Notice2025-12966
Certain Tungsten Shot From the People's Republic of China: 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
July 11, 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 tungsten shot (tungsten shot) from the People's Republic of China (China). The period of investigation (POI) is January 1, 2023, through December 31, 2023.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 131 (Friday, July 11, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 131 (Friday, July 11, 2025)]
[Notices]
[Pages 30869-30871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12966]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-179]
Certain Tungsten Shot From the People's Republic of China: 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 tungsten shot (tungsten shot) from the People's Republic of
China (China). The period of investigation (POI) is January 1, 2023,
through December 31, 2023.
DATES: Applicable July 11, 2025.
FOR FURTHER INFORMATION CONTACT: Samuel Evans, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2420.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2024, Commerce published the Preliminary
Determination in the Federal Register and invited interested parties to
comment.\1\ On February 6, 2025, Commerce issued a post-preliminary
analysis.\2\
---------------------------------------------------------------------------
\1\ See Certain Tungsten Shot from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination, 89 FR 104083 (December 20, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Post-Preliminary Analysis Memorandum in
the Countervailing Duty Investigation of Certain Tungsten Shot from
the People's Republic of China,'' dated February 5, 2025 (Post-
Preliminary Analysis).
---------------------------------------------------------------------------
For a complete discussion of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\3\
The Issues and
[[Page 30870]]
Decision Memorandum is a public document and is made available to the
public 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>.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Certain Tungsten Shot from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by the scope of this investigation is
tungsten shot from China. For a complete description of the scope of
this 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.
Therefore, we made no changes to the scope of the investigation.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in February 2025, Commerce verified the information reported
by the Zhuzhou KJ Super Materials Co., Ltd. (KJ Super) for use in our
final determination. We used standard verification procedures,
including an examination of relevant accounting records and original
source documents provided at verification.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Verification of the Questionnaire
Responses of Zhuzhou KJ Super Materials Co., Ltd.,'' dated March 19,
2025.
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs that were submitted by interested parties
in this investigation are discussed in the Issues and Decision
Memorandum. For a list of the issues raised by interested parties and
addressed in the Issues and Decision Memorandum, see Appendix II to
this notice.
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.\5\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
---------------------------------------------------------------------------
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
Preliminary Determination \6\ and the Issues and Decision Memorandum at
the section entitled ``Uses of Facts Available and Application of
Adverse Inferences.''
---------------------------------------------------------------------------
\6\ See Preliminary Determination PDM at 4-25.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination and Post-Preliminary
Analysis
Based on our review and analysis of the information at
verification, we made changes to the tariff rate used to calculate the
benchmark prices for the provision of tungsten for less than adequate
remuneration program and the inland freight expenses included in the
benchmark prices for tungsten. Furthermore, we revised the calculation
of AFA rate to reflect changes to KJ Super's program rates, to
incorporate the four programs assessed in the Post-Preliminary
Analysis, and to correct certain rates selected under Commerce's AFA
hierarchy.\7\ For a discussion of these changes, see the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum at 3 and Appendix.
---------------------------------------------------------------------------
All-Others Rate
Section 705(c)(5)(A)(i) of the Act states that, for companies not
individually investigated, Commerce will determine an all-others rate
equal to the weighted-average countervailable subsidy rates established
for exporters and/or producers individually investigated, excluding any
zero and de minimis countervailable subsidy rates, and any rates
determined entirely under section 776 of the Act.
Commerce calculated an individual estimated countervailable subsidy
rate for KJ Super, the only individually examined exporter/producer in
this investigation. Because the only individually calculated rate is
not zero, de minimis, or based entirely on facts otherwise available,
the estimated weighted-average rate calculated for KJ Super is the rate
assigned to all other producers and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period January 1, 2023, through December
31, 2023:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Luoyang Combat Tungsten & Molybdenum Materials Co., Ltd. * 292.84
Luoyang Hypersolid Metal Tech Co., Ltd.................. * 292.84
Mudanjiang North Alloy Tools Co., Ltd................... * 292.84
Shaanxi Xinheng Rare Metal Co., Ltd..................... * 292.84
Xi'an Refractory & Precise Metals Co., Ltd.............. * 292.84
Zhuzhou KJ Super Materials Co., Ltd..................... 55.64
Zhuzhou Oston Carbide Co., Ltd.......................... * 292.84
Zhuzhou Tungsten Man Materials Co., Ltd................. * 292.84
All Others.............................................. 55.64
------------------------------------------------------------------------
* Rate is based on facts available with adverse inferences.
Disclosure
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
[[Page 30871]]
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, we instructed U.S. Customs
and Border Protection (CBP) to collect cash deposits and suspend
liquidation of entries of subject merchandise from China that were
entered, or withdrawn from warehouse, for consumption, on or after
December 20, 2024, the date of the publication of the Preliminary
Determination in the Federal Register.\8\ 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 April 19, 2025 but to continue the
suspension of liquidation of all entries of subject merchandise on or
before April 18, 2025.
---------------------------------------------------------------------------
\8\ See Preliminary Determination, 89 FR at 104083.
---------------------------------------------------------------------------
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
(CVD) order, reinstate the suspension of liquidation under section
706(a) of the Act, and require a cash deposit of estimated
countervailing duties for 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 cancelled.
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 tungsten
shot from China. 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 threatened with material injury, by reason of
import of tungsten shot from China. 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 CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing duties on all imports
of the subject merchandise that are entered, or withdrawn from
warehouse, 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 final reminder to parties subject to
an 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 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
This determination is issued and published in accordance with
sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: July 7, 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 merchandise covered by the investigation is certain tungsten
spheres or balls, also known as shot, that are 92.6 percent or
greater tungsten by weight, not including the weight of any
additional coating. In scope shot have a diameter ranging from 1.5
millimeters (mm) to 10.0 mm. Subject shot can be referred to as
``Tungsten Super Shot.'' Merchandise is covered regardless of the
combination of compounds that comprise the non-tungsten material and
whether or not the tungsten shot is additionally coated with another
material, including but not limited to copper, nickel, iron, or
metallic alloys. Tungsten shot subject to the investigation may be
classified under the following Harmonized Tariff Schedule of the
United States (HTSUS) subheading: 9306.29.0000. Merchandise may also
be entered under HTSUS subheading 8101.99.8000. The HTSUS
subheadings are 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Use of Facts Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether to Modify the Benchmark Calculation for the
Provision of Tungsten for Less-Than-Adequate-Remuneration (LTAR)
Program
Comment 2: Whether Suppliers of Tungsten are ``Authorities''
Comment 3: Whether to Use Surrogate Values to Assess the Benefit
Conferred from the Provision of Tungsten for LTAR Program
Comment 4: Whether to Apply Adverse Facts Available (AFA) for KJ
Super's Use of Income Tax Programs
Comment 5: Whether the Petitioner's Treatment of Business
Proprietary Information (BPI) in its New Factual Information (NFI)
Submission was Appropriate
VIII. Recommendation
[FR Doc. 2025-12966 Filed 7-10-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 11, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.