[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74432-74433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23963]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-862]


Foundry Coke Products From the People's Republic of China: 
Continuation of the Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on foundry coke 
products (foundry coke) from the People's Republic of China (China) 
would likely lead to the continuation or recurrence of dumping and 
material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of the AD order.

DATES: Applicable October 25, 2023.

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

SUPPLEMENTARY INFORMATION:

Background

    On September 17, 2001, Commerce published in the Federal Register 
the AD order on foundry coke from China.\1\ On April 3, 2023, the ITC 
instituted,\2\ and Commerce initiated,\3\ the fourth sunset review of 
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). As a result of its review, Commerce determined that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping and, therefore, notified the ITC of the magnitude of the 
margins likely to prevail should the Order be revoked.\4\
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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 Foundry Coke Products from China; Institution of a Five-
Year Review, 88 FR 19674 (April 3, 2023).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 19616 
(April 3, 2023).
    \4\ See Foundry Coke Products from the People's Republic of 
China: Final Results of the Expedited Fourth Sunset Review of the 
Antidumping Duty Order, 88 FR 52114 (August 7, 2023), and 
accompanying Issues and Decision Memorandum.
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    On October 25, 2023, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Order 
would

[[Page 74433]]

likely lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time.\5\
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    \5\ See Foundry Coke From China; Determination, 88 FR 73377 
(October 25, 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.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or a 
recurrence of dumping, and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order. U.S. Customs and 
Border Protection will continue to collect AD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the Order is October 25, 
2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Order not later than 30 days prior to the fifth anniversary of 
the date of the last determination by the ITC.
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    \6\ Id.
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Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751(c) and 751(d)(2) of the Act and published in accordance 
with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: October 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-23963 Filed 10-30-23; 8:45 am]
BILLING CODE 3510-DS-P