Notice2024-28694
Certain High Chrome Cast Iron Grinding Media From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
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
December 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain high chrome cast iron grinding media (grinding media) from India is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2023, through March 31, 2024. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 89 Issue 235 (Friday, December 6, 2024)</title>
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[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Notices]
[Pages 96939-96942]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28694]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-930]
Certain High Chrome Cast Iron Grinding Media From India:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain high chrome cast iron grinding media (grinding
media) from India is being, or is likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is April 1, 2023, through March 31, 2024. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable December 6, 2024.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, 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) 482-3797.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
initiated this
[[Page 96940]]
investigation on May 16, 2024.\1\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\2\
On September 10, 2024, Commerce postponed the preliminary determination
of this investigation until November 29, 2024.\3\ For a complete
description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\4\
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\1\ See Certain High Chrome Cast Iron Grinding Media from India:
Initiation of Less-Than-Fair-Value Investigation, 89 FR 45630 (May
23, 2024) (Initiation Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Certain High Chrome Cast Iron Grinding Media from India:
Postponement of Preliminary Determination in the Less-Than-FairValue
Investigation, 89 FR 73366 (September 10, 2024).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain High Chrome Cast Iron Grinding Media from India,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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A list of topics included in the Preliminary Decision Memorandum is
provided in Appendix II of 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>.
Scope of the Investigation
The product covered by this investigation is grinding media from
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\7\
Commerce is not preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I to this
notice. Pursuant to 19 CFR 351.309(c)(2), interested parties may submit
additional comments on the scope of this investigation in scope case
briefs, which may be submitted no later than 30 days after the issuance
of the Preliminary Scope Decision Memorandum.\8\
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\6\ See Initiation Notice, 89 FR at 45631.
\7\ See Memorandum, ``Antidumping Duty and Countervailing Duty
Investigations of Certain High Chrome Cast Iron Grinding Media from
India: Preliminary Scope Decision Memorandum,'' dated concurrently
with this preliminary determination (Preliminary Scope Decision
Memorandum).
\8\ Id.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Constructed export prices have been calculated
in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for AIA Engineering Limited (AIAEL) and its affiliates
(collectively, AIA),\9\ the only individually examined exporter/
producer \10\ in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for AIA is the margin assigned to all other producers
and exporters, pursuant to section 735(c)(5)(A) of the Act.
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\9\ See Memorandum, ``Preliminary Affiliation and Collapsing
Memorandum for AIA Engineering Limited, Welcast Steel Limited, Vega
Industries (Middle East) F.Z.C, and Vega Industries Ltd., USA,''
dated concurrently with this memorandum (Collapsing Memorandum).
\10\ Commerce initially selected both Vega Industries and AIAEL
as the two mandatory respondents for this investigation. See
Respondent Selection Memorandum, dated June 11, 2024. However, AIA
requested on behalf of itself and its affiliated companies,
including Vega Industries, to submit only one set of responses to
Commerce's investigation. Therefore, AIAEL will have the sole
calculated dumping margin in this investigation. For more
information, see Preliminary Decision Memorandum and Collapsing
Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\11\ Adjusted for export subsidies of 2.88 percent (comprised of
1.63 percent for the duty drawback program, 0.07 percent for the
status holder incentive scheme, 0.18 percent for the interest
equalization scheme, and 1.00 percent for the remission of duties
and taxes on export products) for AIA. See Certain High Chrome Cast
Iron Grinding Media from India: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination with Final Antidumping Duty Determination, 89 FR 80865
(October 4, 2024), and accompanying Preliminary Decision Memorandum.
\12\ Commerce preliminarily determines that AIAEL and Welcast
Steel Limited (Welcast) are a single entity. In addition, Commerce
preliminarily determines that AIAEL is affiliated with Vega
Industries (Middle East) F.Z.C (Vega ME) and Vega Industries Ltd.,
USA (Vega USA). See Preliminary Decision Memorandum and Collapsing
Memorandum.
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter/producer average dumping subsidy offset(s))
margin (percent) (percent) \11\
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AIA Engineering Limited \12\ 7.18 4.30
All Others.................. 7.18 4.30
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[[Page 96941]]
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. Any such adjusted cash deposit rate may be
found in the ``Preliminary Determination'' section above. Should
provisional measures in the companion CVD investigation expire prior to
the expiration of provisional measures in this LTFV investigation,
Commerce will direct CBP to begin collecting estimated antidumping duty
cash deposits unadjusted for countervailed export subsidies at the time
that the provisional CVD measures expire. These suspension of
liquidation instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
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 accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. 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.\13\ 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.\14\
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\13\ 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 Final Rule).
\14\ See 19 351.309(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 investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\15\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the 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 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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
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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, within 30 days
after the date of publication of this notice. Requests should contain
1) the party's name, address, and telephone number; 2) the number of
participants and whether any participant is a foreign national; and 3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On October 15, 2024, pursuant to 19 CFR 351.210(e), AIA requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\17\ In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
[[Page 96942]]
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\17\ See AIA's Letter, ``Request to Postpone Final
Determination,'' dated October 15, 2024.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether these imports are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: November 29, 2024.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
Scope of the Investigation
The scope of this investigation covers chrome cast iron grinding
media in spherical (ball) or ovoid shape, with an alloy composition
of seven percent or more (>=7 percent of total mass) chromium (Cr)
content and produced through the casting method, with a nominal
diameter of up to 127 millimeters (mm) and tolerance of plus or
minus 10 mm. The products covered by the scope are currently
classified under Harmonized Tariff Schedule of the United States
(HTSUS) subheading 7325.91.0000. This HTSUS subheading is provided
for convenience and U.S. Customs purposes only. The written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-28694 Filed 12-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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