ITC Investigation 701-TA-681 is a U.S. International Trade Commission antidumping (AD) proceeding on White Grape Juice Concentrate from Argentina; Inv. No. 701-TA-681 and 731-TA-1591 (Final) from Argentina. It's in the final phase and currently in completed status. It links to AD/CVD case A-357-825 — see the linked order for the active deposit rate, scope text, and Federal Register citation.
Phase, parties, documents, and full text from USITC IDS
White Grape Juice Concentrate from Argentina; Inv. No. 701-TA-681 and 731-TA-1591 (Final)
ITC final injury determination completed.
Parties
Documents
Full text (162,368 chars)
=== Determination – AD – Preliminary - Argentina === 66269Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 8 See Order, 84 FR 18775. during the POR, the net countervailable subsidy rates for the producers/ exporters under review are as follows: Producer/exporter Subsidy rate (percent ad valorem) Hyundai RB Co., Ltd ................................................................................................................................................................ 1.66 SeAH Steel Corporation 1 ........................................................................................................................................................ * 0.31 Review-Specific Average Rate Applicable to the Following Companies Chang Won Bending Co., Ltd ................................................................................................................................................. 1.66 Dong Yang Steel Pipe Co., Ltd ............................................................................................................................................... 1.66 EEW Korea Co., Ltd ................................................................................................................................................................ 1.66 HiSteel Co., Ltd ....................................................................................................................................................................... 1.66 1 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with SeAH Steel Corporation: SeAH Holdings Corporation and ESAB SeAH Corporation. The subsidy rates apply to all cross-owned companies. * De minimis. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with the final results of review within five days of a public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because we have made no changes from the Preliminary Results, there are no calculations to disclose. Assessment Rates Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable ad valorem assessment rates. We intend to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Instructions In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above based on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all non- reviewed firms subject to the Order, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific rate or the all-others rate (9.29 percent), as appropriate.8 These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: October 28, 2022. 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. Subsidies Valuation Information V. Analysis of Programs VI. Discussion of the Comments Comment 1: Whether the Demand Response Resources (DRR) Program Is Countervailable Comment 2: Whether Restriction of Special Taxation Act (RSTA) Article 7 Is De Jure Specific Comment 3: Whether Certain Programs Are De Facto Specific Comment 4: Whether the Energy Storage Systems (ESS) Program Is Specific Comment 5: Whether to Allocate Benefits from the Process Quality Technology Development Project to the POR Comment 6: Whether the Employment Security Improvement (ESI) Program Is Countervailable VII. Recommendation [FR Doc. 2022–23920 Filed 11–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–825] White Grape Juice Concentrate From Argentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that white grape juice concentrate (WGJC) from Argentina is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 3, 2022. FOR FURTHER INFORMATION CONTACT : Myrna Lobo or Jacob Saude, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2371 or (202) 482–0981, respectively. VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 66270 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 1 See White Grape Juice Concentrate from Argentina: Initiation of Less-Than-Fair-Value Investigation, 87 FR 24934 (April 27, 2022) (Initiation Notice). 2 See White Grape Juice Concentrate from Argentina: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 87 FR 51969 (August 24, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of White Grape Juice Concentrate from Argentina’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 Although Commerce received comments within this deadline from Delano Growers Grape Products, LLC (the petitioner), these comments did not relate to the scope language published in the Initiation Notice. See Petitioner’s Letter, ‘‘Petition for the Imposition of Antidumping and Countervailing Duties: White Grape Juice Concentrate from Argentina,’’ dated May 24, 2022. 7 With two respondents under examination, Commerce normally calculates (A) a weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged U.S. sales values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53662 (September 1, 2010), and accompanying Issues and Decision Memorandum, at Comment 1; see also Memorandum, ‘‘Calculation of the All-Others Rate for the Preliminary Determination,’’ dated October 27, 2022. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 27, 2022. 1 On August 24, 2022, Commerce postponed the preliminary determination of this investigation until October 27, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is white grape juice concentrate from Argentina. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice.6 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding rates that are zero or de minimis, or that are determined entirely under section 776 of the Act. In this investigation, Commerce calculated estimated weighted-average dumping margins for Cepas Argentinas S.A. (Cepas) and Federacion de Cooperativas Vitivinicolas Argentinas Coop. Ltda. (Fecovita), the two mandatory respondents, that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged values for the merchandise under consideration. 7 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer/exporter Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) 1 Cepas Argentinas S.A. .................................................................................................................... 12.21 8.50 Federacion de Cooperativas Vitivinicolas Argentinas Coop. Ltda 2 ................................................ 27.17 23.77 All Others ......................................................................................................................................... 19.43 15.88 1 In the preliminary determination of the companion countervailing duty (CVD) proceeding, Commerce found that certain of the programs con- ferring a benefit to the two mandatory respondents, Cepas and Fecovita, were export contingent subsidies. In accordance with section 772(c)(1)(C) of the Act, we have preliminarily relied on the CVD rates of 3.71 and 3.40 percent (i.e., the rates only related to export contingent subsidies) calculated for Cepas and Fecovita, respectively, as well as the CVD all others rate of 3.55 percent, for purposes of determining the preliminary antidumping duty cash deposit rate. See White Grape Juice Concentrate from Argentina: Preliminary Affirmative Countervailing Duty Determination, 87 FR 54455 (September 6, 2022), and accompanying calculation memoranda for Cepas, Fecovita, and all others. 2 Fecovita is also known as ‘‘Fecovita Coop. Ltd.’’ See Memorandum, ‘‘Less-Than-Fair-Value Investigation of White Grape Juice Concentrate from Argentina: Respondent Selection,’’ dated June 7, 2022. VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 66271Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 9 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 10 See Fecovita’s Letter, ‘‘Antidumping Duty Investigation of White Grape Juice Concentrate from Argentina: Request to Extend Final Determination,’’ dated October 14, 2022; see also Cepas’s Letter, ‘‘Antidumping Investigation of White Grape Juice Concentrate from Argentina: Request for Extension of Deadline for Final Determination, In Event of Affirmative Preliminary Determination,’’ dated October 17, 2022. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion CVD proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate CVD rate. Any such adjusted cash deposit rate may be found in the ‘‘Preliminary Determination’’ section above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.8 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 9 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On October 14 and 17, 2022, pursuant to 19 CFR 351.210(e), Fecovita and Cepas requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.10 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c) and 19 CFR 351.210(g). VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 66272 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices Dated: October 27, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The scope of this investigation covers white grape juice concentrate with a Brix level of 65 to 68, whether in frozen or non- frozen forms. White grape juice concentrate is concentrated grape juice produced from grapes of the Vitis vinifera L. species with a white flesh, including fresh market table grapes and raisin grapes (e.g., Thompson Seedless), as well as several varietals of wine grapes (e.g., Chardonnay, Chenin Blanc, Sauvignon Blanc, Colombard, etc.). The scope of this investigation covers white grape juice concentrate regardless of whether it has been certified as kosher, organic, or organic kosher. The white grape juice concentrate subject to this investigation consists of 100 percent grape juice with no other types of juice intermixed and no additional sugars or additives included. The scope does not cover white grape juice concentrate produced from grapes of the Vitis labrusca species (e.g., Niagara). The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 2009.69.0040 and 2009.69.0060. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Postponement of Final Determination and Extension of Provisional Measures VII. Affiliation VIII. Discussion of the Methodology IX. Currency Conversion X. Adjustments to Cash Deposit Rates for Export Subsidies in Companion Countervailing Duty Investigation XI. Recommendation [FR Doc. 2022–23924 Filed 11–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 10–6A001] Export Trade Certificate of Review ACTION : Notice of application for an amended Export Trade Certificate of Review for Alaska Longline Cod Commission, Application No. 10– 6A001. SUMMARY : The Secretary of Commerce, through the Office of Trade and Economic Analysis (‘‘OTEA’’) of the International Trade Administration, has received an application for an amended Export Trade Certificate of Review (‘‘Certificate’’). This notice summarizes the proposed amendment and seeks public comments on whether the amended Certificate should be issued. FOR FURTHER INFORMATION CONTACT : Joseph Flynn, Director, OTEA, International Trade Administration, by telephone at (202) 482–5131 (this is not a toll-free number) or email at etca@ trade.gov. SUPPLEMENTARY INFORMATION : Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001–21) (‘‘the Act’’) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325. OTEA is issuing this notice pursuant to 15 CFR 325.6(a), which requires the Secretary of Commerce to publish a summary of the application in the Federal Register, identifying the applicant and each member and summarizing the proposed export conduct. Request for Public Comments Interested parties may submit written comments relevant to the determination whether a Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential. Written comments should be sent to etca@trade.gov. An original and two (2) copies should also be submitted no later than 20 days after the date of this notice to Office of Trade and Economic Analysis, International Trade Administration, U.S. Department of Commerce, Room 21028, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 10–6A001.’’ Summary of the Application Applicant: Alaska Longline Cod Commission, c/o Mundt MacGregor L.L.P., 271 Wyatt Way NE, Suite 106, Bainbridge Island, WA, 98110. Contact: Duncan McIntosh, Attorney at Law. Application No.: 10–6A001. Date Deemed Submitted: October 21, 2022. Proposed Amendment: Alaska Longline Cod Commission (‘‘ALCC’’) seeks to amend its Certificate as follows: 1. Under Export Trade, change references of Export Product to Export Products. 2. Add the following six products as Export Products within the meaning of section 325.2(j) of the Regulations (15 CFR 325.2(j)): a. cod heads b. cod collars c. cod roe d. cod chu e. cod milt f. ray wings 3. Change the reference to Export Product in the following sentence: Change ‘‘Frozen-at-sea means that the Export Product is frozen on the catcher- processor vessel while at-sea immediately after being headed and gutted.’’ to ‘‘Frozen-at-sea means that the Alaska cod is frozen on the catcher- processor vessel while at-sea immediately after being headed and gutted.’’ The proposed amendment would result in the following Export Products under Export Trade in the Certificate: Export Products ALCC plans to export frozen at-sea, headed and gutted, Alaska cod (Gadus macrocephalus), also known as Pacific cod. Headed and gutted means the head and viscera are removed prior to freezing. Frozen-at-sea means that the Alaska cod is frozen on the catcher- processor vessel while at-sea immediately after being headed and gutted. ALCC also plans to export byproducts of ALCC frozen-at-sea, headed and gutted Alaska cod: cod heads; cod collars; cod roe; cod chu; cod milt; and ray wings. The cod heads, cod collars, cod roe, cod chu, and cod milt are derived from parts of the Alaska cod remaining after the heading-and-gutting of the cod to produce frozen-at-sea headed and gutted Alaska cod. The ray wings are derived from Alaska skate, which is caught incidentally while targeting Alaska cod. VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - Argentina === 58061Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / Notices 1 See Petitioner’s Letter, ‘‘Petitioner’s Request for Alignment of the CVD Determination with the AD Determination,’’ dated June 27, 2022. 2 See White Grape Juice Concentrate from Argentina: Preliminary Affirmative Countervailing Duty Determination, 87 FR 54455 (September 6, 2022) (Preliminary Determination). 1 The petitioner in the UAN proceedings was CF Industries Nitrogen, LLC and its subsidiaries, Terra Nitrogen, Limited Partnership and Terra International (Oklahoma) LLC (collectively, the petitioner). 2 See Investigation of Urea Ammonium Nitrate Solutions from the Russian Federation: Opportunity to Comment on the Russian Federation’s Status as a Market Economy Country Under the Antidumping Duty Laws, 86 FR 41008 (July 30, 2021). 3 See Memorandum, ‘‘Review of Russia’s Status as a Market Economy Country,’’ dated October 29, 2021. 1 Actual quantity will be limited to remaining excess inventory. 