Notice2025-10982
Slag Pots From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value
Primary source
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Published
June 17, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that slag pots from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2024, through September 30, 2024. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 90 Issue 115 (Tuesday, June 17, 2025)</title>
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[Federal Register Volume 90, Number 115 (Tuesday, June 17, 2025)]
[Notices]
[Pages 25584-25586]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10982]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-196]
Slag Pots From the People's Republic of China: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that slag pots from the People's Republic of China (China)
are being, or are likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation is April 1, 2024,
through September 30, 2024. Interested parties are invited to comment
on this preliminary determination.
DATES: Applicable June 17, 2025.
FOR FURTHER INFORMATION CONTACT: George McMahon, 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) 482-1167.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on January 28,
2025.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to 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>.
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\1\ See Slag Pots from the People's Republic of China:
Initiation of Less-Than-Fair-Value Investigation, 90 FR 8276
(January 28, 2025) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Slag Pots from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are slag pots from
China. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ 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
submitted to the record for this preliminary determination, and
accompanying discussion and analysis of the comments timely received,
see the Preliminary Scope Decision Memorandum.\5\ Commerce is
preliminarily modifying the scope language as it appeared in the
Initiation Notice. See the revised scope in Appendix I to this notice.
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\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice, 90 FR at 8277.
\5\ See Memorandum, ``Antidumping Duty and Countervailing Duty
Investigations of Slag Pots from the People's Republic of China:
Preliminary Scope Decision Memorandum,'' dated March 27, 2025
(Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act,
Commerce preliminarily has relied upon facts otherwise available, with
adverse inferences, for the China-wide entity which includes: (1)
Chaeng Great Wall Casting Co., Ltd.; (2) Chaugzhou Jinyuan Machinery
Equipment Ltd. Co.; (3) China Minmetals Corporation; (4) Dawang Metals
Co. Ltd.; (5) Dehua Protech Innovation Co., Ltd.; (6) Liaoning Mineral
and Metallurgy Group Co. Ltd.; (7) MCC Baosteel Technology Services
Co., Ltd.; (8) Shantou Huaxing Metallurgical Equipment Co. Ltd.; (9)
Shaoguan Germany China Metal Group, Ltd.; (10) Shenyang Minmetal Import
& Export Co., Ltd.; and (11) UMECC Beijing Equipment Co., Ltd. For a
full description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\6\ Commerce stated that it would
calculate producer/exporter combination rates for the
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respondents that are eligible for a separate rate in this
investigation. Policy Bulletin 05.1 describes this practice.\7\ In this
case, because no respondent qualified for a separate rate, producer/
exporter combination rates were not calculated.
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\6\ See Initiation Notice, 90 FR at 8280.
\7\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
dumping margin exists:
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Cash deposit
Weighted- rate (adjusted
Producer/exporter average dumping for subsidy
margin offset
(percent) (percent))
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China-Wide Entity..................... * 294.43 278.81
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* Rate is based on facts available with adverse inferences.
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 subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. 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 weighted-average amount by which normal value
exceeds U.S. price, as indicated in the chart above, as follows: (1)
for all combinations of Chinese producers/exporters of merchandise
under consideration that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the estimated
weighted-average dumping margin established for the China-wide entity;
and (2) for all third-country exporters of merchandise under
consideration, the cash deposit rate is the cash deposit rate
applicable to the China-wide entity.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the ``Preliminary Determination'' section's chart
of estimated weighted-average dumping margins 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 cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of its 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). However, because Commerce
preliminarily determined that all companies are part of the China-wide
entity and assigned to the China-wide entity, as AFA, a rate that is
based solely on the margin alleged in the Petition, there are no
calculations to disclose.\8\
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\8\ See Petitioner's Letter, ``Slag Pots from the People's
Republic of China: Petitions for the Imposition of Antidumping and
Countervailing Duties,'' dated December 31, 2024 (Petition).
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Verification
Because no companies in this investigation demonstrated eligibility
for a separate rate, Commerce preliminarily determines that all
companies are part of the China-wide entity; therefore, verification
will not be conducted.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than 14 days after the date of publication of the preliminary
determination. 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.\9\ 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.\10\
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\9\ 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).
\10\ See 19 CFR 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 a public
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.\11\
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
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the service of documents in 19 CFR 351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ 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; (3) and
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a date and time to be
determined.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. 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 imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: June 10, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
Scope of the Investigation
The merchandise covered by the investigation is slag pots with a
nominal capacity of 65 cubic feet to 1200 cubic feet regardless of
shape, form, or finish.
Slag pots are load bearing devices typically formed as a curved
shell or bowl-shaped container. Slag pots are metallurgical goods
typically produced either using a casting process or a fabrication
process (e.g., welding) and may include a ceramic refractory
coating, heat treatment or various finishes in order to handle high
temperature slag. Slag pots may contain integral features or
attachments including (1) legs (or a stand) and (2) pivotal mounting
hooks or brackets. Legs (or a stand) are a fixed or detachable
support structure which allows the slag pot to be securely
positioned upright on a surface when not being lifted or transported
and may also keep the slag pot off the ground and allow for air
cooling. The pivotal mounting hooks and brackets are specialized
attachment points (such as lifting lugs or trunnions) that allow the
slag pot to be securely lifted and transported by a crane or lifting
device, or that enable the slag pot to swing or rotate while
remaining attached to the lifting mechanism. The merchandise covered
by this investigation includes all aforementioned attachments of a
fully assembled slag pot, regardless of whether shipped assembled or
unassembled.
Slag pots are included within the scope whether finished or
unfinished, whether imported individually or with other subject or
non-subject merchandise, or whether assembled with attachments or
unassembled. Finishing includes, but is not limited to, arc washing,
welding, grinding, shot blasting, heat treatment, machining, and
assembly of various parts.
The country of origin for slag pots whether fully assembled,
unfinished or finished, is the country where the slag pot was cast
or forged. Subject merchandise includes slag pots that have been
further processed or further assembled in a third country. Further
processing and further assembly include, but is not limited to, arc
washing, welding, grinding, shot blasting, heat treatment, painting,
coating, priming, machining, and assembly of attachments.
Slag pots subject to the investigation are specified within the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 7309.00.0090 and 8454.20.0080. The slag pot attachments
covered by the scope of this investigation may enter under HTSUS
subheadings 7316.00.0000, 7325.10.0080, 7325.99.1000, 7325.99.5000,
and 7326.19.0080. The HTSUS subheading is provided for convenience
and customs purposes only. The written description of the scope of
the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment Under Section 777A(f) of the Act
VI. Adjustment to Cash Deposit Rate for Export Subsidies in the
Companion Countervailing Duty Investigation
VII. Recommendation
[FR Doc. 2025-10982 Filed 6-16-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 17, 2025.
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