Notice2025-00544
Sol Gel Alumina-Based Ceramic Abrasive Grains 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
January 14, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 90 Issue 8 (Tuesday, January 14, 2025)</title>
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[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Notices]
[Pages 3179-3183]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00544]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-190]
Sol Gel Alumina-Based Ceramic Abrasive Grains 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 January 6, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Cloyd, Office VII, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1246.
SUPPLEMENTARY INFORMATION:
The Petition
On November 25, 2024, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of sol
gel alumina-based ceramic abrasive grains (ceramic abrasive grains)
from the People's Republic of China (China) filed in proper form on
behalf of Saint-Gobain Ceramics & Plastics, Inc. (the petitioner), a
U.S. producer of ceramic abrasive grains.\1\ The AD Petition was
accompanied by a countervailing duty (CVD) petition concerning imports
of ceramic abrasive grains from China.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated November 25, 2024
(Petition).
\2\ Id.
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Between November 27 and December 6, 2024, Commerce requested
supplemental information pertaining to certain aspects of the Petition
in supplemental questionnaires.\3\ Between December 4 and 12, 2024, the
petitioner filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
November 27, 2024 (General Issues Questionnaire); ``Supplemental
Questions,'' dated November 27, 2024; see also Memorandum, ``Phone
Call with Counsel to the Petitioner,'' dated December 6, 2024
(December 6, 2024, Memorandum).
\4\ See Petitioner's Letters, ``Antidumping and Countervailing
Supplemental Questionnaire Response,'' dated December 4, 2024
(General Issues Supplement); ``Antidumping Supplemental
Questionnaire Response,'' dated December 4, 2024; ``Antidumping and
Countervailing General Issues Supplement Response,'' dated December
9, 2024 (Scope Supplement); and ``Antidumping Supplemental
Questionnaire Response,'' dated December 12, 2024.
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On December 6, 2024, Commerce extended the initiation deadline by
20 days to poll the domestic industry in accordance with sections
732(c)(1)(B) and 732(c)(4)(D) of the Tariff Act of 1930, as amended
(the Act), because the Petition ``{had{time} not established that the
domestic producers or workers accounting for more than 50 percent of
total production support the {Petition{time} . . . .'' \5\
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\5\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping and Countervailing Duty Petitions: Sol
Gel Alumina-Based Ceramic Abrasive Grains from the People's Republic
of China, 89 FR 100465 (December 12, 2024) (Initiation Extension
Notice).
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In accordance with section 732(b) of the Act, the petitioner
alleges that imports of ceramic abrasive grains 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 are materially injuring, or threatening material
injury to, the ceramic abrasive grains 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 section 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 November 25, 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 China LTFV
investigation is April 1, 2024, through September 30, 2024.
Scope of the Investigation
The products covered by this investigation are ceramic abrasive
grains 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
On November 27, 2024 and December 6, 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\ On December 4 and 9, 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 December 6, 2024,
Memorandum.
\8\ See General Issues Supplement at 1-3; see also Scope
Supplement at 4-5.
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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 January 27, 2025, which is the next business day after 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
February 6, 2025, which is 10 calendar days from the initial comment
deadline.
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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). The deadline for scope comments
falls on January 26, 2025, which is a Sunday. In accordance with 19
CFR 351.303(b)(1), Commerce will accept comments filed by 5:00 p.m.
ET on January 27, 2025 (``For both electronically filed and manually
filed documents, if the applicable due date falls on a non-business
day, the Secretary will accept documents that are filed on the next
business day.'').
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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
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional
[[Page 3180]]
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.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ 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 an opportunity to comment
on the appropriate physical characteristics of ceramic abrasive grains
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 questionnaires, all
product characteristics comments must be filed by 5:00 p.m. ET on
January 27, 2025, which is the next business day after 20 calendar days
from the signature date of this notice.\13\ Any rebuttal comments must
be filed by 5:00 p.m. ET on February 6, 2025, 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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\13\ See 19 CFR 351.303(b)(1). The deadline for comments on
product characteristics falls on January 26, 2025, which is a
Sunday. In accordance with 19 CFR 351.303(b)(1), Commerce will
accept comments filed by 5:00 p.m. ET on January 27, 2025 (``For
both electronically filed and manually filed documents, if the
applicable due date falls on a non-business day, the Secretary will
accept documents that are filed on the next business day.'').