2 Strategic and Critical Materials collected from E-Waste (Strategic Materials collected from electronics waste). [FR Doc. 2022–20687 Filed 9–22–22; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [C–357–826] White Grape Juice Concentrate From Argentina: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With the Final Antidumping Duty Determination; Correction AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION : Notice; correction. SUMMARY : The U.S. Department of Commerce (Commerce) published a notice in the Federal Register on September 6, 2022, in which Commerce announced the preliminary affirmative determination in the countervailing duty (CVD) investigation of white grape juice concentrate (WGJC) from Argentina. In that notice, Commerce did not state that it is aligning the final CVD determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of WGJC from Argentina. We are correcting this error with this notice, as described below. FOR FURTHER INFORMATION CONTACT : Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION : Correction In the Federal Register of September 6, 2022, in FR Doc 2022–19190, on page 54455, after the paragraph, ‘‘Methodology,’’ add the following paragraph regarding alignment: ‘‘Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of WGJC from Argentina, based on a request made by the petitioner. 1 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than January 10, 2023, unless postponed.’’ Background On September 6, 2022, Commerce published in the Federal Register the Preliminary Determination in the CVD investigation on WGJC from Argentina. 2 In that notice, Commerce did not state, as it had in the accompanying Preliminary Decision Memorandum, that it is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of WGJC from Argentina. Commerce is hereby correcting the Preliminary Determination. Notification to Interested Parties This notice is issued and published in accordance with sections 703(f) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.205(c). Dated: September 16, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–20664 Filed 9–22–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–831, A–821–835] Urea Ammonium Nitrate Solutions From the Russian Federation: Termination of Antidumping Duty Changed Circumstances Review; Emulsion Styrene-Butadiene Rubber From the Russia Federation: Notification of Intent To Investigate Whether the Russian Federation is a Market Economy AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) is terminating the changed circumstances review (CCR) under the antidumping duty (AD) investigation of urea ammonium nitrate solutions (UAN) from the Russian Federation (Russia), in which Commerce was examining whether Russia has remained a market economy (ME) country for purposes of the AD law. The examination of whether Russia has remained an ME country for purposes of the AD law is now being continued within the context of the emulsion styrene-butadiene rubber (ESBR) investigation from Russia. DATES : Applicable September 23, 2022. FOR FURTHER INFORMATION CONTACT : Leah Wils-Owens, Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4203, email: Leah.Wils-Owens@trade.gov. SUPPLEMENTARY INFORMATION : Background On June 30, 2021, Commerce received petitions for the imposition of AD and countervailing duties (CVD) on UAN imported into the United States from Russia and the Republic of Trinidad and Tobago. In the petitions, 1 the petitioner stated that information that was reasonably available to it indicated that Russia does not operate on market principles. As such, the petitioner argued that Commerce should initiate an investigation into whether, and should determine that, Russia is a non- market economy (NME) country. After finding that the petitioner’s allegation met the requirements of section 732 of the Tariff Act of 1930, as amended (the Act), on July 30, 2021, Commerce initiated an AD investigation of UAN from Russia, as well as an examination of Russia’s status as an ME country. 2 On October 29, 2021, based on the information on the record, Commerce determined that Russia remained an ME country for purposes of AD law.3 However, in its determination, Commerce noted that, VerDate Sep<11>2014 17:04 Sep 22, 2022 Jkt 256001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\23SEN1.SGM 23SEN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Scheduling (1) === 75066 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices INTERNATIONAL TRADE COMMISSION [USITC SE–22–054] Sunshine Act Meetings Agency Holding the Meeting: United States International Trade Commission. TIME AND DATE : December 12, 2022 at 11 a.m. PLACE : Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS : Open to the public. MATTERS TO BE CONSIDERED : 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Commission vote on Inv. No. 731– TA–638 (Fifth Review) (Stainless Steel Wire Rod from India). The Commission currently is scheduled to complete and file its determinations and views of the Commission on December 20, 2022. 5. Outstanding action jackets: none. CONTACT PERSON FOR MORE INFORMATION : Tyrell Burch, Management Analyst, 202–205–2595. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission: Issued: December 5, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–26709 Filed 12–5–22; 4:15 pm] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–681 and 731– TA–1591 (Final)] White Grape Juice Concentrate From Argentina; Scheduling of the Final Phase of Anti-Dumping and Countervailing Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation nos. 701–TA–681 and 731–TA–1591 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of white grape juice concentrate (‘‘WGJC’’) from Argentina, provided for in subheading 2009.69.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be subsidized and sold at less-than-fair-value. DATES : November 3, 2022. FOR FURTHER INFORMATION CONTACT : Ahdia Bavari ((202) 205–3191), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.— For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘white grape juice concentrate with a Brix level of 65 to 68, whether in frozen or non-frozen forms. White grape juice concentrate is concentrated grape juice produced from grapes of the Vitis vinifera L. species with a white flesh, including fresh market table grapes and raisin grapes (e.g., Thompson Seedless), as well as several varietals of wine grapes (e.g., Chardonnay, Chenin Blanc, Sauvignon Blanc, Colombard, etc.). The scope of this investigation covers white grape juice concentrate regardless of whether it has been certified as kosher, organic, or organic kosher. The white grape juice concentrate subject to this investigation consists of 100 percent grape juice with no other types of juice intermixed and no additional sugars or additives included. The scope does not cover white grape juice concentrate produced from grapes of the Vitis labrusca species (e.g., Niagara). The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 2009.69.0040 and 2009.69.0060. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive.’’ Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in Argentina of WGJC, and that such products are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on March 31, 2022 by Delano Growers Grape Products, LLC, Delano, California. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the VerDate Sep<11>2014 19:54 Dec 06, 2022 Jkt 259001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1 ddrumheller on DSK6VXHR33PROD with NOTICES 75067Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on March 2, 2023, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission’s rules. Hearing.— The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on March 16, 2023. Information about the place and form of the hearing, including about how to participate in and/or view the hearing, will be posted on the Commission’s website at https://www.usitc.gov/ calendarpad/calendar.html. Interested parties should check the Commission’s website periodically for updates. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before March 9, 2023. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigations, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3pm the business day prior to the hearing. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on March 14, 2023. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than 4:00pm on March 15, 2023. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission’s rules; the deadline for filing is March 9, 2023. Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is March 23, 2023. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before March 23, 2023. On April 13, 2023, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before April 17, 2023, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https://www.usitc.gov/documents/ handbook_on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: December 1, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–26521 Filed 12–6–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1330 (Review)] Dioctyl Terephthalate from South Korea; Notice of Commission Determination To Conduct a Full Five- Year Review AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice that it will proceed with a full review pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty order on dioctyl terephthalate from South Korea would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date. DATES : October 4, 2022. FOR FURTHER INFORMATION CONTACT : Christopher S. Robinson (202–205– 2602), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT : For further information concerning the conduct of this review and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). SUPPLEMENTARY INFORMATION : : On October 4, 2022, the Commission determined that it should proceed to a VerDate Sep<11>2014 19:54 Dec 06, 2022 Jkt 259001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1 ddrumheller on DSK6VXHR33PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Scheduling (2) === 14177Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices BURDEN BREAKDOWN—Continued Citation 30 CFR 250 subpart E Reporting and recordkeeping requirements Hour burden Average number of annual responses Annual burden hours (rounded) 530(a) ................................. Submit correction action plan to District Man- ager; notify BSEE after completion of cor- rected action within 30 days. 13 ................................ 74 plans ...................... 962 530(b) ................................. Submit the casing pressure diagnostic test data within 14 days. 2.5 ............................... 68 submittals .............. 170 Total Hour Burden ....... 5,898 Responses ........ 17,985 An agency may not conduct, or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Kirk Malstrom, Chief, Regulations and Standards Branch. [FR Doc. 2023–04624 Filed 3–6–23; 8:45 am] BILLING CODE 4310–VH–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–681 and 731– TA–1591 (Final)] White Grape Juice Concentrate From Argentina; Revised Schedule for the Subject Investigations AGENCY : United States International Trade Commission. ACTION : Notice. DATES : February 28, 2023. FOR FURTHER INFORMATION CONTACT : Ahdia Bavari (202–205–3191), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Effective November 3, 2022, the Commission published its schedule for the final phase of these investigations (87 FR 75066, December 7, 2022). On February 23, 2023, counsel for the petitioner, Delano Growers Grape Products, LLC, and counsel for respondents, Cepas Argentinas S.A. and Federacio´ n de Cooperativas Vitivinicolas Argentinas Coop. Ltda., filed with the Secretary to the Commission requests that the schedule in these investigations be modified to give the Department of Commerce (Commerce) and the parties to these investigations the opportunity to fully consider the proposed agreements suspending the antidumping and countervailing duty investigations on white grape juice concentrate from Argentina. The Commission granted these requests, in part, and is hereby revising its schedule. The Commission’s new schedule for these investigations is as follows: the prehearing staff report will be placed on the nonpublic record on March 13, 2023; the deadline for filing prehearing briefs is March 20, 2023; requests to appear at the hearing must be filed with the Secretary to the Commission not later than March 20, 2023; if deemed necessary, the prehearing conference will be held at 9:30 a.m. on March 23, 2023; the hearing will be held at 9:30 a.m. on March 27, 2023; the deadline for filing posthearing briefs is March 31, 2023; the Commission will make its final release of information on April 18, 2023; and final party comments are due on April 20, 2023. For further information concerning these proceedings, see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: March 2, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–04638 Filed 3–6–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1294] Certain High-Performance Gravity-Fed Water Filters and Products Containing the Same Notice of Request for Statements on the Public Interest AGENCY : U.S. International Trade Commission. ACTION : Notice. SUMMARY : Notice is hereby given that on February 28, 2023, the presiding administrative law judge issued an Initial Determination on Section 337 Violation and a Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting public interest comments from the public only. FOR FURTHER INFORMATION CONTACT : Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3115. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION : Section 337 of the Tariff Act of 1930 (‘‘Section 337’’) provides that if the Commission finds a violation it shall exclude the articles concerned from the United States unless the public interest factors listed in 19 U.S.C. 1337(d)(1) prevent such action. VerDate Sep<11>2014 19:49 Mar 06, 2023 Jkt 259001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Suspension - AD - Argentina === 17808 Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices 2 See Petitioners’ Letter, ‘‘Petitioner’s Request for Extension of Preliminary Determination Deadline,’’ dated March 17, 2023. The petitioners are Cleveland-Cliffs Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. 3 Id. 4 Postponing the preliminary determination to 130 days after initiation would place the deadline on Saturday, June 17, 2023, and the following Monday, June 19, 2023 is a Federal holiday. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 1 See White Grape Juice Concentrate from Argentina: Initiation of Less-Than-Fair-Value Investigation, 87 FR 24934 (April 27, 2022). 2 See White Grape Juice Concentrate from Argentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 66269 (November 3, 2022) (Preliminary Determination). 3 See Commerce’s Letter, ‘‘Consultations on Potential Agreement Suspending the Antidumping Duty (AD) Investigation on White Grape Juice Concentrate from Argentina,’’ dated December 21, 2022. 4 See Commerce’s Letter, ‘‘Draft Agreement Suspending the Antidumping Duty Investigation on White Grape Juice Concentrate from Argentina,’’ dated February 13, 2023. 5 See Commerce’s Letter, ‘‘Initialed Draft Suspension Agreements,’’ dated February 14, 2023. 6 See Commerce’s Letter, ‘‘Draft Agreement Suspending the Antidumping Duty Investigation on White Grape Juice Concentrate from Argentina: Assessment of Statutory Requirements Memorandum,’’ dated February 14, 2023. 7 See Petitioner’s Letter, ‘‘Comments in support of the Suspension Agreements in the Anti-dumping and Countervailing duty of White Grape Juice Concentrate (WGJC) from Argentina,’’ dated March 13, 2023; see also Cepas and Fecovita’s Letter, ‘‘Comments on Draft Suspension Agreements on Behalf of Exporters of White Grape Juice Concentrate from Argentina,’’ dated March 13, 2023. Commerce postpone the preliminary CVD determination. 2 The petitioners stated that additional time is needed to collect the necessary information for the preliminary determination. 