Notice2024-18008
Certain Tungsten Shot From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation
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
August 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 156 (Tuesday, August 13, 2024)</title>
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[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65856-65860]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18008]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-178]
Certain Tungsten Shot From the People's Republic of China:
Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 6, 2024.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6172.
SUPPLEMENTARY INFORMATION:
The Petition
On July 10, 2024, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
certain tungsten shot (tungsten shot) from the People's Republic of
China (China) filed in proper form on behalf of Tungsten Parts Wyoming,
Inc. (the petitioner), a U.S. producer of tungsten shot.\1\ The
Petition was accompanied by a countervailing duty (CVD) petition
concerning imports of tungsten shot from China.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated July 10, 2024 (the
Petition).
\2\ Id.
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\3\ The deadline for initiation
is now August 6, 2024.
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Between July 12 and July 25, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\4\ The petitioner responded to Commerce's
supplemental questionnaires between July 18 and July 26, 2024.\5\
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\4\ See Commerce's Letters, ``Supplemental Questions,'' dated
July 12, 2024 (General Issues Questionnaire); ``Supplemental
Questions,'' dated July 12, 2024; and ``Supplemental Questions,''
dated July 25, 2024; see also Memorandum, ``Phone Call with Counsel
to Petitioner,'' dated July 22, 2024 (July 22 Memorandum).
\5\ See Petitioner's Letters, ``Petitioner's Response to
Supplemental Questions Regarding Common Issues and Injury Volume I
of the Petitions,'' dated July 18, 2024 (First General Issues
Supplement); ``Petitioner's Response to Supplemental Questions
Regarding Volume II of the Petitions,'' dated July 18, 2024;
``Petitioner's Response to Second Supplemental Questions Regarding
Volume II of the Petitions,'' dated July 23, 2024; ``Petitioner's
Response to Second Supplemental Questions Regarding Volume I of the
Petitions,'' dated July 24, 2024 (Second General Issues Supplement);
and ``Petitioner's Response to Third Supplemental Questions
Regarding Volume I of the Petitions,'' dated July 26, 2024 (Third
General Issues Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of tungsten shot
from China are being, or are likely to be, sold in the United States at
less than fair value (LTFV) within the meaning of section 731 of the
Act, and that imports of such products materially retard the
establishment of an industry in the United States, or in the
alternative, that such products are materially injuring, or threatening
material injury to, the tungsten shot industry in the United States.
Consistent with section 732(b)(1) of the Act, the Petition was
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in sections 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigation.\6\
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\6\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation
Because the Petition was filed on July 10, 2024, and because China
is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for the China LTFV
investigation is January 1, 2024, through June 30, 2024.
Scope of the Investigation
The product covered by this investigation is tungsten shot from
China. For a full description of the scope of this investigation, see
the appendix to this notice.
Comments on the Scope of the Investigation
Between July 12 and July 22, 2024, Commerce requested information
and clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ Between July 18 and July 24, 2024, the petitioner provided
clarifications and revised the scope.\8\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\7\ See General Issues Questionnaire; see also July 22
Memorandum.
\8\ See First General Issues Supplement at 1; see also Second
General Issues Supplement at 1-2.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on August 26, 2024, which is 20 calendar days from the
signature date of this notice.\11\ Any rebuttal comments, which may
include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on September 5, 2024, which
is 10 calendar days from the initial comment deadline.\12\
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b)(1).
\12\ Id.
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
[[Page 65857]]
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties with an opportunity to
comment on the appropriate physical characteristics of tungsten shot to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
product characteristics comments must be filed by 5:00 p.m. ET on
August 26, 2024, which is 20 calendar days from the signature date of
this notice.\14\ Any rebuttal comments must be filed by 5 p.m. ET on
September 5, 2024, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
LTFV investigation.
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\14\ See 19 CFR 351.303(b)(1).
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\17\ Based on our analysis of the information
submitted on the record, we have determined that tungsten shot, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\18\
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\17\ See Petition at Volume I (pages 8-11 and Exhibit I-9); see
also First General Issues Supplement at 3-4 and Exhibit I-SUPP-5.
\18\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Certain Tungsten Shot from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(China AD Initiation Checklist) at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Certain Tungsten Shot from the People's Republic
of China (Attachment II). This checklist is on file electronically
via ACCESS.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2023.\19\ The petitioner
stated that there are no other known producers of tungsten shot in the
United States; therefore, the Petition is supported by 100 percent of
the U.S. industry.\20\ We relied on data provided by the petitioner for
purposes of measuring industry support.\21\
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\19\ See Petition at Volume I (page 2 and Exhibits I-3 and I-
10); see also Third General Issues Supplement at 2 and Exhibit I-
SUPP3-1.
\20\ Id. at 2 and Exhibit I-3; see also First General Issues
Supplement at 2-3 and Exhibits I-SUPP-1 through I-SUPP-4; and Second
General Issues Supplement at 2 and Exhibits I-SUPP-3 AND I-SUPP-4.
