Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices 9315 

1See Notice of Antidumping Duty Order: Certain 

Frozen Fish Fillets from the Socialist Republic of 

Vietnam, 68 FR 47909 (August 12, 2003) (Order). 

2The Vinh Hoan Corporation is a collapsed entity 

consisting of Vinh Hoan Corporation, Van Duc Food 

Export Joint Stock Company, Van Duc Tien Giang 

Food Export Company, Thanh Binh Dong Thap One 

Member Company Limited, and Vinh Phuoc Food 

Company Limited. See Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam: Final 

Results of Antidumping Duty Administrative 

Review and Final Determination of No Shipments; 

2018–2019, 86 FR 36102 (July 8, 2021), and 

accompanying Issues and Decision Memorandum at 

Comment 8. 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

71829, 71835 (October 18, 2023). 

4See Certain Frozen Fish Fillets from the Socialist 

Republic of Vietnam: Notice of Partial Revocation 

of the Antidumping Duty Order, 90 FR 8120 

(January 24, 2025) (Revocation Notice). 

5 Id. 

1See Petitioner’s Letter, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated January 15, 2025 (Petition). 

2 Id. 

3See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated January 17, 2025 (General Issues 

Questionnaire); ‘‘Supplemental Questions,’’ dated 

January 17, 2025; ‘‘Supplemental Questions,’’ dated 

January 29, 2025; and ‘‘Supplemental Questions,’’ 

dated January 29, 2025 (Second General Issues 

Questionnaire). 

4See Petitioner’s Letters, ‘‘Petitioner’s Response 

to Commerce’s Supplemental Questions,’’ dated 

January 22, 2025 (First General Issues Supplement); 

‘‘Petitioner’s Response to Commerce’s 

Continued 

steel plate with one or two tubes or pins 

welded onto the plate for connecting the 

panels. 

Temporary steel fencing is covered by the 

scope regardless of coating, painting, or other 

finish. Both temporary steel fence panels and 

temporary steel fence stands are covered by 

the scope, whether imported assembled or 

unassembled, and whether imported together 

or separately. 

Subject merchandise includes material 

matching the above description that has been 

finished, assembled, or packaged in a third 

country, including by coating, painting, 

assembling, attaching to, or packaging with 

another product, or any other finishing, 

assembly, or packaging operation that would 

not otherwise remove the merchandise from 

the scope of the investigation if performed in 

the country of manufacture of the temporary 

steel fencing. 

Temporary steel fencing is included in the 

scope of this investigation whether or not 

imported attached to, or in conjunction with, 

other parts and accessories such as posts, 

hooks, rings, brackets, couplers, clips, 

connectors, handles, brackets, or latches. If 

temporary steel fencing is imported attached 

to, or in conjunction with, such non-subject 

merchandise, only the temporary steel 

fencing is included in the scope. 

Merchandise covered by this investigation 

is currently classified in the Harmonized 

Tariff Schedule of the United States (HTSUS) 

under the subheading 7308.90.9590. Subject 

merchandise may also enter under 

subheadings 7326.90.8688 and 7323.99.9080 

of the HTSUS. The HTSUS subheadings set 

forth above are provided for convenience and 

U.S. Customs purposes only. The written 

description of the scope is dispositive. 

[FR Doc. 2025–02443 Filed 2–10–25; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–801] 

Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam 

Administrative Review: Notice of 

Partial Rescission; 2022–2023 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 24, 2025, the U.S. 

Department of Commerce (Commerce) 

published a partial revocation of Vinh 

Hoan Corporation (Vinh Hoan) from the 

antidumping duty (AD) order on certain 

frozen fish fillets (fish fillets) from the 

Socialist Republic of Vietnam 

(Vietnam). As a result of this partial 

revocation, Commerce is rescinding the 

review with respect to entries that were 

produced and exported by Vinh Hoan. 

DATES: Applicable February 11, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Javier Barrientos, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2243. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 18, 2023, Commerce 

initiated a review of the AD order on 

fish fillets from Vietnam 1 with respect 

to Vinh Hoan 2 for the period of review 

(POR) August 1, 2022, through July 31, 

2023.3 On January 24, 2025, Commerce 

published its revocation of the Order 

with respect to Vinh Hoan as an 

exporter and producer of subject 

merchandise, effective August 1, 2021.4

Thus, Commerce is rescinding the 

review with respect to subject 

merchandise produced and exported by 

Vinh Hoan because there is no further 

basis for conducting an administrative 

review of the Order for the POR with 

respect to such merchandise. Consistent 

with Vinh Hoan’s revocation, Commerce 

will continue to review entries where 

Vinh Hoan was the exporter but not the 

producer of subject merchandise or 

where Vinh Hoan was the producer but 

not the exporter of subject merchandise 

to the extent the relevant exporter is 

subject to our ongoing review, as 

applicable. 