3 In accordance with 19 CFR 351.205(e), the petitioners have stated the reasons for requesting a postponement of the preliminary determination, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, i.e., June 20, 2023.4 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: March 20, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–06114 Filed 3–23–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–825] White Grape Juice Concentrate From Argentina: Suspension of Antidumping Duty Investigation AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) has suspended the antidumping duty investigation on white grape juice concentrate (WGJC) from Argentina. The basis for this action is an agreement between Commerce and signatory producers/exporters accounting for substantially all imports of WGJC from Argentina, wherein each signatory producer/exporter has agreed to revise its prices to eliminate completely the injurious effects of exports of the subject merchandise to the United States. DATES : Applicable March 17, 2023. FOR FURTHER INFORMATION CONTACT : Sally C. Gannon or David Cordell, Bilateral Agreements Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0162 or (202) 482–0408, respectively. SUPPLEMENTARY INFORMATION : Background On April 20, 2022, Commerce initiated an antidumping duty investigation under section 732 of the Tariff Act of 1930, as amended (the Act), to determine whether imports of WGCJ from Argentina are being, or are likely to be, sold in the United States at less than fair value (LTFV). 1 On May 16, 2022, the U.S. International Trade Commission (ITC) notified Commerce of its affirmative preliminary injury determination. On November 3, 2022, Commerce preliminarily determined that WGCJ from Argentina is being, or is likely to be, sold in the United States at LTFV, as provided in section 733 of the Act, and postponed the final determination in the investigation until no later than 135 days after the date of publication of the Preliminary Determination in the Federal Register.2 On December 21, 2022, Commerce issued a letter that formally opened consultations with Federacio´ n de Cooperativas Vitivinicolas Argentinas Coop. Ltda (Fecovita) and any other producers/exporters of WGJC from Argentina with respect to a possible antidumping duty suspension agreement under section 734(c) of the Act.3 Since that time, Commerce has continued to negotiate with representatives of the Argentine producers/exporters and, in parallel, has continually consulted with the petitioner, Delano Growers Grape Products. On February 13, 2023, Commerce and representatives of certain producers/ exporters initialed a proposed agreement to suspend the antidumping duty investigation on WGJC from Argentina. Consistent with section 734(e) of the Act, Commerce notified the petitioner and the other parties, released the initialed draft agreement to the interested parties, and invited interested parties to provide written comments on the draft suspension agreement by no later than the close of business on March 13, 2023.4 Consistent with 734(e)(1) of the Act, Commerce consulted with the petitioner concerning its intention to suspend the antidumping duty investigation on WGJC from Argentina. Commerce also notified the ITC of the proposed agreement,5 consistent with 734(e)(1) of the Act, and released a draft statutory memorandum explaining how the agreement will be implemented and enforced, and how the agreement will meet the applicable statutory requirements, consistent with section 734(e)(2) of the Act. 6 Commerce received comments from the petitioner and the mandatory respondents, Fecovita and Cepas Argentinas S.A. (Cepas), by the March 13, 2023, deadline. 7 On March 17, 2023, Commerce and representatives of the signatory producers/exporters accounting for substantially all imports of WGJC from Argentina signed the Agreement Suspending the Antidumping Duty Investigation on White Grape Juice Concentrate from Argentina (AD Agreement), attached hereto. Scope of Agreement See Section I, Product Coverage, of the AD Agreement. VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17809Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices 8 See Preliminary Determination, 87 FR at 66271. 9 See section 777(c)(1) of the Act; see also 19 CFR 351.103, 351.304, 351.305, and 351.306. Suspension of Investigation Commerce consulted with the Argentine WGJC producers/exporters and the petitioner and has considered the comments submitted by interested parties with respect to the draft suspension agreement. In accordance with section 734(c) of the Act, we have determined that extraordinary circumstances are present in this case, as defined by section 734(c)(2) of the Act. The AD Agreement provides that, in accordance with 734(c)(1) of the Act, the subject merchandise will be sold at or above the established reference price and, for each entry of each exporter, the amount by which the estimated normal value exceeds the export price (or the constructed export price) will not exceed 15 percent of the weighted- average amount by which the estimated normal value exceeded the export price (or the constructed export price) for all less-than-fair-value entries of the producer/exporter examined during the course of the investigation. We have determined that the AD Agreement will eliminate completely the injurious effect of exports to the United States of the subject merchandise and prevent the suppression or undercutting of price levels of domestic WGJC by imports of that merchandise from Argentina, as required by section 734(c)(1) of the Act. We have also determined that the AD Agreement is in the public interest and can be monitored effectively, as required under section 734(d) of the Act. For the reasons outlined above, we find that the AD Agreement meets the criteria of section 734(c) and (d) of the Act. The AD Agreement, signed March 17, 2023, is attached to this notice. International Trade Commission In accordance with section 734(f) of the Act, Commerce has notified the ITC of the AD Agreement. Suspension of Liquidation The suspension of liquidation ordered in the Preliminary Determination shall continue to be in effect, subject to section 734(h)(3) of the Act.8 Section 734(f)(2)(B) of the Act provides that Commerce may adjust the security required to reflect the effect of the AD Agreement. Commerce has found that the AD Agreement eliminates completely the injurious effects of imports and, thus, Commerce is adjusting the security required from signatory producers/exporters to zero. The security rates in effect for imports from any non-signatory producers/ exporters remain as published in the Preliminary Determination. If there is no request for review of suspension under section 734(h) of the Act, or if the ITC conducts such a review and finds that the injurious effect of imports of the subject merchandise is eliminated completely by the AD Agreement, Commerce will terminate the suspension of liquidation of all entries of WGJC from Argentina and refund any cash deposits collected on entries of WGJC from Argentina consistent with section 734(h)(3) of the Act. Notwithstanding the AD Agreement, Commerce will continue the investigation if it receives such a request within 20 days after the date of publication of this notice in the Federal Register, in accordance with section 734(g) of the Act. Pursuant to Section III of the AD Agreement, if Argentine producers/exporters accounting for a significant proportion of exports of WGJC from Argentina request continuation of the antidumping duty investigation, Commerce retains the right to modify or terminate this AD Agreement. Commerce may also modify or terminate the AD Agreement if the Government of Argentina requests continuation of the countervailing duty investigation on WGJC from Argentina. Administrative Protective Order Access The Administrative Protective Order (APO) Commerce granted in the investigation segment of this proceeding remains in place. While the investigation is suspended, parties subject to the APO may retain, but may not use, information received under that APO. All parties wishing access to business proprietary information submitted during the administration of the AD Agreement must submit new APO applications in accordance with Commerce’s regulations currently in effect.9 An APO for the administration of the AD Agreement will be placed on the record within five days of the date of publication of this notice in the Federal Register. We are issuing and publishing this notice in accordance with section 734(f)(1)(A) of the Act and 19 CFR 351.208(g)(2). Dated: March 17, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Agreement Suspending the Antidumping Duty Investigation on White Grape Juice Concentrate From Argentina Pursuant to the requirements of section 734(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.208, and in satisfaction of the requirements of those provisions, the U.S. Department of Commerce (Commerce) and the signatory producers and exporters of White Grape Juice Concentrate (WGJC) from Argentina (collectively, the Signatories) enter into this agreement suspending the antidumping duty investigation on WGJC from Argentina (AD Agreement). I. Product Coverage The merchandise covered by this AD Agreement is WGJC with a Brix level of 65 to 68, whether in frozen or non- frozen forms. WGJC is concentrated grape juice produced from grapes of the Vitis vinifera L. species with a white flesh, including fresh market table grapes and raisin grapes (e.g., Thompson Seedless), as well as several varietals of wine grapes (e.g., Chardonnay, Chenin Blanc, Sauvignon Blanc, Colombard, etc.). The scope of this AD Agreement covers WGJC regardless of whether it has been certified as kosher, organic, or organic kosher. The WGJC subject to this AD Agreement consists of 100 percent grape juice with no other types of juice intermixed and no additional sugars or additives included. The scope does not cover WGJC produced from grapes of the Vitis labrusca species (e.g., Niagara). The products covered by this AD Agreement are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 2009.69.0040 and 2009.69.0060. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive. II. Definitions For purposes of the AD Agreement, the following definitions apply: A. ‘‘Adjustment Mechanism’’ is the means by which the Reference Price(s) may change as described in Appendix I. B. ‘‘Anniversary Month’’ means the month in which the AD Agreement becomes effective. C. ‘‘Argentina’’ means the customs territory of Argentina and foreign trade VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17810 Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices 10 See White Grape Juice Concentrate from Argentina: Initiation of Less-Than-Fair-Value Investigation, 87 FR 24934 (April 27, 2022). zones located within the territory of Argentina. D. ‘‘Consignment Sales’’ means arrangements in which a seller (‘‘consignor’’) exports goods to an entity (‘‘consignee’’) in the United States, which takes custody and holds the goods without taking title to the goods. The consignee then either purchases the goods or sells the goods to a third party. The sale is considered to occur at the time at which the purchase (either by the consignee or the third party) occurs. The goods are not sold to the consignee or to the third-party buyer until after importation into the United States. E. ‘‘Date of Export’’ means the date on which the product is exported from Argentina to the United States. F. ‘‘Effective Date’’ means the date on which Commerce and the Signatories sign the AD Agreement. G. Quarter—means the relevant calendar quarter, consistent with the following schedule: Æ First Quarter—April 1–June 30 Æ Second Quarter—July 1–September 30 Æ Third Quarter—October 1–December 31 Æ Fourth Quarter—January 1–March 31 H. ‘‘Interested Party’’ means any person or entity that meets the definitions provided in section 771(9) of the Act. I. ‘‘Reference Price’’ means the minimum price at which merchandise subject to this AD Agreement can be sold in the United States. J. ‘‘Substantially all’’ of the subject merchandise means not less than 85 percent by value or volume. K. ‘‘United States’’ means the customs territory of the United States of America (the 50 States, the District of Columbia, and Puerto Rico) and foreign trade zones located within the territory of the United States. L. ‘‘Violation’’ means noncompliance with the terms of the AD Agreement, whether through an act or omission, except for noncompliance that is inconsequential or inadvertent and does not materially frustrate the purposes of the AD Agreement. M. ‘‘White Grape Juice Concentrate,’’ or ‘‘WGJC,’’ means the product described in Section I, ‘‘Product Coverage,’’ of the AD Agreement. Any term or phrase not defined by this section shall be defined using either a definition provided in the Act for that term or phrase, or the plain meaning of that term, as appropriate. III. Suspension of Investigation As of the Effective Date, in accordance with section 734(c) of the Act and 19 CFR 351.208, Commerce will suspend its antidumping duty investigation on WGJC from Argentina initiated on April 20, 2022, subject to the terms and provisions set out below.10 The Argentine producers/exporters of WGJC from Argentina and the Government of Argentina have indicated they will not exercise the right to request continuation of the antidumping duty or countervailing duty investigations, respectively, on WGJC from Argentina. If Argentine producers/exporters accounting for a significant proportion of exports of WGJC from Argentina request continuation of the antidumping duty investigation, Commerce retains the right to modify or terminate this AD Agreement. Commerce may also modify or terminate the AD Agreement if the Government of Argentina requests continuation of the countervailing duty investigation on WGJC from Argentina. IV. U.S. Import Coverage In accordance with section 734(c)(1) of the Act, the Signatories are the producers and exporters in Argentina which account for substantially all of the subject merchandise imported into the United States, within the meaning of 19 CFR 351.208(c). Commerce may at any time during the period of the AD Agreement require additional producers/exporters in Argentina to accede to the AD Agreement to ensure that not less than substantially all imports into the United States are subject to this AD Agreement. V. Statutory Conditions for the AD Agreement In accordance with section 734(c)(2) of the Act, Commerce has determined that extraordinary circumstances are present in this investigation because the suspension of the investigation will be more beneficial to the domestic industry than the continuation of the investigation and the investigation is complex. In accordance with section 734(d) of the Act, Commerce has determined that the suspension of the investigation is in the public interest and that effective monitoring of the AD Agreement by the United States is practicable. Section 734(a)(2)(B) of the Act provides that the public interest includes the relative impact on consumer prices and the availability of supplies of the merchandise, the relative impact on the international economic interests of the United States, and the relative impact on the competitiveness of the domestic industry producing the like merchandise, including any such impact on employment and investment in that industry. Accordingly, if a domestic producer requests an administrative review of the status of, and compliance with, the AD Agreement, Commerce will take these factors into account in conducting that review. If Commerce finds that the AD Agreement is not working as intended in this regard, Commerce will explore all appropriate measures, including renegotiation of the terms of the AD Agreement to resolve the problem or measures under section 751(d)(1) of the Act. VI. Price Undertaking Each Signatory individually agrees that, to prevent price suppression or undercutting, it will not sell in the United States, on or after the Effective Date, WGJC at prices that are less than the Reference Prices, as established in Appendix I. Each Signatory individually agrees that for each entry the amount by which the estimated normal value exceeds the export price (or the constructed export price) will not exceed 15 percent of the weighted-average amount by which the estimated normal value exceeded the export price (or constructed export price) for all less-than-fair-value entries of the producer/exporter examined during the course of the investigation, in accordance with the Act and Commerce’s regulations and procedures, including but not limited to the calculation methodologies described in Appendix II. VII. Monitoring of the AD Agreement A. Import Monitoring 1. Commerce will monitor entries of WGJC from Argentina to ensure compliance with Section VI of this AD Agreement. 