Silicomanganese From India, Kazakhstan, and Venezuela: Continuation of Antidumping Duty Orders
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Issuing agencies
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on silicomanganese from India, Kazakhstan, and Venezuela would likely lead to the continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders.
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<title>Federal Register, Volume 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102105-102106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29604]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-823, A-834-807, A-307-820]
Silicomanganese From India, Kazakhstan, and Venezuela:
Continuation of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders on silicomanganese
from India, Kazakhstan, and Venezuela would likely lead to the
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of these AD orders.
DATES: Applicable December 10, 2024.
FOR FURTHER INFORMATION CONTACT: Jacob Waddell, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1369.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2002, Commerce published in the Federal Register the AD
orders on silicomanganese from India, Kazakhstan, and Venezuela.\1\ On
May 1, 2024, the ITC instituted,\2\ and Commerce initiated,\3\ the
fourth sunset review of the Orders, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act). As a result of its reviews,
Commerce determined that revocation of the Orders would likely lead to
the continuation or recurrence of dumping and, therefore, notified the
ITC of the magnitude of the margins of dumping likely to prevail should
the Orders be revoked.\4\
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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) (AD
Orders).
\2\ See Silicomanganese from India, Kazakhstan, and Venezuela;
Institution of Five-Year Reviews, 89 FR 35247 (May 1, 2024).
\3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 35073
(May 1, 2024).
\4\ See Silicomanganese from India, Kazakhstan, and Venezuela:
Final Results of the Expedited Fourth Sunset Review of the
Antidumping Duty Orders, 89 FR 67065 (August 19, 2024), and
accompanying Issues and Decision Memorandum (IDM).
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On December 10, 2024, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Silicomanganese from India, Kazakhstan, and Venezuela
Determinations, 89 FR 99281 (December 10, 2024) (ITC Final
Determination).
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Scope of the Orders
For purposes of these Orders, the products covered are all forms,
sizes and compositions of silicomanganese, except low-carbon
silicomanganese, including silicomanganese briquettes, fines and slag.
Silicomanganese is a ferroalloy composed principally of manganese,
silicon and iron, and normally contains much smaller proportions of
minor elements, such as carbon, phosphorous and sulfur. Silicomanganese
is sometimes referred to as ferrosilicon manganese.
Silicomanganese is used primarily in steel production as a source
of both silicon and manganese. Silicomanganese generally contains by
weight not less than 4 percent iron, more than 30 percent manganese,
more than 8 percent silicon and not more than 3 percent phosphorous.
Silicomanganese is properly classifiable under subheading 7202.30.0000
of the Harmonized Tariff Schedule of the United States (HTSUS). Some
silicomanganese may also be classified under HTSUS subheading
7202.99.5040.
The low-carbon silicomanganese excluded from this scope is a
ferroalloy with the following chemical specifications: minimum 55
percent manganese, minimum 27 percent silicon, minimum 4 percent iron,
maximum 0.10 percent phosphorus, maximum 0.10 percent carbon and
maximum 0.05 percent sulfur. Low-carbon silicomanganese is used in the
manufacture of stainless steel and special carbon steel grades, such as
motor lamination grade steel, requiring a very low carbon content. It
is sometimes referred to as ferromanganese-silicon. Low-carbon
silicomanganese is classifiable under HTSUS subheading 7202.99.5040.
This scope covers all silicomanganese, regardless of its tariff
[[Page 102106]]
classification. Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope
remains dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders. U.S. Customs and Border
Protection will continue to collect AD cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be
December 10, 2024.\6\ Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next five-year
reviews of the Orders not later than 30 days prior to fifth anniversary
of the date of the last determination by the ITC.
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\6\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: December 11, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-29604 Filed 12-16-24; 8:45 am]
BILLING CODE 3510-DS-P
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