In accordance with the Revocation 

Notice, Commerce has instructed U.S. 

Customs and Border Protection to 

liquidate unliquidated entries of certain 

frozen fish fillets from Vietnam 

produced and exported by Vinh Hoan 

which were entered, or withdrawn from 

warehouse, for consumption on or after 

August 1, 2021, without regard to 

antidumping duties.5

Notification to Interested Parties 

This notice is issued and published in 

accordance with 19 CFR 351.213(d)(4). 

Dated: February 5, 2025. 

Scot Fullerton, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2025–02482 Filed 2–10–25; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–198] 

Temporary Steel Fencing From the 

People’s Republic of China: Initiation 

of Less-Than-Fair-Value Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable February 4, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Robert Palmer, Office VIII, AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–9068. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On January 15, 2025, the U.S. 

Department of Commerce (Commerce) 

received an antidumping duty (AD) 

petition concerning imports of 

temporary steel fencing from the 

People’s Republic of China (China) filed 

in proper form on behalf of ZND US Inc. 

(the petitioner), a U.S. producer of 

temporary steel fencing.1 The AD 

Petition was accompanied by a 

countervailing duty (CVD) petition 

concerning imports of temporary steel 

fencing from China.2

On January 17 and 29, 2025, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petition in supplemental 

questionnaires.3 On January 22, 30, and 

31, 2025, the petitioner filed timely 

responses to these requests for 

additional information.4


KHAMMOND on DSK9W7S144PROD with NOTICES
9316 Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices 

Supplemental Questions,’’ dated January 22, 2025; 

‘‘Petitioner’s Response to Commerce’s 

Supplemental Questions,’’ dated January 27, 2025; 

‘‘Petitioner’s Response to Commerce’s 

Supplemental Questions,’’ dated January 30, 2025; 

and ‘‘Petitioner’s Response to Commerce’s 

Supplemental Questions,’’ dated January 31, 2025 

(Second General Issues Supplement). 

5See section on ‘‘Determination of Industry 

Support for the Petition,’’ infra. 

6See First General Issues Questionnaire; see also 

Second General Issues Questionnaire. 

7See First General Issues Supplement at I–Supp– 

2 through I–Supp–9 and Exhibits I–4–Supp and I– 

14–Supp through I–19–Supp; see also Second 

General Issues Supplement at 2–8 and Exhibits I– 

4–Supp 2, I–22–Supp 2, and I–23–Supp 2. 

8See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble); see also 19 CFR 351.312. 

9See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

10See 19 CFR 351.303(b)(1). 

11See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance: Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of temporary steel fencing from China 

are being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV) within the meaning of section 

731 of the Act, and that imports of such 

products are materially injuring, or 

threatening material injury to, the 

temporary steel fencing industry in the 

United States. Consistent with section 

732(b)(1) of the Act, the Petition was 

accompanied by information reasonably 

available to the petitioner supporting its 

allegations. 

Commerce finds that the petitioner 

filed the Petition on behalf of the 

domestic industry, because the 

petitioner is an interested party, as 

defined in section 771(9)(C) of the Act. 

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support for the initiation of the 

requested LTFV investigation.5

Period of Investigation 

Because the Petition was filed on 

January 15, 2025, and because China is 

a non-market economy (NME) country, 

pursuant to 19 CFR 351.204(b)(1), the 

period of investigation (POI) for the 

LTFV investigation is July 1, 2024, 

through December 31, 2024. 

Scope of the Investigation 

The product covered by this 

investigation is temporary steel fencing 

from China. For a full description of the 

scope of this investigation, see the 

appendix to this notice. 

