Notice2022-22873
Silicomanganese From India: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 21, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In response to request for a changed circumstances review (CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR of the antidumping duty (AD) order on silicomanganese from India. Additionally, Commerce preliminary determines that NAVA Limited (NAVA) is the successor-in-interest to Nava Bharat Ventures Limited (NBVL). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 203 (Friday, October 21, 2022)</title>
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[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64006-64007]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22873]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-823]
Silicomanganese From India: Notice of Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to request for a changed circumstances review
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR
of the antidumping duty (AD) order on silicomanganese from India.
Additionally, Commerce preliminary determines that NAVA Limited (NAVA)
is the successor-in-interest to Nava Bharat Ventures Limited (NBVL).
Interested parties are invited to comment on these preliminary results.
DATES: Applicable October 21, 2022.
FOR FURTHER INFORMATION CONTACT: Daniel Alexander, 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) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2002, Commerce published the AD order on silicomanganese
from India.\1\ On September 1, 2022, NAVA, an Indian producer and
exporter of subject merchandise, requested that Commerce conduct an
expedited CCR of the Order to determine that NAVA is the successor-in-
interest to NBVL, and publish the preliminary results of the review
simultaneously with the initiation of the CCR.\2\ In its submission,
NAVA addressed the basic factors Commerce analyzes with respect to
successor-in-interest determinations in the AD context and provided
supporting documentation.\3\ No interested parties filed comments
opposing the CCR request.
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\1\ See Notice of Amended Final Determination of Sales at Less
than Fair Value and Antidumping Duty Orders: Silicomanganese from
India, Kazakhstan, and Venezuela, 67 FR 36149 (May 23, 2002)
(Order).
\2\ See NAVA's Letter, ``Silicomanganese from India: NAVA
Limited request for Successor-in-Interest CCR and Simultaneous
Affirmative Preliminary Determination,'' dated September 1, 2022
(NAVA's CCR Request).
\3\ Id.
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Scope of the Order
The merchandise covered by the Order is all forms, sizes, and
compositions of silicomanganese, except low-carbon silicomanganese,
including silicomanganese briquettes, fines and slag. Silicomanganese
is a ferroalloy composed principally of manganese, silicon, and iron,
and normally contains much smaller proportions of minor elements, such
as carbon, phosphorous and sulfur. Silicomanganese is sometimes
referred to as ferrosilicon manganese. Silicomanganese is used
primarily in steel production as a source of both silicon and
manganese. Silicomanganese generally contains by weight not less than 4
percent iron, more than 30 percent manganese, more than 8 percent
silicon and not more than 3 percent phosphorous. Silicomanganese is
properly classifiable under subheading 7202.30.0000 of the Harmonized
Tariff Schedule of the United States (HTSUS). Some silicomanganese may
also be classified under HTSUS subheading. This scope covers all
silicomanganese, regardless of its tariff classification. Although the
HTSUS subheadings are provided for convenience and U.S. Customs and
Border Protection purposes, our written description of the scope
remains dispositive.
The low-carbon silicomanganese excluded from this scope is a
ferroalloy with the following chemical specifications: minimum 55
percent manganese, minimum 27 percent silicon, minimum 4 percent iron,
maximum 0.10 percent phosphorus, maximum 0.10 percent carbon and
maximum 0.05 percent sulfur. Low-carbon silicomanganese is used in the
manufacture of stainless steel and special carbon steel grades, such as
motor lamination-grade steel, requiring a very low carbon content. It
is sometimes referred to as ferromanganese-silicon. Low-carbon
silicomanganese is classifiable under HTSUS subheading 7202.99.8040.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), when Commerce receives information concerning, or a request
from an interested party for a review of, a final affirmative
determination that resulted in an AD order, which shows changed
circumstances sufficient to warrant a review of an order, Commerce
shall conduct a changed circumstances review of the order.\4\ In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by NAVA, supporting its claim that it is
successor-in-interest to NBVL, demonstrates changed circumstances
sufficient to initiate a review of the Order.\5\
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\4\ See 19 CFR 351.216(d).
\5\ See NAVA's CCR Request.
