Notice2025-16422
Certain Tungsten Shot From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders
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
August 27, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on certain tungsten shot (tungsten shot) from the People's Republic of China (China).
Full Text
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<title>Federal Register, Volume 90 Issue 164 (Wednesday, August 27, 2025)</title>
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[Federal Register Volume 90, Number 164 (Wednesday, August 27, 2025)]
[Notices]
[Pages 41811-41814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16422]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-178, C-570-179]
Certain Tungsten Shot From the People's Republic of China:
Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on certain tungsten shot (tungsten
shot) from the People's Republic of China (China).
DATES: Applicable August 27, 2025.
[[Page 41812]]
FOR FURTHER INFORMATION CONTACT: Caroline Carroll (AD) or Samuel Evans
(CVD), 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
or (202) 482-2420, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on July 11, 2025, Commerce published its affirmative
final determination that countervailable subsidies are being provided
to producers and exporters of tungsten shot from China.\1\ Also on July
11, 2025, pursuant to sections 735(a), 735(d), and 777(i)(1) of the
Act, and 19 CFR 351.210(c), Commerce published its affirmative final
determination of sales at less than fair value (LTFV) of tungsten shot
from China.\2\
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\1\ See Certain Tungsten Shot from the People's Republic of
China: Final Affirmative Countervailing Duty Determination, 90 FR
30869 (July 11, 2025) (CVD Final Determination), and accompanying
Issues and Decision Memorandum (IDM).
\2\ See Certain Tungsten Shot from the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair
Value, 90 FR 30849 (July 11, 2025), and accompanying IDM.
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On August 20, 2025, the ITC notified Commerce of its final
affirmative determinations that an industry in the United States is
materially retarded within the meanings of sections 705(b)(1)(B) and
735(b)(1)(B) of the Act by reason of subsidized imports of tungsten
shot from China and by reason of imports of tungsten shot from China
that are sold in the United States at LTFV.\3\
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\3\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated August 20, 2025 (ITC Notification Letter).
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Scope of the Orders
The products covered by these orders are tungsten shot from China.
For a complete description of the scope of the orders, see the appendix
to this notice.
AD Order
On August 20, 2025, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination that the
establishment of an industry in the United States is materially
retarded within the meaning of section 735(b)(1)(B) of the Act by
reason of imports of tungsten shot from China that are sold in the
United States at LTFV.\4\ Therefore, in accordance with sections
735(c)(2) and 736 of the Act, Commerce is issuing this AD order.
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\4\ Id.
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Because the ITC determined that imports of tungsten shot from China
are materially retarding the establishment of the U.S. industry,
section 736(b)(2) of the Act is applicable. Thus, in accordance with
section 736(a)(1) of the Act, Commerce will instruct U.S. Customs and
Border Protection (CBP) to assess, upon further instruction from
Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise for all relevant entries of tungsten
shot from China. Because the ITC's final injury determination is based
on material retardation, antidumping duties will be assessed on entries
of tungsten shot from China entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's final
injury determination, in accordance with section 736(b)(2) of the Act.
In addition, section 736(b)(2) of the Act requires CBP to refund any
cash deposit made of estimated antidumping duties posted since
Commerce's preliminary antidumping duty determination.
Accordingly, Commerce will direct CBP to terminate the suspension
of liquidation of entries of tungsten shot from China entered, or
withdrawn from warehouse, for consumption prior to the publication of
the ITC final determination in the Federal Register. Commerce will also
instruct CBP to refund any cash deposits made with respect to entries
of tungsten shot from China entered, or withdrawn from warehouse, for
consumption on or after February 19, 2025, the date of publication of
the AD Preliminary Determination in the Federal Register.\5\
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\5\ 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) (AD Preliminary
Determination).
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Suspension of Liquidation and Cash Deposits--AD
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct CBP to reinstitute the suspension of liquidation effective on
the date of publication of the ITC's final injury determination in the
Federal Register and to assess, upon further instruction from Commerce,
pursuant to section 736(a)(1) of the Act, antidumping duties for each
entry of the subject merchandise entered, or withdrawn from warehouse,
for consumption equal to the amount by which the normal value of the
merchandise exceeds the export price (or constructed export price) of
the merchandise. These instructions suspending liquidation will remain
in effect until further notice.
Commerce will also instruct CBP to require cash deposits for the
subject merchandise equal to the estimated weighted-average dumping
margin listed in the table below. Accordingly, effective on the date of
publication of the ITC's final injury determination in the Federal
Register, CBP shall require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rate listed below.\6\
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\6\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margin
The estimated weighted-average antidumping duty margin is as
follows:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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China-wide Entity.......................................... * 201.32
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*Rate based on facts available with adverse inferences.
CVD Order
As stated above, based on the ITC's final injury determination that
an industry in the United States is materially retarded within the
meaning of section 705(b)(1)(B) of the Act by reason of subsidized
imports of tungsten shot from China,\7\ in accordance with section
705(c)(2) of the Act, Commerce is issuing this CVD order. According to
section 706(b)(2) of the Act, countervailing duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's final
injury determination if that determination is based on material
retardation. In addition, section 706(b)(2) of the Act requires CBP to
refund any cash deposits of estimated countervailing duties posted
before the date of publication of the ITC's final injury determination.
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\7\ See ITC Notification Letter.
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Accordingly, Commerce will direct CBP to terminate the suspension
of liquidation of entries of tungsten shot from China entered, or
withdrawn from warehouse, for consumption prior to the publication of
the ITC final determination in the Federal Register. Commerce will also
instruct CBP to refund any cash deposits made with
[[Page 41813]]
respect to entries of tungsten shot from China entered, or withdrawn
from warehouse, for consumption on or after December 20, 2024, the date
of publication of the CVD Preliminary Determination in the Federal
Register.<SUP>8</SUP>
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\8\ 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, 90 FR 104083 (December 20, 2024) (CVD Preliminary
Determination).
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Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of tungsten
shot from China, effective on the date of publication of the ITC's
notice of final determination in the Federal Register. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final injury determination in the Federal Register, CBP shall require,
at the same time as importers would normal deposit estimated duties on
subject merchandise, a cash deposit for each entry of subject
merchandise equal to the subsidy rates listed in the table below. The
all-others rate applies to all producers or exporters not specifically
listed below, as appropriate.
Estimated Countervailable Subsidy Rates
The estimated CVD subsidy rates are as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
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Luoyang Combat Tungsten & Molybdenum Materials Co., * 292.84
Ltd.................................................
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
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* Rate based on facts available with adverse inferences.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\9\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\10\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\11\
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \12\
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\12\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\13\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\13\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \14\ Accordingly, as stated
above, the petitioner and the Government of China should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
China will not need to resubmit their entries of appearance each year
to continue to be included on
[[Page 41814]]
the annual inquiry service list. However, the petitioner and the
Government of China are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\14\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
tungsten shot from China, pursuant to sections 706(a) and 736(a) of the
Act. Interested parties can find a list of AD and CVD orders currently
in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These AD and CVD orders are issued and published in accordance with
sections 706(a) and 736(a) of the Act, and 19 CFR 351.211(b).
Dated: August 22, 2025.
/S/Abdelali Elouaradia
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders 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 these orders 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 these orders is dispositive.
[FR Doc. 2025-16422 Filed 8-26-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 27, 2025.
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