative reviews, in 
order to demonstrate separate rate eligibility, Commerce requires 
entities for whom a review was requested, that were assigned a separate 
rate in the most recent segment of this proceeding in which they 
participated, to certify that they continue to meet the criteria for 
obtaining a separate rate. The Separate Rate Certification form will be 
available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html on the date of publication of this Federal 
Register notice. In responding to the certification, please follow the 
``Instructions for Filing the Certification'' in the Separate Rate 
Certification. Separate Rate Certifications are due to Commerce no 
later than 30 calendar days after publication of this Federal Register 
notice. The deadline and requirement for submitting a Separate Rate 
Certification applies equally to NME-owned firms, wholly foreign-owned 
firms, and foreign sellers who purchase and export subject merchandise 
to the United States.
    Entities that currently do not have a separate rate from a 
completed segment of the proceeding \2\ should timely file a Separate 
Rate Application to demonstrate eligibility for a separate rate in this 
proceeding. In addition, companies that received a separate rate in a 
completed segment of the proceeding that have subsequently made 
changes, including, but not limited to, changes to corporate structure, 
acquisitions of new companies or facilities, or changes to their 
official company name,\3\ should timely file a Separate Rate 
Application to demonstrate eligibility for a separate rate in this 
proceeding. The Separate Rate Application will be available on 
Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. 
In responding to the Separate Rate Application, refer to the 
instructions contained in the application. Separate Rate Applications 
are due to Commerce no later than 30 calendar days after publication of 
this Federal Register notice. The deadline and requirement for 
submitting a Separate Rate Application applies equally to NME-owned 
firms, wholly foreign-owned firms, and foreign sellers that purchase 
and export subject merchandise to the United States.
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    \2\ Such entities include entities that have not participated in 
the proceeding, entities that were preliminarily granted a separate 
rate in any currently incomplete segment of the proceeding (e.g., an 
ongoing administrative review, new shipper review, etc.) and 
entities that lost their separate rate in the most recently 
completed segment of the proceeding in which they participated.
    \3\ Only changes to the official company name, rather than trade 
names, need to be addressed via a Separate Rate Application. 
Information regarding new trade names may be submitted via a 
Separate Rate Certification.
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    Exporters and producers must file a timely Separate Rate 
Application or Certification if they want to be considered for 
individual examination. Furthermore, exporters and producers who submit 
a Separate Rate Application or Certification and subsequently are 
selected as mandatory respondents will no longer be eligible for 
separate rate

[[Page 84786]]

status unless they respond to all parts of the questionnaire as 
mandatory respondents.

Initiation of Reviews

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating 
administrative reviews of the following AD and CVD orders and findings. 
We intend to issue the final results of these reviews not later than 
October 31, 2024.

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                                                          Period to be
                                                            reviewed
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                    AD Proceedings
 
INDIA: Stainless Steel Flanges, A-533-877............    10/1/22-9/30/23
    Balkrishna Steel Forge Pvt. Ltd.
    BFN Forgings Private Limited; Viraj Impoexpo,
     Ltd.; Fanschen werk Bebitz GmbH; Viraj Alloys,
     Ltd.; Viraj Forgings, Ltd.; Viraj Impoexpo,
     Ltd.; and Viraj Profiles Limited \4\
    CD Industries; Kisaan Engineering Works Pvt. Ltd.
    Chandan Steel Limited
    Echjay Forgings Private Limited
    Fivebros Forgings Private Limited
    Goodluck India Limited; Goodluck Engineering Co.
    Hilton Metal Forging Limited
    Jai Auto Pvt. Ltd
    Jay Jagdamba Limited
    Jay Jagdamba Forgings Private Limited
    Jay Jagdamba Profile Private Limited
    Kisaan Die Tech Private Limited
    Pradeep Metals Limited
    R.N. Gupta & Company Limited
    Shree Jay Jagdamba Flanges Private Limited
JAPAN: Hot-Rolled Steel Flat Products, A-588-874.....    10/1/22-9/30/23
    JFE Shoji Corporation
    JFE Shoji Trade America
    JFE Shoji Trade Corporation
    JFE Steel Corporation
    Nippon Steel & Sumikin Bussan Corporation
    Nippon Steel & Sumikin Logistics Co., Ltd.
    Nippon Steel & Sumitomo Metal Corporation
    Nippon Steel Corporation
    Nippon Steel Trading Corporation (formerly Nippon
     Steel & Sumikin Bussan Corporation)
    Tokyo Steel Manufacturing Co., Ltd.
MEXICO: Carbon and Certain Alloy Steel Wire Rod, A-      10/1/22-9/30/23
 201-830.............................................
    ArcelorMittal Mexico, S.A. de C.V.
    Comercializadora Eloro S.A.
    Deacero S.A. de C.V.; Deacero S.A.P.I. de C.V.
    Deacero Summit S.A.P.I. de C.V.
    Grupo Villacero S.A. de C.V.
    Ingeteknos Estructurales S.A.
    TA 2000 S.A. de C.V.
    Talleres y Aceros S.A. de C.V.
    Ternium Mexico S.A. de C.V.
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, A-    10/1/22-9/30/23
 580-883.............................................
    Aekyung Chemical
    AJU Besteel Co., Ltd.
    Ameri Source Korea
    Chemaven Co., Ltd.
    Cj Cheiljedang Corp.
    Cj Global Logistics Service Inc.
    Dongkuk Industries Co., Ltd.
    Dongkuk Steel Mill Co., Ltd.
    Geco Industries Co., Ltd.
    Geumok Tech. Co., Ltd.
    Goi Tech Industries Co., Ltd.
    Golden State Corporation
    Gs Global Corp.
    Gs Holdings Corp.
    Hanawell Co., Ltd.
    Hanjin Gls Co., Ltd.
    Hankook Co., Ltd.
    HISTEEL
    Hyosung Corporation
    Hyosung Tnc Corporation
    Hyundai Glovis Co., Ltd.
    Hyundai Rb Co., Ltd.
    Hyundai Steel Company
    Il Jin Nts Co., Ltd.
    Inchang Electronics Co., Ltd.
    J&K Korea Co., Ltd.
    Jeil Industries Co., Ltd.