Comments on the Scope of the 

Investigation 

On January 17 and 29, 2025, 

Commerce requested information and 

clarification from the petitioner 

regarding the proposed scope to ensure 

that the scope language in the Petition 

is an accurate reflection of the products 

for which the domestic industry is 

seeking relief.6 On January 22 and 31, 

2025, the petitioner provided 

clarifications and revised the scope.7

The description of merchandise covered 

by this investigation, as described in the 

appendix to this notice, reflects these 

clarifications. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(i.e., scope).8 Commerce will consider 

all scope comments received from 

interested parties and, if necessary, will 

consult with interested parties prior to 

the issuance of the preliminary 

determination. If scope comments 

include factual information,9 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that scope 

comments be submitted by 5:00 p.m. 

Eastern Time (ET) on February 24, 2025, 

which is 20 calendar days from the 

signature date of this notice. Any 

rebuttal comments, which may include 

factual information, and should also be 

limited to public information, must be 

filed by 5:00 p.m. ET on March 6, 2025, 

which is 10 calendar days from the 

initial comment deadline.10

Commerce requests that any factual 

information that parties consider 

relevant to the scope of this 

investigation be submitted during that 

period. However, if a party subsequently 

finds that additional factual information 

pertaining to the scope of the 

investigation may be relevant, the party 

must contact Commerce and request 

permission to submit the additional 

information. All scope comments must 

be filed simultaneously on the records 

of the concurrent LTFV and CVD 

investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically via Enforcement and 

Compliance’s Antidumping Duty and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.11 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. 

Comments on Product Characteristics 

Commerce is providing interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of temporary steel fencing to be reported 

in response to Commerce’s AD 

questionnaires. This information will be 

used to identify the key physical 

characteristics of the subject 

merchandise in order to report the 

relevant factors of production (FOP) 

accurately, as well as to develop 

appropriate product comparison 

criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate list of physical characteristics. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaires, all 

product characteristics comments must 

be filed by 5:00 p.m. ET on February 24, 

2025, which is 20 calendar days from 

the signature date of this notice. Any 

rebuttal comments must be filed by 5:00 

p.m. ET on March 6, 2025, which is 10 

calendar days from the initial comment 

deadline. All comments and 

submissions to Commerce must be filed 

electronically using ACCESS, as 

explained above, on the record of the 

LTFV investigation. 

Determination of Industry Support for 

the Petition 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) at least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 


KHAMMOND on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices 9317 

12See section 771(10) of the Act. 

13See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d Algoma Steel Corp., Ltd. v. United States, 865 

F.2d 240 (Fed. Cir. 1989)). 

14For a discussion of the domestic like product 

analysis as applied to this case and information 

regarding industry support, see Checklist, 

‘‘Antidumping Duty Investigation Initiation 

Checklist: Temporary Steel Fencing from the 

People’s Republic of China,’’ dated concurrently 

with, and hereby adopted by, this notice (China AD 

Initiation Checklist), at Attachment II, Analysis of 

Industry Support for the Antidumping and 

Countervailing Duty Petitions Covering Temporary 

Steel Fencing from the People’s Republic of China 

(Attachment II). This checklist is on file 

electronically via ACCESS. 

15See Attachment II of the China AD Initiation 

Checklist. 

16 Id. 

17For further discussion, see Attachment II of the 

China AD Initiation Checklist. 

18 Id. 

19 Id.; see also section 732(c)(4)(D) of the Act. 

20See Attachment II of the China AD Initiation 

Checklist. 

21 Id. 

22 Id. 

23For further information regarding negligibility 

and the injury allegation, see China AD Initiation 

Checklist at Attachment III, Analysis of Allegations 

and Evidence of Material Injury and Causation for 

the Antidumping and Countervailing Duty Petitions 

Covering Temporary Steel Fencing from the 

People’s Republic of China (Attachment III). 

24See Attachment III of the China AD Initiation 

Checklist. 

25 Id. 

26See China AD Initiation Checklist. 

