Notice2023-26722
Initiation of Antidumping and Countervailing Duty Administrative Reviews
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
December 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 233 (Wednesday, December 6, 2023)</title>
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[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84784-84788]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a> 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 <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a> 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
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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
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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 <a href="https://www.govinfo.gov/content/pkg/FR-2013-07-17/pdf/2013-17045.pdf">https://www.govinfo.gov/content/pkg/FR-2013-07-17/pdf/2013-17045.pdf</a>, 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
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
\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
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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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 <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>, 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
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