[[Page 84787]]

 
    Jeil Metal Co., Ltd.
    Jin Young Metal
    Jun Il Co., Ltd.
    KG Dongbu Steel Co., Ltd.
    KG Steel Corporation
    Kumkang Kind Co., Ltd.
    Lg Electronics Inc.
    Maxflex Corp.
    Mitsubishi Corp. Korea
    Mitsui Chemicals & Skc Polyurethane
    Nexteel Co., Ltd.
    POSCO
    POSCO International Corporation
    Samsung Electronics Co., Ltd.
    SeAH Steel Corporation
    Sja Inc. (Korea)
    Solvay Silica Korea
    Soon Ho Co., Ltd.
    Sumitomo Corp. Korea Ltd.
    Sungjin Precision
    Wintec Korea Inc.
    Wonbangtech Co., Ltd.
TAIWAN: Corrosion-Resistant Steel Products, A-583-856     7/1/22-6/30/23
    Yieh Phui Enterprise Co., Ltd.\5\
THAILAND: Passenger Vehicle and Light Truck Tires,\6\     7/1/22-6/30/23
 A-549-842...........................................
    Bridgestone Company
    Bridgestone Corporation
    Bridgestone Tire Manufacturing
    Thai Bridgestone Co.
THE NETHERLANDS: Hot-Rolled Steel Flat Products, A-      10/1/22-9/30/23
 421-813.............................................
    Tata Steel Ijmuiden BV
 
                   CVD Proceedings
 
INDIA: Stainless Steel Flanges, C-533-878............    1/1/22-12/31/22
    BFN Forgings Private Limited
    Chandan Steel Limited
    Fivebros Forgings Private Limited
    Hilton Metal Forging Limited
    Kisaan Die Tech Pvt Ltd.
    Pradeep Metals Limited
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, C-    1/1/22-12/31/22
 580-884.............................................
    DCE Inc.
    Dong Chuel America Inc.
    Dong Chuel Industrial Co., Ltd.
    Dongbu Incheon Steel Co., Ltd.
    Dongbu Steel Co., Ltd.
    Dongkuk Industries Co., Ltd.
    Dongkuk Steel Mill Co., Ltd.
    Hyewon Sni Corporation (H.S.I.)
    Hyundai Steel Company \7\
    JFE Shoji Trade Korea Ltd.
    POSCO
    POSCO Coated & Color Steel Co., Ltd.
    POSCO Daewoo Corporation
    POSCO International Corporation
    Soon Hong Trading Co., Ltd.
    Sung-A Steel Co., Ltd.
SPAIN: Ripe Olives,\8\ C-469-818.....................    1/1/22-12/31/22
 
                Suspension Agreements
 
ARGENTINA: Lemon Juice, A-357-818....................    10/1/22-9/30/23
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Duty Absorption Reviews

