Notice2025-12975
Certain Tungsten Shot From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value
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 certain tungsten shot (tungsten shot) from the People's Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2024, through June 30, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 131 (Friday, July 11, 2025)</title>
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[Federal Register Volume 90, Number 131 (Friday, July 11, 2025)]
[Notices]
[Pages 30849-30850]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12975]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-178]
Certain Tungsten Shot From the People's Republic of China: Final
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) determines that
certain tungsten shot (tungsten shot) from the People's Republic of
China (China) is being, or is likely to be, sold in the United States
at less than fair value (LTFV). The period of investigation (POI) is
January 1, 2024, through June 30, 2024.
DATES: Applicable July 11, 2025.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll, 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) 482-4948.
SUPPLEMENTARY INFORMATION:
Background
On February 19, 2025, Commerce published the Preliminary
Determination in this investigation and invited interested parties to
comment.\1\ For a complete description of the events that occurred
since the Preliminary Determination, see the Issues and Decision
Memorandum.\2\
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\1\ See Certain Tungsten Shot from the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than
Fair Value and Postponement of Final Determination and Extension of
Provisional Measures, 90 FR 9890 (February 19, 2025) (Preliminary
Determination), and accompanying Preliminary Determination
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
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).
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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>.
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 discussed in the Issues and Decision Memorandum, because of
certain restrictions imposed by the Government of China, Commerce was
unable to conduct verification of the information submitted by Zhuzhou
KJ Super Materials Co., Ltd. (KJ Super).
Analysis of Comments Received
The issues raised in the case and rebuttal briefs by the 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.
Changes Since the Preliminary Determination
Based on a review of the record and comments received from
interested parties regarding the Preliminary Determination, pursuant to
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act), we applied facts otherwise available with an adverse inference
(AFA) to KJ Super, finding that it provided information that cannot be
verified and thus is ineligible for a separate rate and part of the
China-wide entity. For a discussion of these changes, see the Issues
and Decision Memorandum.
China-Wide Entity and Use of AFA
Consistent with the Preliminary Determination, Commerce continues
to find that, pursuant to sections 776(a) and (b) of the Act, the use
of facts otherwise available with an adverse inference is warranted in
determining the dumping rate for the China-wide entity.\3\ For this
final determination, there is no new information on the record that
would cause us to reconsider our preliminary decision. Therefore, as
AFA, we assigned a rate of 201.32 percent, which is the highest rate
[[Page 30850]]
alleged in the petition,\4\ to the China-wide entity.
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\3\ See Preliminary Determination PDM at 2-5.
\4\ See Certain Tungsten Shot From the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, 89 FR
65856, 65859 (August 13, 2024).
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margin exists:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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China-wide Entity.......................................... 201.32
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final 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 applied AFA to the
mandatory respondent in this investigation, in accordance with section
776 of the Act, and the applied AFA rate is based solely on the
petition, there are no calculations to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of tungsten shot, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after February 19,
2025, the date of publication of the Preliminary Determination in the
Federal Register. These suspension of liquidation instructions will
remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, Commerce will instruct
CBP to require a cash deposit for estimated antidumping duties for
appropriate entries.
Commerce normally adjusts the estimated weighted-average dumping
margin by the amount of export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. However, not only has suspension of liquidation of
provisional measures in the companion CVD investigation been
discontinued, but also Commerce preliminarily did not make an
affirmative determination for countervailable export subsidies in the
companion CVD proceeding.\5\ Therefore, Commerce has not offset the
estimated weighted-average dumping margin in the table above.
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\5\ 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).
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U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because the final determination in this investigation is affirmative,
in accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured or threatened with material injury by
reason of imports of tungsten shot from China no later than 45 days
after our final determination. If the ITC determines that such material
injury or threat of material injury does not exist, this proceeding
will be terminated, all cash deposits posted will be refunded, and
suspension of liquidation will be lifted. If the ITC determines that
such injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered or
withdrawn from warehouse for consumption on or after the effective date
of the suspension of liquidation, as discussed in the ``Continuation of
Suspension of Liquidation'' section.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or 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 735(d) and 777(i)(1) 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. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to Zhuzhou KJ Super Materials Co., Ltd. (KJ Super)
Comment 2: Whether KJ Super is Eligible for a Separate Rate
Comment 3: Whether Certain Business Proprietary Information
(BPI) the Petitioner Submitted Should Have Been Disclosed to KJ
Super
V. Recommendation
[FR Doc. 2025-12975 Filed 7-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 11, 2025.
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