Notice2023-16818
Foundry Coke Products From the People's Republic of China: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on foundry coke products (foundry coke) from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 150 (Monday, August 7, 2023)</title>
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[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52114-52115]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16818]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-862]
Foundry Coke Products From the People's Republic of China: Final
Results of the Expedited Fourth Sunset Review of the Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the antidumping duty (AD) order on foundry coke products
(foundry coke) from the People's Republic of China (China) would be
likely to lead to continuation or recurrence of dumping at the levels
indicated in the ``Final Results of Sunset Review'' section of this
notice.
DATES: Applicable August 7, 2023.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482-2593.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 2001, Commerce published the antidumping duty
order on foundry coke from China.\1\ On April 3, 2023, Commerce
published the notice of initiation of the five-year sunset review of
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On April 18, 2023, Commerce received a notice of
intent to participate in this review from ABC Coke and SunCoke Energy,
Inc. (collectively, domestic interested parties) within the deadline
specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic interested
parties claimed interested party status under section 771(9)(C) of the
Act as manufacturers of a domestic like product in the United States.
On May 3, 2023, the domestic interested parties provided a complete
substantive response for this review within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).\4\ We received no substantive
responses from any other interested parties, nor was a hearing
requested. On May 26, 2023, Commerce notified the U.S. International
Trade Commission (ITC) that it did not receive an adequate substantive
response from respondent interested parties.\5\ As a result, pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted an expedited (120-day) sunset review of this Order.
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\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Foundry Coke Products
from the People's Republic of China, 66 FR 48025 (September 17,
2001) (Order).
\2\ See Initiation of Five-Year (Sunset) Review, 88 FR 19616
(April 3, 2023).
\3\ See Domestic Interested Parties' Letter, ``Notice of Intent
to Participate in the Fourth Sunset Review of the Antidumping Duty
Order,'' dated April 18, 2023.
\4\ See Domestic Interested Parties' Letter, ``Substantive
Response to Notice of Initiation of the Fourth Sunset Review of the
Antidumping Duty Order,'' dated May 3, 2023.
\5\ See Commerce's Letter, ``Sunset Reviews for April 2023,''
dated May 26, 2023.
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Scope of the Order
The product covered under the Order is coke larger than 100 mm (4
inches) in maximum diameter and at least 50 percent of which is
retained on a 100 mm (4 inch) sieve, of a kind used in foundries. The
foundry coke products subject to the Order were classifiable under
subheading 2704.00.00.10 (as of January 1, 2000) and are currently
classifiable under subheading 2704.00.00.11 (as of July 1, 2000) of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS subheadings are provided for convenience and Customs purposes,
our written description of the scope of the Order is dispositive.\6\
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\6\ For a complete description of the scope, see Memorandum
``Issues and Decision Memorandum for the Final Results of the
Expedited Fourth Sunset Review of the Antidumping Duty Order on
Foundry Coke Products from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
All issues raised in this review, including the likelihood of
continuation or recurrence of dumping in the event of revocation of the
Order and the magnitude of the margins likely to prevail if the Order
were revoked, are addressed in the accompanying Issues and Decision
Memorandum.\7\ A list of topics discussed in the Issues and Decision
Memorandum is included as an appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
[[Page 52115]]
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\7\ Id.
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to the continuation or recurrence of dumping, and that the
magnitude of the dumping margins likely to prevail would be weighted-
average dumping margins up to 214.89 percent.
Administrative Protective Order (APO)
This notice serves as the only reminder to interested parties
subject to an APO of their responsibility concerning the return or
destruction of proprietary information disclosed under APO in
accordance with 19 CFR 351.305. Timely 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 violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: August 1, 2023.
Lisa W. Wang,
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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-16818 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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