Notice2024-18384
Ferrosilicon From Brazil, Kazakhstan, and Malaysia: Postponement of Preliminary Determinations in the Less-Than-Fair-Value 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
August 16, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Page 66678]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18384]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-860, A-834-812, A-557-828]
Ferrosilicon From Brazil, Kazakhstan, and Malaysia: Postponement
of Preliminary Determinations in the Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 16, 2024.
FOR FURTHER INFORMATION CONTACT: Jaron Moore (Brazil) at (202) 482-
3640; Samantha Kinney (Kazakhstan) at (202) 482-2285; Peter Farrell
(Malaysia) at (202) 482-2104, AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On April 17, 2024, the U.S. Department of Commerce (Commerce)
initiated less-than-fair-value (LTFV) investigations on imports of
ferrosilicon from Brazil, Kazakhstan, and Malaysia.\1\ On July 22,
2024, Commerce tolled certain deadlines in these administrative
proceedings by seven days.\2\ The deadline for the preliminary
determinations is now September 11, 2024.
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\1\ See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the
Russian Federation: Initiation of Less-Than-Fair-Value
Investigations, 89 FR 31137 (April 24, 2024).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Postponement of Preliminary Determinations
Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the
Act), requires Commerce to issue the preliminary determination in an
LTFV investigation within 140 days after the date on which Commerce
initiated the investigation. However, section 733(c)(1)(A)(b)(1) of the
Act permits Commerce to postpone the preliminary determination until no
later than 190 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.
Brazil, Kazakhstan, and Malaysia
On July 31, 2024, the petitioners \3\ submitted a timely request
that Commerce postpone the preliminary determinations in the LTFV
investigations.\4\ The petitioners stated that they requested the
postponement because Commerce either has not yet received, or has only
just recently received, full initial questionnaire responses from the
mandatory respondents in all three investigations and additional time
is necessary to allow Commerce and petitioners ``to fully develop the
record, and to review and comment upon the original and any
supplemental responses.'' \5\
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\3\ The petitioners are CC Metals and Alloys, LLC and Ferroglobe
USA, Inc.
\4\ See Petitioners' Letter, ``Petitioners' Request to Postpone
Preliminary Antidumping Duty Determinations,'' dated July 31, 2024.
\5\ Id.
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For the reason stated above and because there are no compelling
reasons to deny the request, Commerce, in accordance with section
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary
determinations by 50 days (i.e., 190 days after the date on which these
investigations were initiated). As a result, Commerce will issue its
preliminary determinations no later than October 31, 2024.\6\ In
accordance with section 735(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, unless postponed at a later date.
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\6\ This deadline has been tolled by seven days. See footnote 2,
supra.
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This notice is issued and published pursuant to section 733(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: August 12, 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. 2024-18384 Filed 8-15-24; 8:45 am]
BILLING CODE 3510-DS-P
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