Silicomanganese From India: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) finds that Maithan Alloys Limited (MAL) made sales of subject merchandise at less than normal value during the period of review (POR) May 1, 2022, through April 30, 2023. Additionally, we are rescinding the review with respect to Rajadhiraj Tirupani Vinayak Natraj Pvt. Ltd. (RTVN), because we find that it had no shipments of subject merchandise during the POR.
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106430-106432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30929]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-823]
Silicomanganese From India: Final Results and Partial Rescission
of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that Maithan
Alloys Limited (MAL) made sales of subject merchandise at less than
normal value during the period of review (POR) May 1, 2022, through
April 30, 2023. Additionally, we are rescinding the review with respect
to Rajadhiraj Tirupani Vinayak Natraj Pvt. Ltd. (RTVN), because we find
that it had no shipments of subject merchandise during the POR.
DATES: Applicable December 30, 2024.
FOR FURTHER INFORMATION CONTACT: Sarah Keith, 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) 482-0264.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2024, Commerce published the preliminary results of the
2022-2023 administrative review of the antidumping duty order on
silicomanganese from India.\1\ We invited interested parties to comment
on the Preliminary Results.\2\ No interested parties submitted
comments; thus, no decision memoranda accompany this notice. The
Preliminary Results are hereby adopted as the final results of this
review. Commerce conducted this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). On October 16,
2024, in accordance with section 751(a)(3)(A) of the Act, Commerce
extended the deadline for the final results of this review by 60 days,
until December 16, 2024.\3\ On December 9,
[[Page 106431]]
2024, Commerce tolled the deadlines to issue the preliminary or final
results in all ongoing administrative reviews by 90 days.\4\
Accordingly, the deadline for Commerce to issue the final results in
this administrative review is now March 17, 2025.
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\1\ See Silicomanganese from India: Preliminary Results,
Preliminary Results of Antidumping Duty Administrative Review and
Intent to Rescind, in Part; 2022-2023, 89 FR 49152 (June 11, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Preliminary Results, 89 FR at 49153.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing [sic] Duty Administrative Review,'' dated October 16,
2024. The memorandum title should read, ``Extension of Deadline for
Final Results of Antidumping Duty Administrative Review.''
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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Scope of the Order <SUP>5</SUP>
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\5\ 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).
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The merchandise covered by the scope of the Order is
silicomanganese from India. A full description of the scope of the
Order is provided in the Preliminary Results.\6\
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\6\ See Preliminary Results PDM at 2.
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Recission of Administrative Review, in Part
In the Preliminary Results, we stated that we intended to rescind
this review with respect to RTVN, which we preliminarily found had no
shipments of subject merchandise during the POR, pursuant to 19 CFR
351.213(d)(3).\7\ No party filed comments with respect to our
preliminary finding and intent to rescind the review. Therefore, we are
rescinding the administrative review with respect to RTVN.
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\7\ Id at 3.
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Final Results of the Review
We determine the following estimated weighted-average dumping
margin for the period May 1, 2022, through April 30, 2023.
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Weight-
average
Exporter/producer dumping
margin
(percent)
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Maithan Alloys Limited...................................... 1.71
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Disclosure
Because Commerce received no comments on the Preliminary Results,
we have not modified our analysis. Consequently, there are no
calculations to disclose in accordance with 19 CFR 351.224(b) for these
final results.
Assessment Rates
Pursuant to section 751(a)(2)(C) 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. If the weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent), upon completion of the final
results, 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.\8\ 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. Where the weighted-average
dumping margin is zero or de minimis, or 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.\9\
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\8\ See 19 CFR 351.212(b)(1).
\9\ See 19 CFR 352.106(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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For entries of subject merchandise during the POR produced by MAL
for which it did not know that the merchandise it sold to the
intermediary (e.g., reseller, trading company, or exporter) was
destined for the United States, we will instruct CBP to liquidate such
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\10\
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\10\ 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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For the company for which we are rescinding this review, we will
instruct CBP to assess antidumping duties on all appropriate entries at
a rate equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue
these rescission instructions to CBP no earlier than 35 days after the
publication of this notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results 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).
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 cash deposit rate for the companies
under review will equal to the dumping margin established in the final
results of this review for each respondent (except, if that rate is de
minimis, 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.\11\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ See Order.
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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)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information
[[Page 106432]]
disclosed under the 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/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
Commerce is issuing and publishing the final results of this review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-30929 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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