Notice2024-11908
Ferrosilicon From Brazil, Kazakhstan, and Malaysia: Postponement of Preliminary Determinations in the Countervailing Duty Investigations
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
May 30, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 105 (Thursday, May 30, 2024)</title>
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[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46860-46861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11908]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-861, C-834-813, C-557-829]
Ferrosilicon From Brazil, Kazakhstan, and Malaysia: Postponement
of Preliminary Determinations in the Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 30, 2024.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Laurel Smalley (Brazil),
Peter Shaw (Kazakhstan), and Suresh Maniam (Malaysia), AD/CVD
Operations, Offices I, VII, and VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
9068, (202) 482-3456, (202) 482-0697, or (202) 482-1603, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 17, 2024, the U.S. Department of Commerce (Commerce)
initiated countervailing duty (CVD) investigations of imports of
ferrosilicon from Brazil, Kazakhstan, Malaysia and the Russian
Federation (Russia).\1\
[[Page 46861]]
Currently, the preliminary determinations are due no later than June
21, 2024.
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\1\ See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the
Russian Federation: Initiation of Countervailing Duty
Investigations, 89 FR 31133 (April 24, 2024).
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Postponement of Preliminary Determinations
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a
countervailing duty 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 the request.
On May 17, 2024, the petitioners \2\ submitted a timely request
that Commerce postpone the preliminary CVD determinations with respect
to Brazil, Kazakhstan, and Malaysia.\3\ The petitioners stated that
they request postponement because, due to the number and nature of the
subsidy programs, the normal 65-day deadline for the preliminary
determinations would not provide sufficient time for Commerce to
adequately examine the amount of subsidies that producers and exporters
of subject merchandise in Brazil, Kazakhstan, and Malaysia may have
received.\4\
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\2\ The petitioners are CC Metals and Alloys, LLC and Ferroglobe
USA, Inc.
\3\ See Petitioners' Letter, ``Petitioner's Request to Postpone
the Deadline for the Preliminary Determination,'' dated May 17,
2024. The petitioners did not request a postponement of the CVD
investigation with respect to ferrosilicon from Russia.
\4\ Id. at 2.
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In accordance with 19 CFR 351.205(e), the petitioners 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 determinations to no later
than 130 days after the date on which these investigations were
initiated, i.e., August 26, 2024.\5\ Pursuant to section 705(a)(1) of
the Act and 19 CFR 351.210(b)(1), the deadline for the final
determinations of these investigations will continue to be 75 days
after the date of the preliminary determinations.
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\5\ Postponing the preliminary determination to 130 days after
initiation would place the deadline on Sunday, August 25, 2024.
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).
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This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: May 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-11908 Filed 5-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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