2. Commerce will review publicly available data and other official import data, including, as appropriate, records maintained by U.S. Customs and Border Protection (CBP), to determine whether there have been imports that are inconsistent with the provisions of this AD Agreement. B. Compliance Monitoring 1. Commerce may require, and each Signatory agrees to provide confirmation through documentation provided to Commerce, that the price received on any sale subject to this AD Agreement was not less than the established Reference Prices. Commerce may require that such documentation be provided and be subject to verification. VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17811Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices 11 Signatories agree that shipping to the United States WGJC from Argentina with a Brix level from over 68 up to and including 70 could constitute circumvention of this AD Agreement. 2. Commerce may require, and each Signatory agrees to report in the prescribed format and using the prescribed method of data compilation, each sale of WGJC, either directly or indirectly to unrelated purchasers in the United States, including each adjustment applicable to each sale, as specified by Commerce. The information to be reported may include, for example, sales value (Ex Works), unit price, invoice price, date of sale, sales order number(s), importer of record, trading company, customer, customer relationship, destination, as well as any other information deemed by Commerce to be relevant. Each Signatory agrees to permit review and on-site inspection of all information deemed necessary by Commerce to verify the reported information. 3. Commerce may initiate administrative reviews under section 751(a) of the Act in the month immediately following the Anniversary Month, upon request or upon its own initiative, to ensure that exports of WGJC from Argentina satisfy the requirements of sections 734(c)(1)(A) and (B) of the Act. Commerce may conduct administrative reviews under sections 751(b) and (c) of the Act, and reviews regarding prevention of circumvention under section 781 of the Act, as appropriate. Commerce may perform verifications pursuant to administrative reviews conducted under section 751 of the Act. 4. At any time it deems appropriate, and without prior notice, Commerce will conduct verifications of persons or entities handling Signatory merchandise to determine whether they are selling Signatory merchandise in accordance with the terms of this AD Agreement. Commerce will also conduct verifications at locations and times it deems appropriate to ensure compliance with the terms of this AD Agreement. C. Shipping and Other Arrangements 1. The Reference Prices are expressed in U.S. Dollars ($) per Gallon, for WGJC from Argentina, in accordance with Appendix I. All Reference Prices are on the basis of Ex Works Argentina (i.e., from the Argentine production facility, packed for shipment to the United States) (for example, Ex Works Mendoza or Ex Works San Juan, Argentina). The Reference Prices include all expenses for WGJC incurred prior to shipment from the Argentine production facility. In accordance with the terms of sale, the final sales price to the first unaffiliated U.S. customer for all WGJC from Argentina exported directly, or indirectly through a third country, to the United States shall include all relevant movement and handling expenses beyond the point of departure from the Argentine production facility and in excess of the Reference Price, i.e., the Ex Works Argentina price. The Reference Prices may be adjusted by means of the Adjustment Mechanism described in Appendix I. 2. Signatories agree not to sell WGJC from Argentina in the United States by means of Consignment Sales, as defined in Section II.D. 3. Signatories agree not to take any action that would circumvent or otherwise evade, or defeat the purpose of, this AD Agreement.11 Signatories agree to undertake any measures that will help to prevent circumvention. 4. Not later than 30 days after the end of each Quarter, each Signatory will submit a written statement to Commerce certifying that all sales during the most recently completed Quarter were at net prices, after rebates, discounts, or other adjustments, at or above the Reference Prices in effect and were not part of or related to any act or practice which would have the effect of hiding the real price of the WGJC being sold. Further, each Signatory will certify in this same statement that all sales made during the relevant Quarter were not part of or related to any bundling arrangement, discounts/free goods/financing package, swap or other exchange where such arrangement is designed to circumvent the basis of the AD Agreement. Each Signatory will also include the quantity and value of sales and, separately, of shipments during the most recently completed Quarter. Each Signatory that did not export WGJC to the United States during any given Quarter will submit a written statement to Commerce certifying that it made no sales to the United States during the most recently completed Quarter. Each Signatory agrees to permit full verification of its certification as Commerce deems necessary. Failure to provide a quarterly certification may be considered a Violation of the AD Agreement. D. Rejection of Submissions Commerce may reject: (1) any information submitted after the deadlines set forth in this AD Agreement; (2) any submission that does not comply with the filing, format, translation, service, and certification of documents requirements under 19 CFR 351.303; (3) submissions that do not comply with the procedures for establishing business proprietary treatment under 19 CFR 351.304; and (4) submissions that do not comply with any other applicable regulations, as appropriate. If information is not submitted in a complete and timely fashion or is not fully verifiable, Commerce may use facts otherwise available for the basis of its decision, as it determines appropriate, consistent with section 776 of the Act. E. Consultations 1. Compliance Consultations a. When Commerce identifies, through import or compliance monitoring or otherwise, that sales may have been made at prices inconsistent with Section VI of this AD Agreement, or that the sales are otherwise in circumvention of this AD Agreement, Commerce will notify each Signatory which it believes is responsible or, if applicable, notify the Signatory’s representative. Commerce will consult with each such party for a period of up to 60 days to establish a factual basis regarding sales that may be inconsistent with Section VI of this AD Agreement. b. During the consultation period, Commerce will examine any information that it develops or which is submitted, including information requested by Commerce under any provision of this AD Agreement. c. If Commerce is not satisfied at the conclusion of the consultation period that sales by such Signatory are being made in compliance with Section VI of this AD Agreement, or that the sales are not circumventing this AD Agreement, Commerce may evaluate under section 351.209 of its regulations, or section 751 of the Act, whether this AD Agreement is being violated, as defined in Sections II.L and VIII of this AD Agreement, by such Signatory. d. These compliance consultation provisions do not limit Commerce’s ability to make an immediate determination under section 351.209(b) of its regulations when it determines that a Signatory has violated the AD Agreement. If Commerce concludes that sales by a Signatory have been made at prices inconsistent with Section VI of this AD Agreement, or that sales are circumventing the AD Agreement, Commerce shall take action, as warranted. The provisions of this section do not supersede the provisions of paragraphs VIII.A–VIII.C if Commerce determines that the entries were made at prices inconsistent with Section VI of this AD Agreement. 2. Operations Consultations Commerce will consult with the Signatories regarding the operation of VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17812 Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices this AD Agreement. Commerce or the Signatories, collectively, may request such consultations at any time, except for consultations to revise the Reference Prices which must be requested in accordance with the ‘‘Adjustment Mechanism’’ described in Appendix I. VIII. Violations of the AD Agreement A. If Commerce determines that a Violation of the AD Agreement has occurred or that the AD Agreement no longer meets the requirements of section 734(c) or (d) of the Act, Commerce shall take action it determines appropriate under section 734(i) of the Act and section 351.209 of Commerce’s regulations. B. Pursuant to section 734(i) of the Act, Commerce will refer to CBP any Violations of the AD Agreement that appear to be intentional. Any person who intentionally commits a Violation of the AD Agreement shall be subject to a civil penalty assessed in the same amount, in the same manner, and under the same procedures as the penalty imposed for a fraudulent violation of section 592(a) of the Act. A fraudulent violation of section 592(a) of the Act is punishable by a civil penalty in an amount not to exceed the domestic value of the merchandise. For purposes of the AD Agreement, the domestic value of the merchandise will be deemed to be not less than the Reference Prices, as the Signatories agree to not sell the subject merchandise at prices that are less than the Reference Prices and to ensure that sales of the subject merchandise are made consistent with the terms of the AD Agreement, including Section VI. C. In addition, Commerce will examine the activities of Signatories and any other party to a sale subject to the AD Agreement to determine whether any activities conducted by any party aided or abetted another party’s Violation of the AD Agreement. If any such parties are found to have aided or abetted another party’s Violation of the AD Agreement, they shall be subject to the same civil penalties described in Section VIII.B above. Signatories to this AD Agreement consent to release of all information presented to or obtained by Commerce during the conduct of verifications to CBP. D. Examples of activities which Commerce may deem to be Violations of the AD Agreement include: 1. Sales that are at net prices (after rebates, back-billing, discounts, and other claims) that are below the Reference Prices. 2. Any act or practice which would have the effect of hiding the real price of the WGJC being sold. 3. Any other material violation or breach, as determined by Commerce. IX. Disclosure and Comment This section provides the terms for disclosure and comment following consultations or during segments of the proceeding not involving a review under section 751 of the Act. A. Commerce may make available to representatives of each Interested Party, pursuant to and consistent with 19 CFR 351.304–351.306, any business proprietary information submitted to and/or collected by Commerce pursuant to Section VII of this AD Agreement, as well as the results of Commerce’s analysis of that information. B. If Commerce proposes to revise the Reference Price(s) as a result of consultations under Section VII.E.2, Commerce shall provide disclosures pursuant to the Adjustment Mechanism in Appendix I of this AD Agreement. C. The Signatories and any other Interested Party shall file all communications and other submissions via Commerce’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which is available to registered users at https://access.trade.gov and to all parties at the following address: U.S. Department of Commerce, Central Records Unit, Room B8024, 1401 Constitution Ave. NW, Washington, DC 20230. Such communications and submissions shall be filed consistent with the requirements provided in 19 CFR 351.303. X. Duration of the AD Agreement A. This AD Agreement has no scheduled termination date. Termination of the suspended investigation shall be considered in accordance with the five-year review provisions of section 751(c) of the Act, and section 351.218 of Commerce’s regulations. B. An individual Signatory may withdraw from this AD Agreement at any time. The Signatory’s withdrawal shall be effective no later than 60 days after the date written notice of withdrawal is provided to Commerce. C. Commerce or the Signatories, collectively, may withdraw from this AD Agreement at any time. Termination of the AD Agreement shall be effective no later than 60 days after the date the written notice of withdrawal is provided to the Signatories or Commerce, respectively. D. Upon termination of the AD Agreement, Commerce shall follow the procedures outlined in section 734(i)(1) of the Act. XI. Other Provisions A. Upon request, Commerce will advise any Signatory of Commerce’s methodology for calculating its export price (or constructed export price) and normal value in accordance with the Act and Commerce’s regulations and procedures, including but not limited to, the calculation methodologies described in Appendix II of this AD Agreement. B. By entering into the AD Agreement, the Signatories do not admit that exports of WGJC from Argentina are having or have had an injurious effect on WGJC producers in the United States, have caused the suppression or undercutting of price, or have been sold at less than fair value. C. As of the Effective Date, Commerce shall instruct CBP to refund any cash deposits collected as a result of the antidumping duty investigation on WGJC from Argentina. Commerce shall instruct CBP to terminate the suspension of liquidation consistent with section 734(f)(2)(B) of the Act. For the U.S. Department of Commerce: Ryan Majerus llllllllllll Deputy Assistant Secretary for Policy & Negotiations Enforcement and Compliance March 17, 2023 Date For the Argentine Signatory Producers and Exporters: The following parties hereby certify that the following producers/exporters of WGJC from Argentina, which have authorized the undersigned to sign this AD Agreement on their behalf, agree to abide by all terms of the AD Agreement: David Townsend llllllllll Counsel for Allub Hermanos S.R.L.; Cepas Argentinas S.A.; Enav S.A.; Jugos Australes S.A.; Jugos Y Vinos Andinos S.A.; Juviar S.A.; Mosto Mat S.A.; Recoleto S.A.; and Vin˜ a Montpellier S.A. March 17, 2023 Date Gregory J. Spak lllllllllll Counsel for Federacio´ n de Cooperativas Vitivinı´colas Argentinas Coop. Ltda March 17, 2023 Date Appendix I—Agreement Suspending the Antidumping Duty Investigation on White Grape Juice Concentrate From Argentina—Reference Prices Consistent with the requirements of section 734(c) of the Act, to eliminate completely the injurious effect of exports to the United States and to prevent the suppression or undercutting of price levels of domestic WGJC, the Reference Prices are as follows: VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17813Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices 12 The Reference Price for Standard WGJC shall apply also to WGJC sold as ‘‘de-ionized,’’ provided that the de-ionized WGJC does not qualify as either Organic or Kosher. In the latter cases, the Reference Price applicable to the relevant qualification (Organic or Kosher) applies. 13 ‘‘Export Limit’’ is defined in Section II.G of the Agreement Suspending the Countervailing Duty Investigation on White Grape Juice Concentrate from Argentina (CVD Agreement). 14 ‘‘Annual Export Limit Period’’ is defined in Section II.H of the CVD Agreement. 15 See Section VIII.B.2 of the CVD Agreement. 16 Typically, the ‘‘comparison market’’ would be the home market (i.e. Argentina). It could also be a Third-Country market if the home market is not viable under section 773 of the Act and 19 CFR 351.404. 