27 Id. 

28See, e.g., Certain Freight Rail Couplers and 

Parts Thereof from the People’s Republic of China: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value and Preliminary Affirmative 

Determination of Critical Circumstances, 88 FR 

15372 (March 13, 2023), and accompanying 

Preliminary Decision Memorandum at 5, 

unchanged in Certain Freight Rail Couplers and 

Parts Thereof from the People’s Republic of China: 

Final Affirmative Determination of Sales at LessThan-Fair Value and Final Affirmative 

Determination of Critical Circumstances, 88 FR 

34485 (May 30, 2023). 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The U.S. International 

Trade Commission (ITC), which is 

responsible for determining whether 

‘‘the domestic industry’’ has been 

injured, must also determine what 

constitutes a domestic like product in 

order to define the industry. While both 

Commerce and the ITC apply the same 

statutory definition regarding the 

domestic like product,12 they do so for 

different purposes and pursuant to a 

separate and distinct authority. In 

addition, Commerce’s determination is 

subject to limitations of time and 

information. Although this may result in 

different definitions of the like product, 

such differences do not render the 

decision of either agency contrary to 

law.13

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigation.14 Based on our analysis of 

the information submitted on the 

record, we have determined that 

temporary steel fencing, as defined in 

the scope, constitutes a single domestic 

like product, and we have analyzed 

industry support in terms of that 

domestic like product.15

In determining whether the petitioner 

has standing under section 732(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petition 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigation,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner provided the 2024 

production of the domestic like product 

for the U.S. producers that support the 

Petition and compared this to the 

estimated total production of the 

domestic like product in 2024 by the 

entire U.S. temporary steel fencing 

industry.16 We relied on data provided 

by the petitioner for purposes of 

measuring industry support.17

Our review of the data provided in the 

Petition and other information readily 

available to Commerce indicates that the 

petitioner has established industry 

support for the Petition.18 First, the 

Petition established support from 

domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product and, as such, Commerce is not 

required to take further action in order 

to evaluate industry support (e.g., 

polling).19 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for at least 25 percent of the 

total production of the domestic like 

product.20 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petition.21 Accordingly, Commerce 

determines that the Petition was filed on 

behalf of the domestic industry within 

the meaning of section 732(b)(1) of the 

Act.22

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at LTFV. In addition, 

the petitioner alleges that subject 

imports from China exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.23

The petitioner contends that the 

industry’s injured condition is 

illustrated by the significant volume and 

market share of subject imports; 

underselling and price depression and/ 

or suppression; lost sales and revenues; 

and declines in the domestic industry’s 

production, capacity utilization, 

employment variables, and financial 

performance.24 We assessed the 

allegations and supporting evidence 

regarding material injury, threat of 

material injury, causation, cumulation, 

as well as negligibility, and we have 

determined that these allegations are 

properly supported by adequate 

evidence and meet the statutory 

requirements for initiation.25

Allegations of Sales at LTFV 

The following is a description of the 

allegations of sales at LTFV upon which 

Commerce based its decision to initiate 

a LTFV investigation of imports of 

temporary steel fencing from China. The 

sources of data for the deductions and 

adjustments relating to U.S. price and 

normal value (NV) are discussed in 

greater detail in the China AD Initiation 

Checklist. 

U.S. Price 

The petitioner based export price (EP) 

on pricing information for temporary 

steel fencing produced in China and 

offered for sale in the United States 

during the POI.26 The petitioner made 

certain adjustments to U.S. price to 

calculate a net ex-factory U.S. price, 

where applicable.27

Normal Value 

Commerce considers China to be an 

NME country.28 In accordance with 

section 771(18)(C)(i) of the Act, any 


KHAMMOND on DSK9W7S144PROD with NOTICES
9318 Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices 

29See China AD Initiation Checklist. 

30 Id. 

31See China AD Initiation Checklist. 

32 Id. 

33 Id. 

34See Petition at Volume I (pages I–11 and I–23 

and Exhibit I–8); see also First General Issues 

Supplement at I–Supp–1 and Exhibit I–8–Supp; 

and Second General Issues Supplement at 1–2. 35See Memorandum, ‘‘Release of U.S. Customs 

and Border Protection Entry Data,’’ dated January 

30, 2025. 

36See Regulations Enhancing the Administration 

of the Antidumping and Countervailing Duty Trade 

Remedy Laws, 89 FR 101694, 101759–60 (December 

16, 2024). 

37See 19 CFR 351.108(d)(1). 

38See 19 CFR 351.108(e). 

determination that a foreign country is 

an NME country shall remain in effect 

until revoked by Commerce. Therefore, 

we continue to treat China as an NME 

country for purposes of the initiation of 

this LTFV investigation. Accordingly, 

we base NV on FOPs valued in a 

surrogate market economy country in 

accordance with section 773(c) of the 

Act. 

