Notice2025-07287
Certain High Chrome Cast Iron Grinding Media From India: Final Affirmative Countervailing Duty Determination
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
April 28, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain high chrome cast iron grinding media (grinding media) from India. The period of investigation (POI) is April 1, 2023, through March 31, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 80 (Monday, April 28, 2025)</title>
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[Federal Register Volume 90, Number 80 (Monday, April 28, 2025)]
[Notices]
[Pages 17575-17577]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07287]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-931]
Certain High Chrome Cast Iron Grinding Media From India: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain high chrome cast iron grinding media (grinding media) from
India. The period of investigation (POI) is April 1, 2023, through
March 31, 2024.
DATES: Applicable April 28, 2025.
FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3693.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2024, Commerce published in the Federal Register its
Preliminary Determination in the in the countervailing duty (CVD)
investigation of grinding media from India and invited interested
parties to comment.\1\ In the Preliminary Determination, and in
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final
countervailing duty (CVD) determination with the final determination in
the less-than-fair-value investigation of grinding media from India.\2\
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\1\ 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) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Preliminary Determination, 89 FR at 22386.
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\3\
The Issues and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Certain High Chrome Cast Iron Grinding Media from
India,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are grinding media from
India. For a complete description of the scope of the investigation,
see Appendix I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.\4\
Therefore, we made no changes to the scope of the investigation from
that published in the Preliminary Determination for the final
determination.
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\4\ See Preliminary Determination.
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Verification
As provided in section 782(i) of the Act, in February 2025,
Commerce conducted verification of the subsidy information reported by
AIA Engineering Ltd. (AIA) and Vega Industries (Middle East) F.Z.C.
(collectively, AIA/Vega), and the Government of India (GOI).\5\
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\5\ See Memorandum, ``Verification of the Questionnaire
Responses of the Government of India,'' dated February 28, 2025
(GOI's Verification Report); see also Memorandum, ``Verification of
the Questionnaire Responses of AIA Engineering Ltd.,'' dated
February 28, 2025 (AIA's Verification Report).
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs by parties in this investigation, are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\6\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum. In making this final determination,
Commerce relied, in part, on facts otherwise available, including with
an adverse inference, pursuant to sections 776(a) and (b) of the Act.
For a full discussion of our application of adverse facts available
(AFA), see the Issues and Decision Memorandum at Comments 2 and 5.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Changes Since the Preliminary Determination
Based on our review and analysis of the information received during
verification and comments received from parties, for this final
determination, we made certain changes to the countervailable subsidy
rate calculations for AIA/Vega, and for all other producers/exporters.
For a discussion of these changes, see the Issues and Decision
Memorandum.
[[Page 17576]]
All-Others Rate
Section 705(c)(5)(A) of the Act provides that in a final
determination, Commerce shall determine an estimated all-others rate
for companies not individually examined equal to the weighted average
of the estimated countervailable subsidy rates established for
exporters and producers individually examined, excluding any zero or de
minimis countervailable subsidy rates and any rates based entirely
under section 776 of the Act (facts available). If the individual
estimated countervailable subsidy rates established for all exporters
and producers individually examined are zero, de minimis, or determined
entirely under section 776 of the Act, section 705(c)(5)(A)(ii) of the
Act provides that Commerce may use any reasonable method to establish
an estimated all-others countervailable subsidy rate for exporters and
producers not individually investigated, including averaging the
weighted average countervailable subsidy rates determined for the
exporters and producers individually investigated.
In this investigation, we continue to calculate an individual total
net countervailable subsidy rate for AIA/Vega and its affiliate Welcast
Steels Ltd. (Welcast), the sole producer/exporter individually examined
in this investigation, that is not zero, de minimis, or based entirely
on facts otherwise available and there are no other countervailable
subsidy rates on the record. Given these facts, Commerce has determined
that a reasonable method for establishing the estimated all-others
countervailable subsidy rate is to assign AIA/Vega's estimated
countervailable subsidy rate to all other producers and exporters.
Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist for the period April 1, 2023,
through March 31, 2024:
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Subsidy rate (percent
Company ad valorem)
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AIA Engineering Limited; Vega Industries (Middle 3.16
East) F.Z.C; Welcast Steels Ltd.\7\.............
All Others....................................... 3.16
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Disclosure
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\7\ As discussed in the Preliminary Determination, we found that
AIA is cross owned with Vega Industries and Welcast. See Preliminary
Determination PDM at 4-6. For this final determination, Commerce
continues to find that these companies are cross owned.
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Commerce intends to disclose its calculations performed to
interested parties in this final determination within five days of its
public announcement or, if there is no public announcement, within five
days of the date of the publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after October 4, 2024, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we instructed CBP to
discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse, on or after February
1, 2025, but to continue the suspension of liquidation of all entries
of subject merchandise on or before January 31, 2025.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for such entries of subject merchandise in the amounts indicated above.
Pursuant to section 705(c)(2) of the Act, if the ITC determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated, and all estimated duties deposited or
securities posted as a result of the suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of grinding
media from India. As Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threated with material injury, by reason of
import of grinding media from India. In addition, we are making
available to the ITC all non-privileged and non-proprietary information
in our files, provided the ITC confirms that it will not disclose such
information, either publicly or under administrative protective order
(APO), without the written consent of the Assistant Secretary for
Enforcement and Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a countervailing duty order directing CBP to
assess, upon further instruction by Commerce, countervailing duties on
all imports of the subject merchandise that are entered, or withdrawn,
for consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice will serve as the only reminder to parties subject to
the APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). 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
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
[[Page 17577]]
Dated: April 21, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Use of Facts Otherwise Available and Application of Adverse
Inferences
IV. Subsidies Valuation
V. Changes Since the Preliminary Determination
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Remission of Duties and Taxes on Export
Products (RoDETP) is Countervailable
Comment 2: Whether the Discounted Energy Rate Scheme (DERS) is
Specific
Comment 3: Whether Commerce Erred in its Calculation of the
Status Holders Incentive Scrip (SHIS) Program
Comment 4: Whether Commerce Erred in Calculating the State
Government of Gujarat (SGOG) Electricity Duty Exemption
Comment 5: Whether Commerce Should Apply Adverse Facts Available
(AFA) to AIA's Export Promotion of Capital Goods (EPCG) Scheme
VIII. Recommendation
[FR Doc. 2025-07287 Filed 4-25-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 28, 2025.
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