17 If there are not commissions in both markets, then Commerce will apply a commission offset. The Ex Works Argentina (i.e., from the Argentine production facility, packed for shipment to the United States) Reference Prices for WGJC are: • U.S. $7.40 per gallon for Standard WGJC; 12 • U.S. $8.40 per gallon for Organic Standard WGJC; • U.S. $9.40 per gallon for Kosher WGJC; and • U.S. $11.40 per gallon for Organic Kosher WGJC. The Reference Prices include all expenses incurred prior to shipment from the Argentine production facility. In accordance with the terms of sale, the final sales price to the first unaffiliated U.S. customer for all WGJC from Argentina exported directly, or indirectly through a third country, to the United States shall include all relevant movement and handling expenses beyond the point of departure from the Argentine production facility (e.g., in Mendoza or San Juan, Argentina) and in excess of the Reference Prices, i.e., the Ex Works, Argentina, price. The parties agree to the following formulae for the conversions between metric tons and gallons: → 1 metric ton (MT) of 65–68 Brix WGJC = 198 gallons → 1 gallon of 65–68 Brix WGJC = 0.00505 MT Additional product types within the scope of the merchandise covered by this AD Agreement (see Section I, ‘‘Product Coverage’’) may be added to the AD Agreement. Signatories may request that Commerce add a new product type and corresponding Reference Price by filing a written public request on the official record of the AD Agreement. Within 10 days of the filing of the request, interested parties may comment on the requested product type, including whether the product type is within the scope of the merchandise covered by this AD Agreement and the appropriate Reference Price that should apply to the new product type. Commerce will consider such requests for new product types and issue a determination in a timely manner. Additional product types and the corresponding Reference Prices would apply to U.S. sales of all Signatories going forward. Adjustment Mechanism The Reference Price(s) may be adjusted via the following mechanism: Consultations on revisions to the Reference Prices may only occur after March 31, 2024, and pursuant to Operations Consultations requested by Commerce or the Signatories, collectively, under Section VII.E.2. Further, such consultations may be requested only if exports of WGJC from Argentina to the United States are equal to 100 percent of the Export Limit 13 by the end of March in the Annual Export Limit Period, 14 as reported by the Government of Argentina to Commerce 60 days following the end of March.15 If requested, such consultations shall be completed within 10 days, followed by Commerce’s disclosure of any preliminary revised Reference Prices and any relevant calculation methodology to interested parties, with an opportunity to comment provided thereafter. Commerce will normally issue any final revised Reference Prices within 30 days of a request for consultations. However, if needed and with good cause, Commerce may extend these consultation deadlines. If any extenuating circumstances occur in the U.S. market for WGJC, Commerce may, at its discretion, request consultations on revisions to the Reference Prices at any time pursuant to Section VII.E.2. Appendix II—Agreement Suspending the Antidumping Duty Investigation on White Grape Juice Concentrate From Argentina—Analysis of Prices at Less Than Fair Value A. Normal Value The cost or price information reported to Commerce that will form the basis of the normal value (NV) calculations for purposes of the AD Agreement must be comprehensive in nature and based on a reliable accounting system (e.g., a system based on well- established standards and can be tied either to the audited financial statements or to the tax return filed with the Argentine government). 1. Based on Sales Prices in the Comparison Market 16 When Commerce bases NV on sales prices, such prices will be the prices at which the foreign like product is first sold for consumption in the comparison market in the usual commercial quantities and in the ordinary course of trade. Also, to the extent practicable, the comparison shall be made at the same level of trade as the export price (EP) or constructed export price (CEP). Calculation of NV: Gross Unit Price +/¥Billing Adjustments ¥Movement Expenses ¥Discounts and Rebates ¥Direct Selling Expenses ¥Commissions ¥Comparison Market Packing Expenses = Normal Value (NV) 2. Constructed Value When NV is based on constructed value (CV), Commerce will compute CVs, as appropriate, based on the sum of each respondent’s costs, plus amounts for selling, general and administrative expenses (SG&A), U.S. packing costs, and profit. Commerce will collect this cost data in order to determine the accurate per-unit CV. Calculation of CV: + Direct Materials + Direct Labor + Variable Factory Overhead + Fixed Factory Overhead = Cost of Manufacturing + G&A Expenses + Financial Expenses = Cost of Production + Selling Expenses * + Profit * + U.S. Packing = Constructed Value (CV) * Selling expenses and profit are typically based on comparison market sales of the foreign like product made in the ordinary course of trade. G&A expenses are typically based on the experience of the respondent producer. Selling Expenses include movement expenses. B. Export Price and Constructed Export Price EP and CEP refer to the two types of calculated prices for merchandise imported into the United States. Both EP and CEP are based on the price at which the subject merchandise is first sold to a person not affiliated with the foreign producer or exporter. Calculation of EP: Gross Unit Price ¥Movement Expenses ¥Discounts and Rebates +/¥Billing Adjustments + Packing Expenses + Rebated Import Duties = Export Price (EP) Calculation of CEP: Gross Unit Price ¥Movement Expenses ¥Discounts and Rebates +/¥Billing Adjustments ¥Direct Selling Expenses ¥Indirect Selling Expenses that relate to commercial activity in the United States ¥Cost of any further manufacture or assembly incurred in the United States ¥CEP Profit + Rebated Import Duties ¥Commissions = Constructed Export Price (CEP) C. Fair Comparisons To ensure that a fair comparison with EP or CEP is made, Commerce will make adjustments to NV. Commerce will adjust for physical differences between the merchandise sold in the United States and the merchandise sold in the comparison market. For EP sales, Commerce will add in U.S. direct selling expenses, U.S. commissions,17 and packing expenses. For CEP sales, Commerce will subtract the amount of the CEP offset, if warranted, and add in U.S. packing expenses. [FR Doc. 2023–06123 Filed 3–23–23; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00032 Fmt 4703 Sfmt 9990 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Suspension - CVD - Argentina === 17801Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices 1 See White Grape Juice Concentrate from the Republic of Argentina: Initiation of Countervailing Duty Investigation, 87 FR 24945 (April 27, 2022). 2 See White Grape Juice Concentrate from Argentina: Preliminary Affirmative Countervailing Duty Determination, 87 FR 54455 (September 6, 2022) (Preliminary Determination). 3 See White Grape Juice Concentrate from Argentina: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with the Final Antidumping Duty Determination; Correction, 87 FR 58061 (September 23, 2022). 4 See Commerce’s Letter, ‘‘Consultations on Potential Agreement Suspending the Countervailing Duty (CVD) Investigation on White Grape Juice Concentrate from Argentina,’’ dated December 21, 2022. 5 See Commerce’s Letter, ‘‘Draft Agreement Suspending the Countervailing Duty Investigation on White Grape Juice Concentrate from Argentina,’’ dated February 13, 2023. 6 See Commerce’s Letter, ‘‘Initialed Draft Suspension Agreements,’’ dated February 14, 2023. 7 See Commerce’s Letter, ‘‘Draft Agreement Suspending the Countervailing Duty Investigation on White Grape Juice Concentrate from Argentina: Assessment of Statutory Requirements Memorandum,’’ dated February 14, 2023. 8 See Petitioner’s Letter, ‘‘Comments in support of the Suspension Agreements in the Anti-dumping and Countervailing duty of White Grape Juice Concentrate (WGJC) from Argentina,’’ dated March 13, 2023; see also Cepas and Fecovita’s Letter, ‘‘Comments on Draft Suspension Agreements on Behalf of Exporters of White Grape Juice Concentrate from Argentina,’’ dated March 13, 2023. has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, pursuant to section 1760(e) of ECRA and sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Davidson by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with part 756 of the Regulations, Davidson may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to Davidson and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until July 16, 2030. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–06130 Filed 3–23–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [C–357–826] White Grape Juice Concentrate From Argentina: Suspension of Countervailing Duty Investigation AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) has suspended the countervailing duty investigation on white grape juice concentrate (WGJC) from Argentina. The basis for this action is an agreement between Commerce and the Government of Argentina (GOA), wherein the GOA has agreed not to provide any new or additional export or import substitution subsidies on the subject merchandise and has agreed to restrict the volume of direct or indirect exports to the United States of WGJC from all Argentine producers/exporters in order to eliminate completely the injurious effects of exports of this merchandise to the United States. DATES : Applicable March 17, 2023. FOR FURTHER INFORMATION CONTACT : Sally C. Gannon or David Cordell, Bilateral Agreements Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0162 or (202) 482–0408, respectively. SUPPLEMENTARY INFORMATION : Background On April 20, 2022, Commerce initiated a countervailing duty investigation under section 702 of the Tariff Act of 1930, as amended (the Act), to determine whether imports of WGJC from Argentina benefit from countervailable subsidies conferred by the GOA. 1 On May 16, 2022, the U.S. International Trade Commission (ITC) notified Commerce of its affirmative preliminary injury determination. On September 6, 2022, Commerce preliminarily determined that that countervailable subsidies are being provided to producers and exporters of WGJC from Argentina.2 On September 23, 2022, Commerce aligned the final countervailing duty determination with the final antidumping duty determination.3 On December 21, 2022, Commerce issued a letter that formally opened consultations with the GOA with respect to a possible countervailing duty suspension agreement under section 704(c) of the Act.4 Since that time, Commerce has continued to negotiate with the GOA and, in parallel, has continually consulted with the petitioner, Delano Growers Grape Products. On February 13, 2023, Commerce and the GOA initialed a proposed agreement to suspend the countervailing duty investigation on WGJC from Argentina. Consistent with section 704(e) of the Act, Commerce notified the petitioner and the other parties, released the initialed draft agreement to the interested parties, and invited interested parties to provide written comments on the draft suspension agreement by no later than the close of business on March 13, 2023. 5 Consistent with 704(e)(1) of the Act, Commerce consulted with the petitioner concerning its intention to suspend the countervailing duty investigation on WGJC from Argentina. Commerce also notified the ITC of the proposed agreement,6 consistent with 704(e)(1) of the Act, and released a draft memorandum explaining how the agreement will be implemented and enforced, and how the agreement will meet the applicable statutory requirements, consistent with section 704(e)(2) of the Act. 7 Commerce received comments from the petitioner and the mandatory respondents, Cepas Argentinas S.A. (Cepas) and Federacio´ n de Cooperativas Vitivinicolas Argentinas Coop. Ltda (Fecovita), by the March 13, 2023, deadline.8 The GOA did not submit comments on the initialed draft agreement. On March 17, 2023, Commerce and the GOA signed the Agreement Suspending the Countervailing Duty Investigation on White Grape Juice Concentrate from Argentina (CVD Agreement), attached hereto. VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17802 Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices 9 See Preliminary Determination, 87 FR at 54456. 10 See section 777(c)(1) of the Act; see also 19 CFR 351.103, 351.304, 351.305, and 351.306. Scope of Agreement See Section I, Product Coverage, of the CVD Agreement. Suspension of Investigation Commerce consulted with the GOA and the petitioner and has considered the comments submitted by interested parties with respect to the draft suspension agreement. In accordance with section 704(c) of the Act, we have determined that extraordinary circumstances are present in this case, as defined by section 704(c)(4) of the Act. The CVD Agreement provides that: (1) the GOA will not provide any new or additional export or import substitution subsidies on the subject merchandise; and (2) the GOA will restrict the volume of direct or indirect exports to the United States of subject merchandise from all Argentine producers/exporters. We have also determined that the CVD Agreement is in the public interest and can be monitored effectively, as required under section 704(d) of the Act. For the reasons outlined above, we find that the CVD Agreement meets the criteria of section 704(c) and (d) of the Act. The CVD Agreement, signed March 17, 2023, is attached to this notice. International Trade Commission In accordance with section 704(f) of the Act, Commerce has notified the ITC of the CVD Agreement. Suspension of Liquidation The suspension of liquidation ordered in the Preliminary Determination shall continue to be in effect, subject to section 704(h)(3) of the Act.9 Section 704(f)(2)(B) of the Act provides that Commerce may adjust the security required to reflect the effect of the CVD Agreement. Commerce has found that the CVD Agreement eliminates completely the injurious effects of imports and, thus, Commerce is adjusting the security required to zero. If there is no request for review of suspension under section 704(h) of the Act, or if the ITC conducts a review and finds that the injurious effect of imports of the subject merchandise is eliminated completely by the CVD Agreement, Commerce will terminate the suspension of liquidation of all entries of WGJC from Argentina and refund any cash deposits collected on entries of WGJC from Argentina consistent with section 704(h)(3) of the Act. Notwithstanding the CVD Agreement, Commerce will continue the investigation if it receives such a request within 20 days after the date of publication of this notice in the Federal Register, in accordance with section 704(g) of the Act. Pursuant to Section III of the CVD Agreement, if the GOA requests continuation of the countervailing duty investigation, Commerce retains the right to modify or terminate this CVD Agreement. Commerce may also modify or terminate the CVD Agreement if Argentine producers/exporters accounting for a significant proportion of exports of WGJC from Argentina request continuation of the antidumping duty investigation on WGJC from Argentina. Administrative Protective Order Access The Administrative Protective Order (APO) Commerce granted in the investigation segment of this proceeding remains in place. While the investigation is suspended, parties subject to the APO may retain, but may not use, information received under that APO. All parties wishing access to business proprietary information submitted during the administration of the CVD Agreement must submit new APO applications in accordance with Commerce’s regulations currently in effect.10 An APO for the administration of the CVD Agreement will be placed on the record within five days of the date of publication of this notice in the Federal Register. We are issuing and publishing this notice in accordance with section 704(f)(1)(A) of the Act and 19 CFR 351.208(g)(2). Dated: March 17, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Agreement Suspending the Countervailing Duty Investigation on White Grape Juice Concentrate From Argentina Pursuant to the requirements of section 704(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.208, and in satisfaction of the requirements of those provisions, the U.S. Department of Commerce (Commerce) and the Government of Argentina (GOA) enter into this agreement suspending the countervailing duty investigation on White Grape Juice Concentrate (WGJC) from Argentina (CVD Agreement). I. Product Coverage The merchandise covered by this CVD Agreement is WGJC with a Brix level of 65 to 68, whether in frozen or non- frozen forms. WGJC is concentrated grape juice produced from grapes of the Vitis vinifera L. species with a white flesh, including fresh market table grapes and raisin grapes (e.g., Thompson Seedless), as well as several varietals of wine grapes (e.g., Chardonnay, Chenin Blanc, Sauvignon Blanc, Colombard, etc.). The scope of this CVD Agreement covers WGJC regardless of whether it has been certified as kosher, organic, or organic kosher. The WGJC subject to this CVD Agreement consists of 100 percent grape juice with no other types of juice intermixed and no additional sugars or additives included. The scope does not cover WGJC produced from grapes of the Vitis labrusca species (e.g., Niagara). The products covered by this CVD Agreement are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 2009.69.0040 and 2009.69.0060. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive. II. Definitions For purposes of the CVD Agreement, the following definitions apply: A. ‘‘Anniversary Month’’ means the month in which the CVD Agreement becomes effective. B. ‘‘Argentina’’ means the customs territory of Argentina and foreign trade zones located within the territory of Argentina. C. ‘‘Consignment Sales’’ means arrangements in which a seller (‘‘consignor’’) exports goods to an entity (‘‘consignee’’) in the United States, which takes custody and holds the goods without taking title to the goods. The consignee then either purchases the goods or sells the goods to a third party. The sale is considered to occur at the time at which the purchase (either by the consignee or the third party) occurs. The goods are not sold to the consignee or to the third-party buyer until after importation into the United States. D. ‘‘Date of Export’’ means the date on which the product is exported from Argentina to the United States. E. ‘‘Effective Date’’ means the date on which Commerce and the GOA sign the CVD Agreement. F. ‘‘Export License’’ means the document issued by the GOA’s export license issuing authority, pursuant to Section VI of the CVD Agreement. G. ‘‘Export Limit’’ means the quantity of WGJC from Argentina permitted to be exported, based on the Date of Export, during a given Export Limit Period. VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17803Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices 11 See White Grape Juice Concentrate from the Republic of Argentina: Initiation of Countervailing Duty Investigation, 87 FR 24945 (April 27, 2022). H. ‘‘Export Limit Period’’ means one of the following periods: 1. ‘‘Initial Export Limit Period’’ covers entries of WGJC entered, or withdrawn from warehouse for consumption, between the Effective Date and March 31, 2024. 2. ‘‘Annual Export Limit Period’’ covers entries of WGJC entered, or withdrawn from warehouse for consumption, in each subsequent April 1–March 31 period. I. ‘‘Interested Party’’ means any person or entity that meets the definitions in section 771(9) of the Act. J. ‘‘Indirect Exports’’ means exports of WGJC to the United States through one or more Third Countries, whether or not such exports are further processed, provided that the further processing does not result in a substantial transformation or a change in the country of origin, as determined by Commerce. K. ‘‘Third Country’’ or ‘‘Third Countries’’ mean any country other than the United States or Argentina, including any customs territory or free trade zone administered, governed, or controlled by such country. L. ‘‘United States’’ means the customs territory of the United States of America (the 50 States, the District of Columbia, and Puerto Rico) and foreign trade zones located within the territory of the United States. M. ‘‘Violation’’ means noncompliance with the terms of the CVD Agreement, whether through an act or omission, except for noncompliance that is inconsequential or inadvertent and does not materially frustrate the purposes of the CVD Agreement. N. ‘‘White Grape Juice Concentrate,’’ or ‘‘WGJC,’’ means the product described under Section I, ‘‘Product Coverage,’’ of the CVD Agreement. Any term or phrase not defined by this section shall be defined using either a definition provided in the Act for that term or phrase, or the plain meaning of that term, as appropriate. III. Suspension of Investigation As of the Effective Date, in accordance with sections 704(c)(1) and (3) of the Act and 19 CFR 351.208, Commerce will suspend its countervailing duty investigation on WGJC from Argentina initiated on April 20, 2022, subject to the terms and provisions set out below. 11 The GOA and the Argentine producers/exporters of WGJC from Argentina have indicated they will not exercise the right to request continuation of the countervailing duty or antidumping duty investigations, respectively, on WGJC from Argentina. If the GOA requests continuation of the countervailing duty investigation, Commerce retains the right to modify or terminate this CVD Agreement. Commerce may also modify or terminate the CVD Agreement if Argentine producers/exporters accounting for a significant proportion of exports of WGJC from Argentina request continuation of the antidumping duty investigation on WGJC from Argentina. IV. Statutory Conditions for the CVD Agreement In accordance with sections 704(c)(1) and (4) of the Act, Commerce has determined that extraordinary circumstances are present in this investigation because the suspension of the investigation will be more beneficial to the domestic industry than the continuation of the investigation and the investigation is complex. In accordance with section 704(d)(1) of the Act, Commerce has determined that the suspension of the investigation is in the public interest and that effective monitoring of the CVD Agreement by the United States is practicable. Section 704(a)(2)(B) of the Act provides that the public interest includes the relative impact on consumer prices and the availability of supplies of the merchandise, the relative impact on the international economic interests of the United States, and the relative impact on the competitiveness of the domestic industry producing the like merchandise, including any such impact on employment and investment in that industry. Accordingly, if a domestic producer requests an administrative review of the status of, and compliance with, the CVD Agreement, Commerce will take these factors into account in conducting that review. If Commerce finds that the CVD Agreement is not working as intended in this regard, Commerce will explore all appropriate measures, including renegotiation of the terms of the CVD Agreement to resolve the problem or measures under section 751(d)(1) of the Act. V. Export Limit No WGJC from Argentina covered by the CVD Agreement, whether exported directly or indirectly from Argentina, shall be exported for entry into the United States unless, when cumulated with all prior entries of WGJC exported directly or indirectly from Argentina during the Export Limit Period in which the WGJC was exported, it does not exceed the applicable Export Limit set forth below. All exports of WGJC from Argentina that enter the United States will be counted against the Export Limit established for the applicable Export Limit Period. The GOA will ensure that no WGJC is exported directly from Argentina to the United States without an Export License and, to the best of its ability, will ensure that Argentine producers/exporters do not make indirect exports of WGJC to the United States through intermediary parties or Third Countries without an Export License. A. The GOA shall ensure that no WGJC is exported from Argentina to the United States in a quantity that exceeds the Export Limits set forth below: 1. The Export Limit for the Initial Export Limit Period shall be 8,328,767 gallons. 2. The Export Limit for each subsequent Annual Export Limit Period shall be the Export Limit identified in Appendix I. 3. If, at any time, Commerce determines that the available supply of WGJC from Argentina is or will be insufficient to meet U.S. demand, Commerce may increase the Export Limit in this CVD Agreement from 8.0 million gallons up to any amount not exceeding 8.4 million gallons. In such a case, the consultations referred to in Section V.B below will not be mandatory. B. Commerce and the GOA shall consult, as necessary, regarding whether the Export Limit should be modified to respond to changes in U.S. demand or changes in U.S. supply or global supply, except for the case provided for in Section V.A.3 above. C. If any WGJC from Argentina is entered into the United States in excess of the Export Limit for the relevant Export Limit Period, Section IX ‘‘Violations of the CVD Agreement’’ applies. VI. Implementation A. Within 60 days of the Effective Date, the GOA shall establish an Export Limit licensing and enforcement program for all direct and indirect exports of WGJC from Argentina to the United States. After that date, the GOA will ensure that no WGJC is exported from Argentina to the United States without an Export License. B. On or after 60 days from the Effective Date, presentation of a shipment-specific Export License is required as a condition for entry of WGJC from Argentina into the United States. Pursuant to 19 CFR 351.208(i), Commerce will instruct U.S. Customs and Border Protection (CBP) to prohibit VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17804 Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices the entry of any WGJC from Argentina not accompanied by an Export License. C. Export Licenses must contain the information identified in Appendix II. Within 30 days of the Effective Date, the GOA will provide Commerce with a template or model of the Export License to be implemented. Additional information may be included on the Export License or, if necessary, a separate page attached to the Export License. If the bills of lading for all of the shipments under an Export License establish that the actual imports into the United States under that license were less than the total volume listed on the license, the GOA shall notify Commerce in writing that the GOA intends to issue a new Export License in the same Export Limit Period authorizing additional exports equal in volume to the volume of the under-shipment(s). D. Export Licenses will be issued sequentially, charged against the Export Limit for the relevant Export Limit Period, and reference any notice of the Export Limit allocation for the relevant Export Limit Period. Export Licenses shall remain valid for entry into the United States for 90 days. Commerce and the GOA may agree to an extension of the validity of the Export License in extraordinary circumstances. E. The GOA will ensure compliance with all of the provisions of the CVD Agreement. To ensure such compliance, the GOA will take the following measures: 1. Ensure that no WGJC from Argentina is exported for entry into the United States during any Export Limit Period that exceeds the Export Limit for that Export Limit Period, including during the 60-day period referenced in Section VI.A in which the GOA is establishing its Export Limit licensing and enforcement program. 2. Require that applications for Export Licenses contain all of the information listed in Appendix II of the CVD Agreement. 3. As a condition of granting an Export License, the GOA shall require applicants for an Export License to: a. Permit full verification of all information related to the administration of the CVD Agreement on an annual basis, or more frequently, as deemed necessary. b. Certify that the applicant agrees not to export WGJC directly or indirectly to the United States that is not accompanied by an Export License issued pursuant to the CVD Agreement, consistent with Section VII.A.1 below. c. Certify that the applicant has required its customers to agree not to ship WGJC to the United States without an Export License from the GOA, consistent with Section VII.A.2 below. d. Certify that the applicant has required its importers to submit to CBP, with the entry summary package, a valid Export License issued by the GOA. e. Certify that the applicant agrees not to sell WGJC from Argentina in the United States by means of Consignment Sales, as defined in Section II.C. f. Agree to provide the information required in Section VIII below. 4. Refuse to issue an Export License to any applicant that does not permit full verification and reporting under the CVD Agreement of all of the information in the application. 5. Ensure compliance, as necessary, with all procedures established to effectuate the CVD Agreement by any official Argentine institution, chamber, or other authorized Argentine company, and any Argentine producer, exporter, broker, and trader of WGJC. 6. Impose strict measures, such as prohibition from participation in the Export Limit allocation allowed by the CVD Agreement, in the event that any Argentine company does not comply in full with the requirements established by the GOA pursuant to the CVD Agreement. F. If any WGJC from Argentina is entered into the United States without a valid Export License, Section IX ‘‘Violations of the CVD Agreement’’ applies. G. The GOA and Commerce shall hold consultations regarding the GOA’s compliance with the provisions of this section, consistent with Section VIII.D.1 of the CVD Agreement. VII. Anti-Circumvention A. The GOA shall take all necessary measures to prevent circumvention of the CVD Agreement, including the following: 1. Require that as a condition of receiving an Export License under the CVD Agreement, any applicant for an Export License agrees not to export directly or indirectly to the United States WGJC that is not accompanied by an Export License issued pursuant to the CVD Agreement. 2. Require that as a condition of receiving an Export License under the CVD Agreement, any applicant for an Export License provide the GOA with a certification that it has required all of its customers to agree, as part of the terms of sale, not to export WGJC of Argentine origin to the United States, directly or indirectly, without an Export License. 