The petitioner claims that the 

Republic of Tu ̈rkiye (Tu ̈rkiye) is an 

appropriate surrogate country for China 

because it is a market economy that is 

at a level of economic development 

comparable to that of China and is a 

significant producer of comparable 

merchandise.29 The petitioner provided 

publicly available information from 

Tu ̈rkiye to value all FOPs.30 Based on 

the information provided by the 

petitioner, we believe it is appropriate 

to use Tu ̈rkiye as a surrogate country for 

China to value all FOPs for initiation 

purposes. 

Interested parties will have the 

opportunity to submit comments 

regarding surrogate country selection 

and, pursuant to 19 CFR 

351.301(c)(3)(i), will be provided an 

opportunity to submit publicly available 

information to value FOPs within 30 

days before the scheduled date of the 

preliminary determination. 

Factors of Production 

Because information regarding the 

volume of inputs consumed by Chinese 

producers/exporters was not reasonably 

available, the petitioner used a U.S. 

producer’s production experience and 

product-specific consumption rates as a 

surrogate to value Chinese 

manufacturers’ FOPs.31 Additionally, 

the petitioner calculated factory 

overhead, selling, general, and 

administrative expenses, and profit 

based on the experience of two Turkish 

producers of comparable 

merchandise.32

Fair Value Comparisons 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of temporary steel fencing from 

China are being, or are likely to be, sold 

in the United States at LTFV. Based on 

comparisons of EP to NV in accordance 

with sections 772 and 773 of the Act, 

the estimated dumping margins for 

temporary steel fencing from China 

covered by this initiation range from 

501.26 to 738.98 percent.33

Initiation of LTFV Investigation 

Based upon the examination of the 

Petition and supplemental responses, 

we find that they meet the requirements 

of section 732 of the Act. Therefore, we 

are initiating a LTFV investigation to 

determine whether imports of 

temporary steel fencing are, or are likely 

to be, sold in the United States at LTFV. 

In accordance with section 733(b)(1)(A) 

of the Act and 19 CFR 351.205(b)(1), 

unless postponed, we will make our 

preliminary determination no later than 

140 days after the date of this initiation. 

Respondent Selection 

In the Petition, the petitioner 

identified over 150 companies in China 

as producers and/or exporters of 

temporary steel fencing.34 Our standard 

practice for respondent selection in AD 

investigations involving NME countries 

is to select respondents based on 

quantity and value (Q&V) 

questionnaires in cases where 

Commerce has determined that the 

number of companies is large, and it 

cannot individually examine each 

company based upon its resources. 

Therefore, considering the number of 

producers and/or exporters identified in 

the Petition, Commerce will solicit Q&V 

information that can serve as a basis for 

selecting exporters for individual 

examination in the event that Commerce 

determines that the number is large and 

decides to limit the number of 

respondents individually examined 

pursuant to section 777A(c)(2) of the 

Act. Because there are over 150 Chinese 

producers and/or exporters identified in 

the Petition, Commerce has determined 

that it will issue Q&V questionnaires to 

the largest producers and/or exporters 

in China that are identified in the U.S. 

Customs and Border Protection POI 

entry data for which there is complete 

address information on the record.35

Commerce will post the Q&V 

questionnaires along with filing 

instructions on Commerce’s website at 

https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of 

temporary steel fencing from China that 

do not receive Q&V questionnaires may 

still submit a response to the Q&V 

questionnaire and can obtain a copy of 

the Q&V questionnaire from 

Commerce’s website. Responses to the 

Q&V questionnaire must be submitted 

by the relevant Chinese producers/ 

exporters no later than 5:00 p.m. ET on 

February 18, 2025, which is two weeks 

from the signature date of this notice. 

All Q&V questionnaire responses must 

be filed electronically via ACCESS. An 

electronically filed document must be 

received successfully, in its entirety, by 

ACCESS no later than 5:00 p.m. ET on 

the deadline noted above. 

Interested parties must submit 

applications for disclosure under 

administrative protective order (APO) in 

accordance with 19 CFR 351.305(b). As 

stated above, instructions for filing such 

applications may be found on 

Commerce’s website at https://

www.trade.gov/administrativeprotective-orders. 