    During any administrative review covering all or part of a period 
falling

[[Page 84788]]

between the first and second or third and fourth anniversary of the 
publication of an AD order under 19 CFR 351.211 or a determination 
under 19 CFR 351.218(f)(4) to continue an order or suspended 
investigation (after sunset review), Commerce, if requested by a 
domestic interested party within 30 days of the date of publication of 
the notice of initiation of the review, will determine whether ADs have 
been absorbed by an exporter or producer subject to the review if the 
subject merchandise is sold in the United States through an importer 
that is affiliated with such exporter or producer. The request must 
include the name(s) of the exporter or producer for which the inquiry 
is requested.
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    \4\ Commerce has previously found BFN Forgings Private Limited 
to be part of the collapsed entity noted above. See, e.g., Stainless 
Steel Flanges from India: Final Affirmative Determination of Sales 
at Less Than Fair Value and Final Affirmative Critical Circumstance 
Determination, 83 FR 40745 (August 16, 2018).
    \5\ In the Initiation Notice for orders with July anniversary 
months (Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62322 (September 11, 2023) (July Order 
Initiation Notice)), Commerce inadvertently initiated a review of 
Yieh Phui Enterprise Co., Ltd., though this company is excluded from 
the order. See Corrosion-Resistant Steel Products from Taiwan: 
Notice of Third Amended Final Determination of Sales at Less Than 
Fair Value Pursuant to Court Decision and Partial Exclusion from 
Antidumping Duty Order, 88 FR 58245 (August 25, 2023). Thus, with 
this initiation notice, we are correcting the July Order Initiation 
Notice and are not conducting an administrative review of Yieh Phui 
Enterprise Co., Ltd. for the July 1, 2022, through June 30, 2023 
period of review.
    \6\ The companies listed below were inadvertently not included 
in the July Order Initiation Notice.
    \7\ This company may also be referred to as ``Hyundai Steel Co., 
Ltd.''
    \8\ In the initiation notice for orders with August anniversary 
months (Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023), Commerce 
inadvertently listed ``Camacho S.L.'' as being subject to the 
calendar year 2022 CVD administrative review of Ripe Olives from 
Spain.
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Gap Period Liquidation

    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant ``gap'' period of the order (i.e., the 
period following the expiry of provisional measures and before 
definitive measures were put into place), if such a gap period is 
applicable to the POR.

Administrative Protective Orders and Letters of Appearance

    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with the procedures 
outlined in Commerce's regulations at 19 CFR 351.305. Those procedures 
apply to administrative reviews included in this notice of initiation. 
Parties wishing to participate in any of these administrative reviews 
should ensure that they meet the requirements of these procedures 
(e.g., the filing of separate letters of appearance as discussed at 19 
CFR 351.103(d)).

Factual Information Requirements

    Commerce's regulations identify five categories of factual 
information in 19 CFR 351.102(b)(21), which are summarized as follows: 
(i) evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). These regulations require any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The regulations, at 19 
CFR 351.301, also provide specific time limits for such factual 
submissions based on the type of factual information being submitted. 
Please review the Final Rule,\9\ available at https://www.govinfo.gov/content/pkg/FR-2013-07-17/pdf/2013-17045.pdf, prior to submitting 
factual information in this segment. Note that Commerce has amended 
certain of its requirements pertaining to the service of documents in 
19 CFR 351.303(f).\10\
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    \9\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
    \10\ Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information using 
the formats provided at the end of the Final Rule.\11\ Commerce intends 
to reject factual submissions in any proceeding segments if the 
submitting party does not comply with applicable certification 
requirements.
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    \11\ See section 782(b) of the Act; see also Final Rule; and the 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Extension of Time Limits Regulation

    Parties may request an extension of time limits before a time limit 
established under Part 351 expires, or as otherwise specified by 
Commerce.\12\ In general, an extension request will be considered 
untimely if it is filed after the time limit established under Part 351 
expires. For submissions which are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. on the due date. Examples include, but are 
not limited to: (1) case and rebuttal briefs, filed pursuant to 19 CFR 
351.309; (2) factual information to value factors under 19 CFR 
351.408(c), or to measure the adequacy of remuneration under 19 CFR 
351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, 
clarification and correction filed pursuant to 19 CFR 
351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate 
country and surrogate values and rebuttal; (4) comments concerning CBP 
data; and (5) Q&V questionnaires. Under certain circumstances, Commerce 
may elect to specify a different time limit by which extension requests 
will be considered untimely for submissions which are due from multiple 
parties simultaneously. In such a case, Commerce will inform parties in 
the letter or memorandum setting forth the deadline (including a 
specified time) by which extension requests must be filed to be 
considered timely. This policy also requires that an extension request 
must be made in a separate, stand-alone submission, and clarifies the 
circumstances under which Commerce will grant untimely-filed requests 
for the extension of time limits. Please review the Final Rule, 
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments.
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    \12\ See 19 CFR 351.302.
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    These initiations and this notice are in accordance with section 
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: November 30, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-26722 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-DS-P