3. Require that as a condition of receiving an Export License under the CVD Agreement, any applicant certify that it will not engage in any circumvention activities specified by the CVD Agreement. A circumvention activity may include, but is not limited to, exporting WGJC from Argentina, directly or indirectly, to the United States: (1) in excess of the Export Limit in any given Export Limit Period; (2) without an Export License; (3) in any bundling arrangement, swap or other exchange where such arrangement is designed to circumvent the basis of the CVD Agreement; or (4) with a Brix level from over 68 up to and including 70. B. If the GOA receives an allegation that circumvention has occurred, including an allegation from Commerce, the GOA shall promptly initiate an inquiry, normally complete the inquiry within 45 days, and notify Commerce of the results of the inquiry within 15 days after the conclusion of the inquiry. C. If the GOA determines that an Argentine company has participated in a transaction circumventing the CVD Agreement, the GOA shall impose penalties upon such company including, but not limited to, denial of access to an Export License for WGJC under the CVD Agreement. D. If the GOA determines that an Argentine company has participated in the circumvention of the CVD Agreement, the GOA shall count against the Export Limit for the Export Limit Period in which the circumvention took place an amount of WGJC equivalent to the volume involved in such circumvention and shall immediately notify Commerce of the volume deducted. If a sufficient amount is not available in the current Export Limit Period, then the remaining amount shall be deducted from the subsequent Export Limit Period or Periods. E. Commerce will investigate any allegations of circumvention which are brought to its attention both by asking the GOA to investigate such allegations and by itself gathering relevant information. The GOA will respond to requests from Commerce for information relating to such allegations. In distinguishing normal arrangements from those which would result in the circumvention of a given Export Limit established by the CVD Agreement, Commerce will take the following factors into account, as deemed appropriate: 1. Existence of any verbal or written agreement leading to circumvention of the CVD Agreement; 2. Existence and function of any subsidiaries or affiliates of the parties involved; 3. Existence and function of any historical and traditional patterns of production and trade among the parties VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17805Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices 12 In general, the provisional reports provided by the GOA during this period will contain a listing of exports of WGJC from Argentina, with the associated quantities, during the relevant reporting period. involved, and any deviation from such patterns; 4. Existence of any payments unaccounted for by previous or subsequent deliveries, or any payments to one party for WGJC delivered or swapped by another party; 5. Sequence and timing of the arrangements; and 6. Any other information relevant to the transaction or circumstances. F. The GOA and Commerce shall hold consultations regarding anti- circumvention as provided in Section VIII.D.3 of the CVD Agreement. VIII. Monitoring of the CVD Agreement A. Import Monitoring 1. Commerce will monitor entries of WGJC from Argentina to ensure compliance with Section V of the CVD Agreement. 2. Commerce will review publicly available data and other official import data, including, as appropriate, records maintained by CBP, to determine whether there have been imports that are inconsistent with the provisions of the CVD Agreement. 3. Commerce will review, as appropriate, data it receives through any data exchange program between U.S. and Argentine government agencies, to determine whether there have been imports that are inconsistent with the provisions of the CVD Agreement. B. Compliance Monitoring 1. Within 60 days of the Effective Date, the GOA shall notify Commerce of its allocation for the Initial Export Limit Period and the first Annual Export Limit Period, including the allocation recipient(s) and the volume granted to the recipient(s). For any subsequent Annual Export Limit Period, the GOA shall inform Commerce of any changes in the volume allocated to an individual recipient within 30 days of the date on which such changes become effective. 2. The GOA shall collect from its Export Limit licensing and enforcement program and report to Commerce all direct and, to the best of its ability, indirect exports of WGJC from Argentina to the United States. During the 60-day period referenced in Section VI.A in which the GOA is establishing its Export Limit Licensing and enforcement program, the GOA shall collect from alternate sources, such as its official export statistics, all direct and, to the best of its ability, indirect exports of WGJC from Argentina to the United States. Reports shall be provided on a monthly basis in the format specified in Appendix III, except for the provisional reports provided during the 60-day period referenced in Section VI.A,12 and will be provided no later than 60 days following the end of each month, beginning on June 29, 2023 (for the period from the Effective Date through April 30, 2023). If requested, the GOA shall collect and provide to Commerce information on the aggregate quantity and value of exports of WGJC to the United States and/or Third Countries for a designated period. The information shall be entitled to proprietary treatment under Commerce’s rules for handling business proprietary information. 3. Commerce has the authority to verify at any time all information related to the administration of the CVD Agreement, including all information relating to potential circumvention of the CVD Agreement. Commerce will conduct verifications at locations and times it deems appropriate to ensure compliance with the terms of the CVD Agreement. If Commerce proposes to conduct on-site review or inspection, it will normally provide 30 days’ notice. 4. The GOA and Commerce recognize that the effective monitoring of the CVD Agreement may require the GOA to provide information in addition to that identified in the CVD Agreement. Accordingly, after consulting with the GOA, Commerce may request additional reporting requirements consistent with U.S. law and regulations during the course of the CVD Agreement. The GOA shall also collect and provide to Commerce, generally within 60 days of the request, any such additional information requested by Commerce. 5. Commerce may initiate administrative reviews under section 751(a) of the Act in the month immediately following the Anniversary Month, upon request, or upon its own initiative, to ensure that exports of WGJC from Argentina satisfy the requirements of sections 704(c)(1) and (3) of the Act. Commerce may conduct administrative reviews under sections 751(b) and (c), and 781 of the Act, as appropriate. Commerce may perform verifications pursuant to administrative reviews conducted under section 751 of the Act. C. Rejection of Submissions Commerce may reject: (1) any information submitted after the deadlines set forth in the CVD Agreement; (2) any submission that does not comply with the filing, format, translation, service, and certification of documents requirements under 19 CFR 351.303; (3) submissions that do not comply with the procedures for establishing business proprietary treatment under 19 CFR 351.304; and (4) submissions that do not comply with any other applicable regulations, as appropriate. If information is not submitted in a complete and timely fashion or is not fully verifiable, Commerce may use facts otherwise available for the basis of its decision, as it determines appropriate, consistent with section 776 of the Act. D. Consultations 1. Implementation Consultations a. If the GOA notifies Commerce in writing, or Commerce otherwise determines, that the GOA for any reason has not satisfied the implementation obligations in Section VI of the CVD Agreement, Commerce will consult with the GOA for a period of up to 60 days to ensure that the GOA complies with those obligations within those 60 days. b. If Commerce is not satisfied at the conclusion of the consultation period that exports of WGJC from Argentina are entering the United States in amounts consistent with the CVD Agreement, or entered with a valid Export License, Commerce may evaluate under section 351.209 of its regulations, or section 751 of the Act, whether the CVD Agreement is being violated, as defined in Section IX of the CVD Agreement. 2. Compliance Consultations a. When Commerce identifies, through import or compliance monitoring or otherwise, that exports of WGJC from Argentina may have entered the United States in volumes inconsistent with Section V of the CVD Agreement, or without an Export License, Commerce will notify the GOA. Commerce will consult with the GOA for a period of up to 60 days to establish a factual basis regarding exports that may be inconsistent with Section V of the CVD Agreement. b. During the consultation period, Commerce will examine any information that it develops, or which is submitted, including information requested by Commerce, under any provision of the CVD Agreement. c. If Commerce is not satisfied at the conclusion of the consultation period that exports of WGJC from Argentina are entering the United States in amounts consistent with the CVD Agreement, or entered with a valid Export License, Commerce may evaluate under section 351.209 of its regulations, or section 751 of the Act whether the CVD Agreement VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17806 Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices is being violated, as defined in Section IX of the CVD Agreement. 3. Anti-Circumvention Consultations a. If the GOA or Commerce determines that a company from a Third Country has circumvented the CVD Agreement and Commerce and the GOA agree that no Argentine company participated in or had knowledge of such activities, then Commerce and the GOA shall hold consultations for the purpose of sharing information regarding such circumvention and reaching mutual agreement on the appropriate measures to be taken to eliminate such circumvention. If Commerce and the GOA are unable to reach mutual agreement on the appropriate measures to be taken to eliminate such circumvention within 45 days, then Commerce may take appropriate measures, such as deducting the volume of WGJC involved in such circumvention from the Export Limit for the current Export Limit Period (or, if necessary, a subsequent Annual Export Limit Period). Before taking such measures, Commerce will notify the GOA of the facts and reasons constituting the basis for Commerce’s intended action and will afford the GOA 15 days in which to comment. Commerce will enter its determinations regarding circumvention into the record of the CVD Agreement. Alternatively, Commerce may evaluate under section 351.209 of its regulations, or section 751 of the Act, whether the CVD Agreement is being violated, as defined in Section IX of the CVD Agreement. b. In the event that Commerce determines that an Argentine company has participated in a transaction circumventing the CVD Agreement, Commerce and the GOA shall hold consultations for the purpose of sharing information regarding such circumvention and reaching mutual agreement on an appropriate resolution of the problem. If Commerce and the GOA are unable to reach mutual agreement within 60 days, Commerce may take appropriate measures, such as deducting the volume of WGJC involved in such circumvention from the Export Limit for the current Export Limit Period (or, if necessary, a subsequent Annual Export Limit Period) or instructing CBP to deny entry to any WGJC from Argentina sold by the company found to be circumventing the CVD Agreement. Before taking such measures, Commerce will notify the GOA of the basis for Commerce’s intended action and the GOA will comment within 30 days. Commerce will enter its determinations regarding circumvention into the record of the CVD Agreement. Alternatively, Commerce may evaluate under section 351.209 of its regulations, or section 751 of the Act, whether the CVD Agreement is being violated, as defined in Section IX of the CVD Agreement. 4. Operations Consultations Commerce will consult with the GOA regarding the operation of the CVD Agreement. Commerce or the GOA may request such consultations at any time, including consultations to revise the Export Limit. IX. Violations of the CVD Agreement A. If Commerce determines that there has been a Violation of the CVD Agreement or that the CVD Agreement no longer meets the requirements of sections 704(c) or (d) of the Act, Commerce shall take action it determines appropriate under section 704(i) of the Act and section 351.209 of Commerce’s regulations. B. Examples of activities which Commerce may deem to be Violations of the CVD Agreement include: 1. Direct or indirect exports of WGJC from Argentina to the United States in amounts greater than the Export Limit established in the relevant Export Limit Period. 2. A significant amount (i.e., five percent or more of the Export Limit for the relevant Export Limit Period) of WGJC from Argentina exported to the United States without an Export License, or entered into the United States without a valid Export License, that is not reported by the GOA to Commerce. 3. Any other material violation or breach, as determined by Commerce. X. Disclosure and Comment This section provides the terms for disclosure and comment following consultations or during segments of the proceeding not involving a review under section 751 of the Act. A. Commerce may make available to representatives of each Interested Party, pursuant to and consistent with 19 CFR 351.304–351.306, any business proprietary information submitted to and/or collected by Commerce pursuant to the CVD Agreement, as well as the results of Commerce’s analysis of that information. B. The GOA and any other Interested Party shall file all communications and other submissions via Commerce’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which is available to registered users at https:// access.trade.gov and to all parties at the following address: U.S. Department of Commerce, Central Records Unit, Room B8024, 1401 Constitution Ave, NW, Washington, DC 20230. Such communications and submissions shall be filed consistent with the requirements provided in 19 CFR 351.303. XI. Duration of the CVD Agreement A. This CVD Agreement has no scheduled termination date. Termination of the suspended investigation shall be considered in accordance with the five-year review provisions of section 751(c) of the Act and section 351.218 of Commerce’s regulations. B. Commerce or the GOA may withdraw from this CVD Agreement at any time. Termination of the CVD Agreement shall be effective no later than 60 days after the date the written notice of withdrawal is provided to the GOA or Commerce, respectively. C. Upon termination of the CVD Agreement, Commerce shall follow the procedures outlined in section 704(i)(1) of the Act. XII. Other Provisions A. By entering into the CVD Agreement, the GOA does not admit that exports of WGJC from Argentina are having or have had an injurious effect on WGJC producers in the United States or that the GOA has provided countervailable subsidies to WGJC producers and exporters in Argentina. The GOA agrees that it will not provide any new or additional export or import substitution subsidies on WGJC from Argentina. B. As of the Effective Date, Commerce shall instruct CBP to refund any cash deposits collected as a result of the countervailing duty investigation on WGJC from Argentina. Commerce shall instruct CBP to terminate the suspension of liquidation consistent with section 704(f)(2)(B) of the Act. For the U.S. Department of Commerce: llllllllllllllllll Ryan Majerus Deputy Assistant Secretary for Policy & Negotiations Enforcement and Compliance March 17, 2023 Date For the Government of Argentina: llllllllllllllllll Cecilia Todesca Bocco Secretary for International Economic Relations Ministry of Foreign Affairs, International Trade and Worship March 17, 2023 Date VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 17807Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices 1 See Tin Mill Products from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 88 FR 9476 (February 14, 2023). Appendix I—Agreement Suspending the Countervailing Duty Investigation on White Grape Juice Concentrate From Argentina—Export Limit Product Export limit in gallons per annual export limit period WGJC from Argentina 8.0 million gallons. The parties agree to the following formulae for the conversions between metric tons and gallons: → 1 metric ton (MT) of 65–68 Brix WGJC = 198 gallons → 1 gallon of 65–68 Brix WGJC = 0.00505 MT Appendix II—Agreement Suspending the Countervailing Duty Investigation on White Grape Juice Concentrate From Argentina—Information To Be Contained in Export Licenses The GOA will issue shipment-specific Export Licenses to exporters of WGJC from Argentina that shall contain the following fields: 1. Export License Number: Indicate the Export License number applicable to the shipment. 