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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 apply the same statutory definition regarding the domestic like
product,\14\ 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.\15\
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\14\ See section 771(10) of the Act.
\15\ 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 Algoma Steel Corp., Ltd. v. United
States, 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.\16\ Based on our analysis of the information
submitted on the record, we have determined that ceramic abrasive
grains, as defined in the scope, constitute a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\17\
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\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Sol Gel Alumina-Based Ceramic Abrasive Grains 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 Sol Gel Alumina-Based Ceramic Abrasive
Grains from the People's Republic of China (Attachment II). This
checklist is on file electronically via ACCESS.
\17\ See Attachment II of the China AD Initiation Checklist.
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As noted above, on December 6, 2024, Commerce extended the
initiation deadline by 20 days to poll the domestic industry in
accordance with sections 732(c)(1)(B) and 732(c)(4)(D) of the Act,
because the Petition ``{had{time} not established that the domestic
producers or workers accounting for more than 50 percent of total
production support the {Petition{time} . . . .'' \18\ On December 10,
2024, we issued polling questionnaires to all known producers
identified in the Petition.\19\ We requested that the companies
complete the polling questionnaire and certify their responses by the
due date specified in the cover letter to the questionnaire. We
received timely responses to these questionnaires from domestic
producers on December 17, 2024.\20\ No interested party submitted
comments on the polling questionnaire responses.
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\18\ See Initiation Extension Notice.
\19\ See Commerce's Letters, ``Polling Questionnaire,'' dated
December 10, 2024; see also Memorandum, ``Email to Counsel for
Domestic Producers,'' dated December 23, 2024.
\20\ See Petitioner's Letter, ``Polling Questionnaire
Response,'' dated December 17, 2024; see also 3M Company's Letter,
``Industry Polling Questionnaire Response,'' dated December 17,
2024.
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Our analysis of the data we received in the polling questionnaire
responses indicates that the domestic producers and workers who support
the Petition account for at least 25 percent of the total production of
the domestic like product and more than 50 percent of the
[[Page 3181]]
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\21\
Accordingly, Commerce determines that the industry support requirements
of section 732(c)(4)(A) of the Act have been met and that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
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\21\ See Attachment II of the China AD Initiation Checklists.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that 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 LTFV. In addition, the petitioner alleges that
subject imports from China exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\23\
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\23\ For further information regarding negligibility and the
injury allegation, see China AD Initiation Checklist at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Sol Gel Alumina-Based Ceramic Abrasive Grains from the
People's Republic of China (Attachment III).
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The petitioner contends that the industry's injured condition is
illustrated by the increasing volume of subject imports; reduced market
share; underselling and price depression and/or suppression; lost sales
and revenues; declines in the domestic industry's production, capacity
utilization, and financial performance; and the magnitude of the
alleged dumping margins.\24\ We assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, cumulation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\25\
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\24\ See Attachment III of the China AD Initiation Checklist.
\25\ Id.
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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 LTFV investigations
of imports of ceramic abrasive grains 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 invoice pricing
information for ceramic abrasive grains produced in China and sold in
the U.S. market during the POI.\26\ The petitioner made certain
adjustments to U.S. price to calculate a net ex-factory U.S. price,
where applicable.\27\
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\26\ See China AD Initiation Checklist.
\27\ Id.
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Normal Value
Commerce considers China to be an NME country.\28\ 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 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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\28\ 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 the Republic of T[uuml]rkiye
(T[uuml]rkiye) 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.\29\ The petitioner provided publicly available information
from T[uuml]rkiye to value all FOPs.\30\ Based on the information
provided by the petitioner, we believe it is appropriate to use
T[uuml]rkiye as a surrogate country for China to value all FOPs for
initiation purposes.
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\29\ See China AD Initiation Checklist.
\30\ 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 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 production experience and product-specific
consumption rates as a surrogate to value Chinese manufacturers'
FOPs.\31\ Additionally, the petitioner calculated factory overhead,
selling, general, and administrative expenses, and profit based on the
experience of a Turkish producer of comparable merchandise.\32\
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\31\ See China AD Initiation Checklist.