\21\ See Petition at Volume I (page 2 and Exhibit I-3); see also
First General Issues Supplement at 2-3 and Exhibits I-SUPP-1 through
I-SUPP-4; Second General Issues Supplement at 2 and Exhibits I-SUPP-
3 AND I-SUPP-4; and Third General Issues Supplement at 1 and Exhibit
I-SUPP3-1. For further discussion, see Attachment II of the China AD
Initiation Checklist.
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Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, the Third
General Issues Supplement, and other information readily available to
Commerce indicates that the petitioner has established industry support
for the Petition.\22\ First, the Petition established support from
domestic producers (or workers) accounting for more than 50 percent of
[[Page 65858]]
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\23\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petition account for at least 25 percent of
the total production of the domestic like product.\24\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petition account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petition.\25\ Accordingly, Commerce determines that
the Petition was filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\26\
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\22\ See Attachment II of the China AD Initiation Checklist.
\23\ Id.; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the China AD Initiation Checklist.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Retardation, Material Injury, and
Causation
Section 773(a)(1)(B) of the Act states that the ITC ``shall
determine . . . whether there is a reasonable indication that the
establishment of an industry in the United States is materially
retarded by reason of imports of the subject merchandise.'' The
petitioner alleges that imports of subject merchandise sold at LTFV
from China have materially retarded the establishment of the U.S.
industry producing tungsten shot.\27\ The petitioner argues that that
its production has been ``modest'' and has not stabilized and,
therefore, the U.S. industry producing tungsten shot has not been
established.\28\ To support its argument, the Petitioner examines the
five factors \29\ considered by the ITC to determine if an industry is
established,\30\ as set forth in the ITC's AD/CVD Handbook.\31\ If the
ITC determines that an industry is not established, it then considers
whether the performance of the industry reflects normal start-up
difficulties or whether the imports of the subject merchandise have
materially retarded the establishment of the industry.\32\ The
petitioner contends that the domestic industry has performed
substantially worse than what could reasonably be expected during
normal start-up conditions, thereby demonstrating that the
establishment of the domestic industry has been materially retarded by
subject imports.\33\ The petitioner also alleges that, in the
alternative, the U.S. industry producing the domestic like product is
being materially injured, or is threatened with material injury, by
reason of the imports of the subject merchandise sold at less than
LTFV.\34\ In addition, the petitioner alleges that subject imports
exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\35\
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\27\ See Petition at Volume I (pages 11-25 and Exhibits I-3, I-
7, and I-10 through I-14); see also Second General Issues Supplement
at 3 and Exhibit I-SUPP2-3; and Third General Issues Supplement at 1
and Exhibit I-SUPP3-1.
\28\ See Petition at Volume I (pages 13-18 and Exhibits I-3 and
I-10); see also Second General Issues Supplement at 3 and Exhibit I-
SUPP2-3; and Third General Issues Supplement at 1 and Exhibit I-
SUPP3-1.
\29\ For a discussion of the factors related to whether an
industry is established, see China AD Initiation Checklist at
Attachment III, Analysis of Allegations and Evidence of Material
Retardation, Material Injury, and Causation for the Antidumping and
Countervailing Duty Petitions Covering Certain Tungsten Shot from
the People's Republic of China (Attachment III).
\30\ See Petition at Volume I (pages 13-18 and Exhibits I-3 and
I-10) see also Third General Issues Supplement at 1 and Exhibit I-
SUPP3-1.
\31\ See Antidumping and Countervailing Duty Handbook (14th
Ed.), USITC Pub. 4540 (June 2015) at II-33.
\32\ Id.
\33\ See Petition at Volume I (Exhibit I-13); see also Second
General Issues Supplement at 3.
\34\ See Petition at Volume I (page 25).
\35\ Id. at 21-22 and Exhibit I-12; see also First General
Issues Supplement at 4; and Second General Issues Supplement at 2-3
and Exhibit I-SUPP2-4.
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The petitioner contends that the industry's materially retarded, or
in the alternative, injured condition is illustrated by a significant
volume of subject imports; significant market share of subject imports;
lost sales and revenues; underselling and price depression and/or
suppression; and negative impact on income and financial
performance.\36\ We assessed the allegations and supporting evidence
regarding material retardation, or in the alternative, material injury,
threat of material injury, causation, as well as negligibility, and we
have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\37\
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\36\ See Petition at Volume I (pages 11-30 and Exhibits I-3, I-
7, and I-10 through I-18); see also First General Issues Supplement
at 4-5 and Exhibit I-SUPP-6; Second General Issues Supplement at 2-3
and Exhibits I-SUPP2-2 through I-SUPP2-3; and Third General Issues
Supplement at 1 and Exhibit I-SUPP3-1.