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The information submitted by NAVA demonstrates that its request is
based solely on a change in the name of the company from ``Nava Bharat
Ventures Limited'' to ``NAVA Limited,'' approved by its board of
directors on May 16, 2022.\6\ Moreover, the evidence submitted by NAVA
demonstrates that it is still otherwise the same business
[[Page 64007]]
entity as NBVL, with no changes made in the companies' structure,
operations, key personnel, production facilities, suppliers, or
customers as a result of the name change.\7\ Therefore, in accordance
with the regulation referenced above, Commerce is initiating a CCR to
determine whether NAVA is the successor-in-interest to NBVL.
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\6\ Id. at 1-2.
\7\ Id. at 5-6.
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Preliminary Results
Commerce is permitted by 19 CFR 351.221(c)(3)(ii) to combine the
notice of initiation of a CCR and the preliminary results if Commerce
concludes that expedited action is warranted. In this instance, because
the record contains information necessary to make a preliminary
finding, we find that expedited action is warranted and have combined
the notice of initiation and the preliminary results.
Accordingly, pursuant to section 751(b) of the Act, we have
conducted a successor-in-interest analysis in response to NAVA's
request. In making a successor-in-interest determination in an AD CCR,
Commerce examines several factors, including, but not limited to,
changes in the following: (1) management and ownership; (2) production
facilities; (3) supplier relationships; and (4) customer base.\8\ While
no single factor or combination of factors will necessarily provide a
dispositive indication of a successor-in-interest relationship,
generally, Commerce will consider the new company to be the successor
to the previous company if the new company's resulting operations are
not materially dissimilar to that of its predecessor.\9\ Thus, if the
evidence demonstrates that, with respect to the production and sales of
the subject merchandise, the new company operates as essentially the
same business entity as the former company, Commerce will assign the
new company the cash deposit rate of its predecessor.\10\
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\8\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 83 FR 37784 (August 2, 2018), unchanged in
Certain Frozen Warmwater Shrimp from India: Notice of Final Results
of Antidumping Duty Changed Circumstances Review, 83 FR 49909
(October 3, 2018).
\9\ Id.
\10\ See, e.g., Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012); see also Notice of Initiation and Preliminary
Results of Changed Circumstances Reviews: Certain Passenger Vehicle
and Light Truck Tires from the People's Republic of China, 85 FR
5193 (January 29, 2020), unchanged in Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China: Final Results
of Changed Circumstances Reviews, 85 FR 14638 (March 13, 2020).
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In its CCR request, NAVA provided evidence demonstrating that its
operations are not materially dissimilar from those of NBVL. Based on
the record, we preliminarily determine that NAVA is the successor-in-
interest to NBVL, as the change in the business' name was not
accompanied by significant changes to its management and ownership,
production, facilities, supplier relationships, or customer base. Thus,
we preliminarily determine that NAVA operates as essentially the same
business entity as NBVL, NAVA is the successor-in-interest to NVBL, and
NAVA should receive the same AD cash deposit rate with respect to
subject merchandise as its predecessor, NVBL. For a complete discussion
of the information that NAVA provided, and the complete successor-in-
interest analysis, see the Preliminary Decision Memorandum.\11\ A list
of topics discussed in the Preliminary Decision Memorandum is included
as the appendix 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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\11\ See Memorandum, ``Silicomanganese from India: Initiation
and Preliminary Results of Changed Circumstances Review,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by NAVA the AD cash deposit
rate applicable to NBVL. Commerce will issue its final results of the
review in accordance with the time limits set forth in 19 CFR
351.216(e).
Public Comment
Any interested party may request a hearing within 14 days of
publication of this notice, in accordance with 19 CFR 351.310(c).\12\
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days after the date of publication
of this notice.\13\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than seven days after the case
briefs.\14\ Parties who submit case briefs or rebuttal briefs in this
CCR are requested to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\15\ All submissions must be filed electronically using
ACCESS.\16\ An electronically-filed document must be received
successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time on
the date it is due.\17\ Note that Commerce has temporarily modified
certain requirements for serving documents containing business
proprietary information, until further notice.\18\
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\12\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\13\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\14\ Commerce is exercising its discretion under 19 CFR
351.309(d)(1) to alter the time limit for the filing of rebuttal
briefs.
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(b)
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Unless extended, Commerce will issue the final results of this CCR
in accordance with the time limits set forth in 19 CFR 351.216(e).
Notification to Interested Parties
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b)(1) and 777(i)(1) of
the Act and 19 CFR 351.216 and 351.221(c)(3).
Dated: October 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the Changed Circumstances
Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2022-22873 Filed 10-20-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 21, 2022.
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