\32\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of ceramic abrasive grains 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 margins for ceramic abrasive grains from
China covered by this initiation range from 81.98 to 88.32 percent.\33\
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\33\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating a LTFV investigation to determine
whether imports of ceramic abrasive grains 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 identified 11 companies in China as
producers and/or exporters of ceramic abrasive grains.\34\ 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
[[Page 3182]]
Act. Because there are 11 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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\34\ See Petition at Volume I (page I-16 and Exhibit I-5); see
also General Issues Supplement at 1 and Exhibit I-5-Revised.
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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 ceramic abrasive grains 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 January 21, 2025, which is the
next business day after two weeks from the signature date of this
notice.\35\ 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.
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\35\ See 19 CFR 351.303(b)(1). The deadline for Q&V
questionnaire responses falls on January 20, 2025, which is a
federal holiday. In accordance with 19 CFR 351.303(b)(1), Commerce
will accept Q&V questionnaire responses filed by 5:00 p.m. ET on
January 21, 2025 (``For both electronically filed and manually filed
documents, if the applicable due date falls on a non-business day,
the Secretary will accept documents that are filed on the next
business day.'').
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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.\36\
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\36\ 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>.
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have 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 our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 25 days after the date
on which the ITC receives notice from Commerce of initiation of the
investigation, whether there is a reasonable indication that imports of
ceramic abrasive grains from China are materially injuring, or
threatening material injury to, a U.S. industry.\37\ A negative ITC
determination will result in the investigation being terminated.\38\
Otherwise, this LTFV investigation will proceed according to statutory
and regulatory time limits.
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\37\ See section 733(a) of the Act.
\38\ 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 \39\ 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.\40\ 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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\39\ See 19 CFR 351.301(b).
\40\ 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.\41\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed
[[Page 3183]]
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.\42\
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\41\ 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>.
\42\ 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.\43\
Parties must use the certification formats provided in 19 CFR
351.303(g).\44\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\43\ See section 782(b) of the Act.
\44\ 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).\45\
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\45\ 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: January 6, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix--Scope of the Investigation
The merchandise covered by this investigation is sol gel
alumina-based ceramic abrasive grains which are comprised of minimum
94% aluminum oxide (Al<INF>2</INF>O<INF>3</INF>), and may contain
other compounds, including, but not limited to, titanium dioxide,
silicon dioxide, calcium oxide, sodium superoxide, ferric oxide,
magnesium oxide, di-aluminum magnesium tetroxide, lanthanum oxide,
lanthanum magnesium oxide, zirconium dioxide, or zirconium
carbonate. Grain sizes of sol gel alumina-based ceramic abrasive
grains range from 0.85 mm to 0.0395 mm (which corresponds to
American National Standards Institute (ANSI) grit sizes from 20 to
280).
Shapes include but are not limited to angular, sharp, extra
sharp, blocky, splintery, round stripped, triangular or shaped like
extruded rods or stars.
Ceramic abrasive grains have unique crystalline structures that
impart certain advanced properties, such as their extreme hardness
and strength ranging between 16 and 22 gigapascals by the Vickers
Diamond Indent Method, high melting point (2050[deg]C), and a
single- or multi-phase microstructure, which may contain multiple
phases, having crystalline sizes ranging from 0.05 to 30[micro]m.
These ceramic abrasive grains include but are not limited to blue,
white, white-translucent, or off-white opaque colors.
Sol gel alumina-based ceramic abrasive grains are covered by the
scope of this investigation, whether or not incorporated into
downstream articles, including but not limited to, abrasive papers,
grinding wheels, grinding cylinders, and grinding discs. When
incorporated into downstream articles, only the sol gel alumina-
based ceramic abrasive grains component of such articles is covered
by the product scope, and not the downstream product as a whole.
The merchandise subject to this investigation is properly
classified under subheadings 2818.10.2020 and 2818.10.2090 of the
Harmonized Tariff Schedule of the United States (HTSUS). Other
merchandise subject to the current scope, including when
incorporated into the abovementioned downstream articles, may be
classified under HTSUS subheadings 2818.10.1000, 2818.20.0000,
2818.30.0000, 3824.99.1100, 3824.99.1900, 6805.10.0000,
6805.20.0000, 6805.30.1000, 6805.30.5000, 6804.22.1000,
6804.22.4000, 6804.22.6000, 8204.12.0000, 8474.90.0010,
8474.90.0020, 8474.90.0050, and 8474.90.0090. Although the HTSUS
statistical reporting numbers are provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
[FR Doc. 2025-00544 Filed 1-13-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 14, 2025.
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