\37\ See Attachment III of the China AD Initiation Checklist.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an LTFV
investigation of imports of tungsten shot from China. The sources of
data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the China AD
Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on pricing information for
sales, or offers for sale, of tungsten shot produced in and exported
from China.\38\ The petitioner made certain adjustments to U.S. price
to calculate a net ex-factory U.S. price, where applicable.\39\
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\38\ See China AD Initiation Checklist.
\39\ Id.
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Normal Value
Commerce considers China to be an NME country.\40\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this China LTFV investigation.
Accordingly, we base NV on FOPs valued in a surrogate market economy
country in accordance with section 773(c) of the Act.
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\40\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioner claims that Chile is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\41\ The petitioner provided
publicly available information from Chile to value all FOPs.\42\ Based
on the information provided by the petitioner, we believe it is
appropriate to use Chile as a surrogate country for China to value all
FOPs for initiation purposes.
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\41\ See China AD Initiation Checklist.
\42\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
[[Page 65859]]
opportunity to submit publicly available information to value FOPs
within 30 days before the scheduled date of the preliminary
determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioner used its own product-specific consumption rates as a
surrogate to value Chinese manufacturers' FOPs.\43\ Additionally, the
petitioner calculated factory overhead, selling, general, and
administrative expenses, and profit based on the experience of a
Chilean producer of comparable merchandise.\44\
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\43\ Id.
\44\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of tungsten shot from China are being, or are
likely to be, sold in the United States at LTFV. Based on comparisons
of EP to NV, in accordance with sections 772 and 773 of the Act, the
estimated dumping margin is 201.32 percent ad valorem.\45\
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\45\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
questionnaire responses, we find that they meet the requirements of
section 732 of the Act. Therefore, we are initiating an LTFV
investigation to determine whether imports of tungsten shot from China
are being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 140 days after the date of this initiation.
Respondent Selection
In the Petition, the petitioner named 10 companies in China as
producers and/or exporters of tungsten shot.\46\ Our standard practice
for respondent selection in AD investigations involving NME countries
is to select respondents based on quantity and value (Q&V)
questionnaires in cases where Commerce has determined that the number
of companies is large, and it cannot individually examine each company
based upon its resources. Therefore, considering the number of
producers and/or exporters identified in the Petition, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce
determines that the number is large and decides to limit the number of
respondents individually examined pursuant to section 777A(c)(2) of the
Act. Because there are 10 Chinese producers and/or exporters identified
in the Petition, Commerce has determined that it will issue Q&V
questionnaires to each potential respondent for which there is complete
address information on the record.
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\46\ See Petition at Volume I (page 6 and Exhibit I-6).
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of tungsten shot from China
that do not receive Q&V questionnaires may still submit a response to
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire
from Commerce's website. Responses to the Q&V questionnaire must be
submitted by the relevant Chinese producers/exporters no later than
5:00 p.m. ET on August 20, 2024, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. The separate rate application will be
due 30 days after publication of this initiation notice. Exporters and
producers must file a timely separate rate application if they want to
be considered for individual examination. Exporters and producers who
submit a separate rate application and have been selected as mandatory
respondents will be eligible for consideration for separate rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that companies from China
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines to receive consideration
for separate rate status. Companies not filing a timely Q&V
questionnaire response will not receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that {Commerce{time}
will now assign in its NME investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the {weighted average{time} of the individually
calculated rates. This practice is referred to as the application of
``combination rates'' because such rates apply to specific
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\47\
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\47\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of tungsten shot from China materially retard
the establishment of a U.S. industry, or that such imports are
materially injuring, or threatening
[[Page 65860]]
material injury to, a U.S. industry.\48\ A negative ITC determination
will result in the investigation being terminated.\49\ Otherwise, this
LTFV investigation will proceed according to statutory and regulatory
time limits.
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\48\ See section 733(a) of the Act.
\49\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \50\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\51\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\50\ See 19 CFR 351.301(b).
\51\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\52\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\53\
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\52\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\53\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\54\
Parties must use the certification formats provided in 19 CFR
351.303(g).\55\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\54\ See section 782(b) of the Act.
\55\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\56\
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\56\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
Scope of the Investigation
The merchandise covered by the investigation is certain tungsten
spheres or balls, also known as shot, that are 92.6 percent or
greater tungsten by weight, not including the weight of any
additional coating. In scope shot have a diameter ranging from 1.5
millimeters (mm) to 10.0 mm. Subject shot can be referred to as
``Tungsten Super Shot.'' Merchandise is covered regardless of the
combination of compounds that comprise the non-tungsten material and
whether or not the tungsten shot is additionally coated with another
material, including but not limited to copper, nickel, iron, or
metallic alloys.
Tungsten shot subject to the investigation may be classified
under the following Harmonized Tariff Schedule of the United States
(HTSUS) subheading: 9306.29.0000. Merchandise may also be entered
under HTSUS subheading 8101.99.8000. The HTSUS subheadings are
provided for convenience and customs purposes only. The written
description of the scope of the investigation is dispositive.
[FR Doc. 2024-18008 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 13, 2024.
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