[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52114-52115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16818]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-862]


Foundry Coke Products From the People's Republic of China: Final 
Results of the Expedited Fourth Sunset Review of the Antidumping Duty 
Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the antidumping duty (AD) order on foundry coke products 
(foundry coke) from the People's Republic of China (China) would be 
likely to lead to continuation or recurrence of dumping at the levels 
indicated in the ``Final Results of Sunset Review'' section of this 
notice.

DATES: Applicable August 7, 2023.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    On September 17, 2001, Commerce published the antidumping duty 
order on foundry coke from China.\1\ On April 3, 2023, Commerce 
published the notice of initiation of the five-year sunset review of 
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ On April 18, 2023, Commerce received a notice of 
intent to participate in this review from ABC Coke and SunCoke Energy, 
Inc. (collectively, domestic interested parties) within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic interested 
parties claimed interested party status under section 771(9)(C) of the 
Act as manufacturers of a domestic like product in the United States. 
On May 3, 2023, the domestic interested parties provided a complete 
substantive response for this review within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i).\4\ We received no substantive 
responses from any other interested parties, nor was a hearing 
requested. On May 26, 2023, Commerce notified the U.S. International 
Trade Commission (ITC) that it did not receive an adequate substantive 
response from respondent interested parties.\5\ As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted an expedited (120-day) sunset review of this Order.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Foundry Coke Products 
from the People's Republic of China, 66 FR 48025 (September 17, 
2001) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 88 FR 19616 
(April 3, 2023).
    \3\ See Domestic Interested Parties' Letter, ``Notice of Intent 
to Participate in the Fourth Sunset Review of the Antidumping Duty 
Order,'' dated April 18, 2023.
    \4\ See Domestic Interested Parties' Letter, ``Substantive 
Response to Notice of Initiation of the Fourth Sunset Review of the 
Antidumping Duty Order,'' dated May 3, 2023.
    \5\ See Commerce's Letter, ``Sunset Reviews for April 2023,'' 
dated May 26, 2023.
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Scope of the Order

    The product covered under the Order is coke larger than 100 mm (4 
inches) in maximum diameter and at least 50 percent of which is 
retained on a 100 mm (4 inch) sieve, of a kind used in foundries. The 
foundry coke products subject to the Order were classifiable under 
subheading 2704.00.00.10 (as of January 1, 2000) and are currently 
classifiable under subheading 2704.00.00.11 (as of July 1, 2000) of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and Customs purposes, 
our written description of the scope of the Order is dispositive.\6\
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    \6\ For a complete description of the scope, see Memorandum 
``Issues and Decision Memorandum for the Final Results of the 
Expedited Fourth Sunset Review of the Antidumping Duty Order on 
Foundry Coke Products from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation of the 
Order and the magnitude of the margins likely to prevail if the Order 
were revoked, are addressed in the accompanying Issues and Decision 
Memorandum.\7\ A list of topics discussed in the Issues and Decision 
Memorandum is included as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly

[[Page 52115]]

at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ Id.
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would be likely to 
lead to the continuation or recurrence of dumping, and that the 
magnitude of the dumping margins likely to prevail would be weighted-
average dumping margins up to 214.89 percent.

Administrative Protective Order (APO)

    This notice serves as the only reminder to interested parties 
subject to an APO of their responsibility concerning the return or 
destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: August 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2023-16818 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P