Notice2023-23963
Foundry Coke Products From the People's Republic of China: Continuation 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
October 31, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on foundry coke products (foundry coke) from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 209 (Tuesday, October 31, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74432-74433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23963]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-862]
Foundry Coke Products From the People's Republic of China:
Continuation of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on foundry coke
products (foundry coke) from the People's Republic of China (China)
would likely lead to the continuation or recurrence of dumping and
material injury to an industry in the United States, Commerce is
publishing a notice of continuation of the AD order.
DATES: Applicable October 25, 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 in the Federal Register
the AD order on foundry coke from China.\1\ On April 3, 2023, the ITC
instituted,\2\ and Commerce initiated,\3\ the fourth sunset review of
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its review, Commerce determined that
revocation of the Order would likely lead to continuation or recurrence
of dumping and, therefore, notified the ITC of the magnitude of the
margins likely to prevail should the Order be revoked.\4\
---------------------------------------------------------------------------
\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 Foundry Coke Products from China; Institution of a Five-
Year Review, 88 FR 19674 (April 3, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 19616
(April 3, 2023).
\4\ See Foundry Coke Products from the People's Republic of
China: Final Results of the Expedited Fourth Sunset Review of the
Antidumping Duty Order, 88 FR 52114 (August 7, 2023), and
accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
On October 25, 2023, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Order
would
[[Page 74433]]
likely lead to continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time.\5\
---------------------------------------------------------------------------
\5\ See Foundry Coke From China; Determination, 88 FR 73377
(October 25, 2023).
---------------------------------------------------------------------------
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.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or a
recurrence of dumping, and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of the Order. U.S. Customs and
Border Protection will continue to collect AD cash deposits at the
rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the Order is October 25,
2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Order not later than 30 days prior to the fifth anniversary of
the date of the last determination by the ITC.
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
Administrative Protective Order (APO)
This notice also serves as the only reminder to 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(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
section 751(c) and 751(d)(2) of the Act and published in accordance
with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: October 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-23963 Filed 10-30-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 31, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.