2. Name of the Licensee: Indicate the name of the Licensee, and the name of the producer, if different from the Licensee. 3. Name of the Exporter: Indicate the name of the broker/trader or producer, as applicable. 4. Complete Description of Merchandise: Include the applicable United States Harmonized Tariff Schedule category and Brix level, if known. 5. Quantity: Indicate in gallons. 6. Quantity: Indicate in Metric Tons (MT) 7. Date of Export License: Date that the Export License is issued. 8. Date of Expiration of the Export License: Indicate the date that the Export License expires. 9. Contract Identification Information: Indicate the contract identification information with which the license is associated, if known. 10. Importer’s Number. 11. Port of Export: Indicate the port of export. 12. Export Limit Period for which the Export License is valid. 13. Allocation to Producer/Exporter: Indicate the total amount of the Export Limit allocated to the individual producer/exporter during the relevant Export Limit Period. 14. Allocation Remaining: Indicate the remaining amount available under the allocation to the individual producer/ exporter during the relevant Export Limit Period. Appendix III—Agreement Suspending the Countervailing Duty Investigation on White Grape Juice Concentrate From Argentina—Information on Exports of WGJC From Argentina In accordance with the established format, the GOA’s license issuing authority shall collect and provide to Commerce all information necessary to ensure compliance with the CVD Agreement. This information will be provided to Commerce on monthly basis. The GOA’s license issuing authority will collect and maintain data on exports to the United States on a continuous basis. Data for exports to countries other than the United States will be reported upon request. The GOA’s license issuing authority may provide a narrative explanation to substantiate all data collected in accordance with the following formats. The GOA’s license issuing authority will provide a report or summary regarding all Export Licenses issued to entities, which shall contain the following information unless the information is unknown to the licensing authority and the licensee. Upon request, the GOA will provide copies of any Export License to Commerce. 1. Export License Number: Indicate the Export License number for the shipment. 2. Name of the Licensee: Indicate the name of the Licensee, and the name of the producer, if different from the Licensee. 3. Name of the Exporter: Indicate the name of the broker/trader or exporter, as applicable. 4. Complete Description of Merchandise: Include the applicable United States Harmonized Tariff Schedule category and Brix level, if known. 5. Quantity: Indicate in gallons. 6. Quantity: Indicate in Metric Tons (MT) 7. Date of Export License: Date that the Export License is issued. 8. Date of Expiration of the Export License: Indicate the date that the Export License expires. 9. Port of Export: Indicate the port of export. 10. Date of Export: Indicate the date of export of the WGJC from Argentina to the United States. 11. Allocation to producer/exporter: Indicate the total amount of the Export Limit allocated to the individual producer/exporter during the relevant Export Limit Period. 12. Allocation Remaining: Indicate the remaining amount available under the allocation to the individual producer/ exporter during the relevant Export Limit Period. 13. Contract Identification Information: Indicate the contract identification information with which the license is associated, if known. 14. Importer’s Number. [FR Doc. 2023–06124 Filed 3–23–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–151] Tin Mill Products From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES : Applicable March 24, 2023. FOR FURTHER INFORMATION CONTACT : Genevieve Coen or Melissa Porpotage, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3251 or (202) 482–1413, respectively. SUPPLEMENTARY INFORMATION : Background On February 7, 2023, the U.S. Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of tin mill products from the People’s Republic of China (China). 1 Currently, the preliminary determination is due no later than April 13, 2023. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act) requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny it. On March 17, 2023, the petitioners submitted a timely request that VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Suspension - Final === 19324 Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Notices DEPARTMENT OF THE INTERIOR Bureau of Land Management [L14400000.PN0000/LXSITCOR0000/ LLWO350000/23X; OMB Control No. 1004– 0206] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development AGENCY : Bureau of Land Management, Interior. ACTION : Notice of information collection; request for comment. SUMMARY : In accordance with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Land Management (BLM) proposes to renew an information collection. DATES : Interested persons are invited to submit comments on or before May 1, 2023. ADDRESSES : Written comments and recommendations for this information collection request (ICR) should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT : To request additional information about this ICR, contact Darrin King by email at BLM_HQ_PRA_Comments@blm.gov or call 202–208–3801. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of- contact in the United States. You may also view the ICR at http:// www.reginfo.gov/public/do/PRAMain. SUPPLEMENTARY INFORMATION : In accordance with the PRA (44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), we invite the public and other Federal agencies to comment on new, proposed, revised and continuing collections of information. This helps the BLM assess impacts of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand BLM information collection requirements and ensure requested data are provided in the desired format. A Federal Register notice with a 60- day public comment period soliciting comments on this collection of information was published on December 6, 2022 (87 FR 74442). No comments were received in response to this notice. As part of our continuing effort to reduce paperwork and respondent burdens, we are again inviting the public and other Federal agencies to comment on the proposed ICR described below. The BLM is especially interested in public comment addressing the following: (1) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility. (2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used. (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) How might the agency minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response. Comments submitted in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: This control number enables the BLM to collect the necessary information to authorize the use of public lands for solar and wind energy, pipelines, and electric transmission lines with a capacity of 100 Kilovolts (kV) or more. This OMB Control Number is currently scheduled to expire on June 30, 2023. The BLM request that OMB renew this OMB Control Number for an additional three years. Some of the collection activities require the use of Standard Form 299 (SF–299), Application for Transportation and Utility Systems and Facilities on Federal Lands. OMB has previously approved SF–299 and has assigned control number 0596–0082 to that form. That control number is administered by the U.S. Forest Service. Title of Collection: Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development (43 CFR parts 2800 and 2880). OMB Control Number: 1004–0206. Form Number: SF–299, Application for Transportation and Utility Systems and Facilities on Federal Lands (OMB Control Number 0596–0082). Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Businesses that seek authorization to use public lands for solar or wind energy development, pipelines, or electric transmission lines with a capacity of 100 Kilovolts (kV) or more. Total Estimated Number of Annual Respondents: 3,042. Total Estimated Number of Annual Responses: 3,042. Estimated Completion Time per Response: Varies from 2 to 16 hours, depending on activity. Total Estimated Number of Annual Burden Hours: 47,112. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: On occasion. Total Estimated Annual Nonhour Burden Cost: $2,182,302. An agency may not conduct or sponsor and, notwithstanding any other provision of law, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Darrin King, Information Collection Clearance Officer. [FR Doc. 2023–06715 Filed 3–30–23; 8:45 am] BILLING CODE 4310–84–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–681 and 731– TA–1591 (Final)] White Grape Juice Concentrate From Argentina AGENCY : International Trade Commission. ACTION : Suspension of anti-dumping and countervailing duty investigations. SUMMARY : On March 24, 2023, the U.S. Department of Commerce (‘‘Commerce’’) published notices in the Federal Register of the suspension of its antidumping and countervailing duty investigations on white grape juice concentrate (‘‘WGJC’’) from Argentina (Federal Register, March 24, 2023). Both VerDate Sep<11>2014 17:54 Mar 30, 2023 Jkt 259001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 19325Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Notices suspension agreements took effect on March 17, 2023. The antidumping duty suspension agreement is based upon an agreement between Commerce and producers/exporters which account for substantially all imports of white grape juice concentrate from Argentina, in which each signatory producer/exporter has agreed to revise its prices to eliminate completely the injurious effects of exports of WGJC to the United States. The countervailing duty suspension agreement is based upon an agreement between Commerce and the Government of Argentina (‘‘GOA’’), wherein the GOA has agreed not to provide any new or additional export or import substitution subsidies on the subject merchandise and has agreed to restrict the volume of direct or indirect exports to the United States of WGJC from all Argentine producers/exporters in order to eliminate completely the injurious effects of exports of this merchandise to the United States. Accordingly, the U.S. International Trade Commission gives notice of the suspension of its antidumping and countervailing duty investigations involving imports of WGJC from Argentina, provided for in subheading 2009.69.00 of the Harmonized Tariff Schedule of the United States. DATES : March 24, 2023. FOR FURTHER INFORMATION CONTACT : Ahdia Bavari (202–205–3191), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. Authority: These investigations are being suspended under authority of title VII of the Tariff Act of 1930 and pursuant to section 207.40(b) of the Commission’s Rules of Practice and Procedure (19 CFR 207.40(b)). This notice is published pursuant to section 201.10 of the Commission’s rules (19 CFR 201.10). By order of the Commission. Issued: March 27, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–06669 Filed 3–30–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–23–018] Sunshine Act Meetings AGENCY HOLDING THE MEETING : United States International Trade Commission. TIME AND DATE : April 7, 2023 at 11:00 a.m. PLACE : Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS : Open to the public. MATTERS TO BE CONSIDERED : 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Commission vote on Inv. Nos. 701– TA–552 and 731–TA–1308 (Review) (Pneumatic Off-the-Road (OTR) Tires from India). The Commission currently is scheduled to complete and file its determinations and views of the Commission on April 27, 2023. 5. Outstanding action jackets: none. CONTACT PERSON FOR MORE INFORMATION : Sharon Bellamy, Acting Supervisory Hearings and Information Officer, 202– 205–2000. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: March 29, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–06864 Filed 3–29–23; 4:15 pm] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–1174] Bulk Manufacturer of Controlled Substances Application: Sterling Pharma USA LLC AGENCY : Drug Enforcement Administration, Justice. ACTION : Notice of application. SUMMARY : Sterling Pharma USA LLC. has applied to be registered as a bulk manufacturer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTARY INFORMATION listed below for further drug information. DATES : Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may submit electronic comments on or objections to the issuance of the proposed registration on or before May 30, 2023. Such persons may also file a written request for a hearing on the application on or before May 30, 2023. ADDRESSES : The Drug Enforcement Administration requires that all comments be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Please go to https://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon submission of your comment, you will receive a Comment Tracking Number. Please be aware that submitted comments are not instantaneously available for public view on https://www.regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. SUPPLEMENTARY INFORMATION : In accordance with 21 CFR 1301.33(a), this is notice that on March 3, 2023, Sterling Pharma USA LLC., 1001 Sheldon Drive, Suite 101, Cary, North Carolina 27513– 2078, applied to be registered as a bulk manufacturer of the following basic class(es) of controlled substance(s): Controlled substance Drug code Schedule Dimethyltryptamine ....... 7435 I The company plans to manufacture the above-listed controlled substance(s) to support clinical trials. No other activities for this drug code is authorized for this registration. Matthew Strait, Deputy Assistant Administrator. [FR Doc. 2023–06698 Filed 3–30–23; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–1172] Bulk Manufacturer of Controlled Substances Application: Purisys, LLC AGENCY : Drug Enforcement Administration, Justice. VerDate Sep<11>2014 17:54 Mar 30, 2023 Jkt 259001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 ddrumheller on DSK120RN23PROD with NOTICES1
Active order issued from this investigation
Investigation 701-TA-681 is a U.S. International Trade Commission antidumping (AD) proceeding on White Grape Juice Concentrate from Argentina; Inv. No. 701-TA-681 and 731-TA-1591 (Final) from Argentina. The ITC determines whether U.S. industry is materially injured (or threatened) by imports under investigation; Commerce determines whether dumping or subsidization is occurring. Both findings are required for an AD/CVD order to be issued.
701-TA-681 is in the final phase, with status completed. Final phase — the ITC's final determination on injury, after Commerce issues its final dumping/subsidy determination. An affirmative final determination from both agencies triggers issuance of an AD/CVD order.
Yes — investigation 701-TA-681 resulted in AD/CVD case A-357-825. The linked order page on this catalog has the active deposit rate, scope text, and Federal Register citation.
Tandom guides relevant to AD/CVD investigations
Where trade compliance APIs fit in a broker's filing pipeline: HTS classification, duty calculation, AD/CVD scope match, and post-summary corrections.
Open resource
Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.
Open resource
The USITC publishes investigation determinations and milestones on its Investigations Data Service (IDS) at ids.usitc.gov. Tandom's catalog re-syncs from IDS daily; new phases, votes, and determinations appear here within 24 hours of USITC publication.
Scope text is authoritative; the HTS list is illustrative. Read scope, find past rulings, and file a 19 CFR 351.225 inquiry. Worked example on case A-570-106 (wooden cabinets from China).
Open resource