Notice2024-12743
Silicomanganese From India: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind, in Part; 2022-2023
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
June 11, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that silicomanganese from India was sold in the United States at less than normal value during the period of review (POR) May 1, 2022, through April 30, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 113 (Tuesday, June 11, 2024)</title>
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[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49152-49154]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12743]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-823]
Silicomanganese From India: Preliminary Results of Antidumping
Duty Administrative Review and Intent To Rescind, in Part; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that silicomanganese from India was sold in the United
States at less than normal value during the period of review (POR) May
1, 2022, through April 30, 2023. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 11, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, 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) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2002, Commerce published the antidumping duty order on
silicomanganese from India.\1\ On May 19, 2023, Commerce received a
timely request to conduct an administrative review of the Order from
Maithan Alloys Limited (MAL),\2\ and on May 31, 2023, Eramet Marietta,
Inc. (the petitioner) requested a review of MAL and Rajadhiraj Tirupani
Vinayak Natraj Pvt. Ltd. (RTVN).\3\ On July 12, 2023, in accordance
with 19 CFR 351.221(c)(i), Commerce initiated an administrative review
of MAL and RTVN.\4\ Pursuant to section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), on January 26, 2024, Commerce extended
the deadline for the preliminary results of this review until May 23,
2024.\5\
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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 MAL's Letter, ``Request for Administrative Review of
Antidumping Order on behalf of Maithan Alloys Limited,'' dated May
19, 2023.
\3\ See Petitioner's Letter, ``Request for Administrative Review
of Antidumping Duty Order,'' dated May 31, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
26, 2024.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is available 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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review:
Silicomanganese from India; 2022-2023,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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[[Page 49153]]
Scope of the Order
The products covered by this Order are all forms, sizes and
compositions of silicomanganese, except low-carbon silicomanganese. For
a full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Intent To Rescind, in Part
As explained in the Preliminary Decision Memorandum, Commerce finds
that RTVN had no suspended entries of subject merchandise and,
therefore, pursuant to 19 CFR 351.213(d)(3), we intend to rescind the
review with respect to RTVN.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine the following estimated weighted-average
dumping margin for the period May 1, 2022, through April 30, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
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Maithan Alloys Limited..................................... 1.71
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Disclosure and Public Comment
Commerce intends to disclose its calculations performed to
interested parties for these preliminary results 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 the Federal
Register in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\7\ Commerce will
notify interested parties of the deadline for submission of case
briefs. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\8\ Interested parties who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\9\
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\7\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Procedures.
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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, filed
electronically, using ACCESS. Hearing requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. Issues raised
in the hearing will be limited to those raised in the case and rebuttal
briefs. An electronically filed request must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days of
the publication date of this notice. If a request for a hearing is
made, parties will be notified of the time and date of the hearing.\12\
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\12\ See 19 CFR 351.310(d).
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this administrative 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).
If MAL's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review,
Commerce intends to calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those sales.
Where we do not have entered values for all U.S. sales to a particular
importer, we will calculate an importer-specific, per-unit assessment
rate on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales to the total quantity of
those sales.\13\ To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also will calculate an importer-specific ad valorem ratio based on
estimated entered values. If MAL's weighted-average dumping margin is
zero or de minimis or where an importer-specific ad valorem assessment
rate is zero or de minimis, we will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by MAL for
which it did not know that the merchandise was destined for the United
States, we intend to instruct CBP to liquidate those entries at the
all-others rate in the original less-than-fair-value
[[Page 49154]]
investigation (i.e., 17.74 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\15\
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\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
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, as provided for by section
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for
MAL will be equal to the weighted-average dumping margin established in
the final results of this review (except, if that rate is de minimis
within the meaning of 19 CFR 351.106(c)(1), then the cash deposit rate
will be zero); (2) for producers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently-completed segment of this proceeding in which
they were reviewed; (3) if the exporter is not a firm covered in this
review or a prior segment of the proceeding but the producer is, then
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 17.74 percent, the all-others rate
established in the less-than-fair-value investigation.\16\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\16\ See Order, 86 FR at 7530.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
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.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind, In Part
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-12743 Filed 6-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 11, 2024.
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