Separate Rates 

In order to obtain separate rate status 

in an NME investigation, exporters and 

producers must submit a separate rate 

application. The specific requirements 

for submitting a separate rate 

application in an NME investigation are 

outlined in detail in the application 

itself, which is available on Commerce’s 

website at https://access.trade.gov/ 

Resources/nme/nme-sep-rate.html. Note 

that Commerce recently promulgated 

new regulations pertaining to separate 

rates, including the separate rate 

application deadline and eligibility for 

separate rate status, in 19 CFR 

351.108.36 Pursuant to 19 CFR 

351.108(d)(1), the separate rate 

application will be due 21 days after 

publication of this initiation notice.37

Exporters and producers must file a 

timely separate rate application if they 

want to be considered for individual 

examination. In addition, pursuant to 19 

CFR 351.108(e), exporters and 

producers who submit a separate rate 

application and have been selected as 

mandatory respondents will be eligible 

for consideration for separate rate status 

only if they fully respond to all parts of 

Commerce’s AD questionnaire and 

participate in the LTFV proceeding as 

mandatory respondents.38 Commerce 

requires that companies from China 

submit a response both to the Q&V 

questionnaire and to the separate rate 

application by the respective deadlines 

to receive consideration for separate rate 

status. Companies not filing a timely 

Q&V questionnaire response will not 

receive separate rate consideration. 

Use of Combination Rates 

Commerce will calculate combination 

rates for certain respondents that are 


KHAMMOND on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices 9319 

39See Enforcement and Compliance’s Policy 

Bulletin No. 05.1, regarding, ‘‘Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigation involving NME 

Countries,’’ (April 5, 2005), at 6 (emphasis added), 

available on Commerce’s website at https://access.

trade.gov/Resources/policy/bull05-1.pdf. 

40See section 733(a) of the Act. 

41 Id. 

42See 19 CFR 351.301(b). 

43See 19 CFR 351.301(b)(2). 

44See 19 CFR 351.301; see also Extension of Time 

Limits; Final Rule, 78 FR 57790 (September 20, 

2013) (Time Limits Final Rule), available at https:// 

www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013- 

22853.htm. 

45See 19 CFR 351.302; see also, e.g., Time Limits 

Final Rule. 

46See section 782(b) of the Act. 

47See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Additional information 

regarding the Final Rule is available at https://

access.trade.gov/Resources/filing/index.html. 

48See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings, 88 FR 67069 

(September 29, 2023). 

eligible for a separate rate in an NME 

investigation. The Separate Rates and 

Combination Rates Bulletin states: 

{w}hile continuing the practice of assigning 

separate rates only to exporters, all separate 

rates that {Commerce} will now assign in its 

NME investigation will be specific to those 

producers that supplied the exporter during 

the period of investigation. Note, however, 

that one rate is calculated for the exporter 

and all of the producers which supplied 

subject merchandise to it during the period 

of investigation. This practice applies both to 

mandatory respondents receiving an 

individually calculated separate rate as well 

as the pool of non-investigated firms 

receiving the {weighted average} of the 

individually calculated rates. This practice is 

referred to as the application of ‘‘combination 

rates’’ because such rates apply to specific 

combinations of exporters and one or more 

producers. The cash-deposit rate assigned to 

an exporter will apply only to merchandise 

both exported by the firm in question and 

produced by a firm that supplied the exporter 

during the period of investigation.39

Distribution of Copies of the Petition 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petition have been provided to 

the Government of China via ACCESS. 

To the extent practicable, we will 

attempt to provide a copy of the public 

version of the Petition to each exporter 

named in the Petition, as provided 

under 19 CFR 351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of our 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petition was filed, whether there is 

a reasonable indication that imports of 

temporary steel fencing from China are 

materially injuring, or threatening 

material injury to, a U.S. industry.40 A 

negative ITC determination will result 

in the investigation being terminated.41

Otherwise, this LTFV investigation will 

proceed according to statutory and 

regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (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). Section 351.301(b) 

of Commerce’s regulations requires any 

party, when submitting factual 

information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the 

information is being submitted 42 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.43 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in this 

investigation. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by 

Commerce. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301, 

or as otherwise specified by 

Commerce.44 For submissions that are 

due from multiple parties 

simultaneously, an extension request 

will be considered untimely if it is filed 

after 10:00 a.m. ET on the due date. 

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, we will 

inform parties in a letter or 

memorandum of the deadline (including 

a specified time) by which extension 

requests must be filed to be considered 

timely. An extension request must be 

made in a separate, standalone 

submission; under limited 

circumstances we will grant untimely 

filed requests for the extension of time 

limits, where we determine, based on 19 

CFR 351.302, that extraordinary 

circumstances exist. Parties should 

review Commerce’s regulations 

concerning the extension of time limits 

and the Time Limits Final Rule prior to 

submitting factual information in this 

investigation.45

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.46

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).47 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Parties wishing to participate in this 

investigation should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing the required 

letter of appearance). Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).48

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 

Dated: February 4, 2025. 

Christopher Abbott, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Appendix 

Scope of the Investigation 

The merchandise subject to this 

investigation is temporary steel fencing. 

Temporary steel fencing consists of 

temporary steel fence panels and temporary 

steel fence stands. Temporary steel fence 

panels, when assembled with temporary steel 

fence stands or other types of stands outside 

of the scope, with each other, or with posts, 

create a free-standing fence. Temporary steel 

fence panels are covered by the scope 

regardless of whether they attach to a stand 

or the type of stand to which they connect. 

Temporary steel fence panels have a 

welded frame of steel tubing and an interior 


KHAMMOND on DSK9W7S144PROD with NOTICES
9320 Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices 

1See Glycine from Japan: Final Results of 

Antidumping Duty Administrative Review; 2018– 

2020, 86 FR 53946 (September 29, 2021), and 

accompanying Issues and Decision Memorandum 

(IDM); and Glycine from Japan: Final Results of 

Administrative Review; 2018–2020; Correction, 86 

FR 57127 (October 14, 2021) (collectively, Final 

Results). 

2 Id. 

3See Nagase & Co. v. US, 628 F.Supp.3d 1326 

(CIT 2023). 

4See Final Results of Redetermination Pursuant 

to Court Remand, Nagase & Co. v. US, Court No. 

21–00574, Slip Op. 23–46 (CIT April 11, 2023), 

dated August 8, 2023, available at https://access.

trade.gov/public/FinalRemand

Redetermination.aspx. 

5See Nagase & Co., Ltd. v. US, 719 F.Supp.3d 

1343 (CIT 2024). 

6See Nagase & Co., Ltd. v. US, CAFC 2025–1008, 

ECF No. 22, Order of Dismissal (February 3, 2025). 

consisting of chain link, steel wire mesh, or 

other steel materials that are not more than 

10 millimeters in actual diameter or width. 

The steel tubing may surround all edges of 

the temporary steel fence panel or only be 

attached along two parallel sides of the 

panel. All temporary steel fence panels with 

at least two framed sides are covered by the 

scope, regardless of the number of edges 

framed with steel tubing. 

Temporary steel fence panels are typically 

between 10 and 12 feet long and six to eight 

feet high, though all temporary steel fence 

panels are covered by the scope regardless of 

dimension or weight as long as a single panel 

is over six square feet in actual surface area 

and weighs more than four pounds. 

Temporary steel fence panels may be square, 

rectangular, or have rounded edges, and may 

or may not have gates, doors, wheels, or 

barbed wire or other features, though all 

temporary steel fence panels are covered by 

the scope regardless of shape and other 

features. Temporary steel fence panels may 

have one or more horizontal, vertical, or 

diagonal reinforcement tubes made of steel 

welded to the inside frame, though all 

temporary steel fence panels are covered by 

the scope regardless of the existence, 

number, or type of reinforcement tubes 

attached to the panel. Temporary steel fence 

panels may have extensions, pins, tubes, or 

holes at the bottom of the panel, but all 

temporary steel fence panels are covered 

regardless of the existence of such features. 

Steel fence stands are shapes made of steel 

that stand flat on the ground and have one 

or two open tubes or solid pins into which 

temporary steel fence panels are inserted to 

stand erect. The steel fence stand may be 

made of welded steel tubing or may be a flat 

steel plate with one or two tubes or pins 

welded onto the plate for connecting the 

panels. 

Temporary steel fencing is covered by the 

scope regardless of coating, painting, or other 

finish. Both temporary steel fence panels and 

temporary steel fence stands are covered by 

the scope, whether imported assembled or 

unassembled, and whether imported together 

or separately. 

Subject merchandise includes material 

matching the above description that has been 

finished, assembled, or packaged in a third 

country, including by coating, painting, 

assembling, attaching to, or packaging with 

another product, or any other finishing, 

assembly, or packaging operation that would 

not otherwise remove the merchandise from 

the scope of the investigation if performed in 

the country of manufacture of the temporary 

steel fencing. 

Temporary steel fencing is included in the 

scope of this investigation whether or not 

imported attached to, or in conjunction with, 

other parts and accessories such as posts, 

hooks, rings, brackets, couplers, clips, 

connectors, handles, brackets, or latches. If 

temporary steel fencing is imported attached 

to, or in conjunction with, such non-subject 

merchandise, only the temporary steel 

fencing is included in the scope. 

Merchandise covered by this investigation 

is currently classified in the Harmonized 

Tariff Schedule of the United States (HTSUS) 

under the subheading 7308.90.9590. Subject 

merchandise may also enter under 

subheadings 7326.90.8688 and 7323.99.9080 

of the HTSUS. The HTSUS subheadings set 

forth above are provided for convenience and 

U.S. Customs purposes only. The written 

description of the scope is dispositive. 

[FR Doc. 2025–02442 Filed 2–10–25; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–588–878] 

Glycine From Japan: Notice of 

Amended Final Results of 

Antidumping Duty Administrative 

Review Pursuant to Settlement; 2018– 

2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) is issuing these 

amended final results pursuant to a 

settlement agreement with Nagase & Co., 

Ltd. (Nagase) with respect to the final 

results of the administrative review of 

glycine from Japan during the period of 

review (POR) October 31, 2018, through 

May 31, 2020. 

DATES: Applicable February 11, 2025. 

FOR FURTHER INFORMATION CONTACT: John 

K. Drury, 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) 482–0195. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 29, 2021, Commerce 

published the final results of the 2018– 

2020 administrative review of the 

antidumping duty (AD) order on glycine 

from Japan.1 In the Final Results, 

Commerce calculated a weightedaverage dumping margin of 27.71 

percent for Nagase for the POR.2

Following the publication of the Final 

Results, Nagase filed a lawsuit with the 

U.S. Court of International Trade (CIT) 

challenging certain aspects of 

Commerce’s Final Results, including: (1) 

Commerce’s inclusion of certain 

research and development (R&D) 

expenses unrelated to Nagase’s costs of 

producing glycine; (2) Commerce’s 

inclusion of compensation for payment 

expenses; and (3) Commerce’s refusal to 

modify the importer-specific AD 

assessment rate calculated for Nagase’s 

affiliated importer. On April 11, 2023, 

the CIT sustained, in part, and 

remanded, in part, Commerce’s final 

results.3 Commerce filed its remand 

redetermination on August 9, 2023. In 

its remand redetermination, Commerce 

modified its treatment of the R&D 

expenses at issue and made no changes 

to its calculation methodology of the 

importer-specific AD assessment rate for 

Nagase’s affiliated importer.4 The CIT 

sustained Commerce’s redetermination 

on July 30, 2024.5 On October 2, 2024, 

Nagase appealed the decision to the U.S. 

Court of Appeals for the Federal Circuit 

(Federal Circuit). 

On January 30, 2025, the United 

States and Nagase entered into an 

agreement to settle this dispute. 

Pursuant to the terms of settlement, the 

parties have agreed to a final assessment 

as discussed below. The Federal Circuit 

issued its order dismissing the appeal 

on February 3, 2025.6

Assessment Rates 

Consistent with the settlement 

agreement and the order of dismissal, 

issued on February 3, 2025, Commerce 

will instruct U.S. Customs and Border 

Protection (CBP) to liquidate all 

unliquidated entries produced by Yuki 

Gosei Kogyo Co., Ltd., exported by 

Nagase, and imported by Nagase 

America LLC or Nagase America 

Corporation at the rate at which cash 

deposits were collected at the time of 

entry during the 2018–2020 period of 

review and otherwise to liquidate 

entries of glycine produced by Yuki 

Gosei Kogyo Co., Ltd., exported by Yuki 

Gosei Kogyo Co., Ltd. or Nagase, and 

imported by an unaffiliated importer 

(i.e., an importer other than Nagase 

America LLC or Nagase America 

Corporation) at the importer-specific 

assessment rate determined by 

Commerce in the Final Results. 

Pursuant to section 751(a)(2)(C) of the 

Tariff Act of 1930, as amended (the Act), 

and 19 CFR 351.212(b)(1), Commerce 

has determined, and CBP shall assess, 

antidumping duties on all appropriate 


KHAMMOND on DSK9W7S144PROD with NOTICES