Ferrosilicon From Venezuela: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 13619-13620 [2014-05250]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Pages 13619-13620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05250]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-307-824]


Ferrosilicon From Venezuela: Preliminary Determination of Sales 
at Less Than Fair Value and Postponement of Final Determination

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') preliminarily 
determines that ferrosilicon from Venezuela is being, or is likely to 
be, sold in the United States at less than fair value (``LTFV''), as 
provided in section 733(b) of the Tariff Act of 1930, as amended (``the 
Act''). The period of investigation is July 1, 2012, through June 30, 
2013. The estimated weighted-average dumping margins of sales at LTFV 
are listed in the ``Preliminary Determination'' section of this notice. 
Interested Parties are invited to comment on this preliminary 
determination. Pursuant to requests from interested parties, we are 
postponing for 60 days the final determination and extending 
provisional measures from a four-month period to not more than six 
months. Accordingly, we intend to make our final determination not 
later than 135 days after publication of this preliminary determination 
in the Federal Register.

DATES: Effective Date: March 11, 2014.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593.

SUPPLEMENTARY INFORMATION: On August 8, 2013, the Department initiated 
the antidumping duty investigation on ferrosilicon from Venezuela.\1\
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    \1\ See Ferrosilicon From the Russian Federation and Venezuela: 
Initiation of Antidumping Duty Investigations, 78 FR 49471 (August 
14, 2013).
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Scope of the Investigation

    The merchandise covered by this investigation is all forms and 
sizes of ferrosilicon, regardless of grade, including ferrosilicon 
briquettes. Ferrosilicon is a ferroalloy containing by weight four 
percent or more iron, more than eight percent but not more than 96 
percent silicon, three percent or less phosphorus, 30 percent or less 
manganese, less than three percent magnesium, and 10 percent or less 
any other element. The merchandise covered also includes product 
described as slag, if the product meets these specifications.
    Ferrosilicon is currently classified under U.S. Harmonized Tariff 
Schedule (``HTSUS'') subheadings 7202.21.1000, 7202.21.5000, 
7202.21.7500, 7202.21.9000, 7202.29.0010, and 7202.29.0050. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise is dispositive.

Postponement of the Preliminary Determination

    Based on a timely request from Petitioners,\2\ on December 23, 
2013, the Department postponed the deadline for the preliminary 
determination by 50 days to March 4, 2014, pursuant to section 
733(c)(1)(A) of the Act and 19 CFR 351.205(e).3 4
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    \2\ Petitioners are Globe Specialty Metals, Inc.; CC Metals and 
Alloys, LLC; the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union; and the International Union, United Automobile, 
Aerospace and Agricultural Implement Workers of America.
    \3\ See Ferrosilicon From the Russian Federation and Venezuela: 
Postponement of Preliminary Determinations of Antidumping Duty 
Investigations, 78 FR 77423 (December 23, 2013).
    \4\ As explained in the memorandum from the Assistant Secretary 
for Enforcement and Compliance, the Department exercised its 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from October 1, through October 16, 2013. See 
Memorandum for the Record from Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (October 18, 2013). The tolled deadline for 
the preliminary determination of this investigation was January 13, 
2014.
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Methodology

    The Department conducted this investigation in accordance with 
section 731 of the Act. Constructed export prices have been calculated 
in accordance with section 772 of the Act. Normal value has been 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice.\5\ The Preliminary 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 (``IA ACCESS''). IA ACCESS is available to registered 
users at https://iaaccess.trade.gov, and is available to all parties in 
the Department's Central Records Unit, located at room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
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    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations 
``Decision Memorandum for the Preliminary Determination of the 
Antidumping Duty Investigation of Ferrosilicon from Venezuela,'' 
dated concurrently this notice (``Preliminary Decision 
Memorandum'').
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Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or Exporter                        margin
                                                               (percent)
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FerroAtlantica de Venezuela.................................       27.27
All Others..................................................       27.27
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    Pursuant to section 735(c)(5)(A) of the Act, the ``All Others'' 
rate is based on the weighted-average dumping margin calculated for 
FerroAtlantica de Venezuela, the only company for which the Department 
calculated a rate.

Disclosure and Public Comment

    The Department will disclose the calculations used in our analysis 
to parties in this investigation within five days of the date of 
publication of this notice. Case briefs or other written comments may 
be submitted to the Assistant Secretary for Enforcement and Compliance 
no later than seven days after the date on which the final verification 
report is issued in this proceeding and rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\6\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this proceeding are encouraged to submit with each argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.
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    \6\ See 19 CFR 351.309(c) and (d).
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    Pursuant to 19 CFR 351.310(c), interested parties, who wish to 
request a hearing, or to participate if one is

[[Page 13620]]

requested, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically using IA ACCESS. An electronically filed document must 
be received successfully in its entirety in IA ACCESS, by 5 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice.\7\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
will inform parties of the scheduled date for the hearing which will be 
held at the U.S. Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230, at a time and location to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing. Interested parties are invited to comment on 
the preliminary determination of this review.
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    \7\ See 19 CFR 351.310(c).
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of 
all entries of ferrosilicon from Venezuela, 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.
    Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to 
require a cash deposit \8\ equal to the preliminary weighted-average 
amount by which normal value exceeds U.S. price, as indicated in the 
chart above. These suspension of liquidation instructions will remain 
in effect until further notice.
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    \8\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
Petitioner. 19 CFR 351.210(e)(2) requires that requests by respondents 
for postponement of a final determination be accompanied by a request 
for extension of provisional measures from a four-month period to not 
more than six months.
    On January 14, 2014, FerroVen requested that, in the event of an 
affirmative preliminary determination in this investigation, the 
Department postpone its final determination by 60 days (135 days after 
publication of the preliminary determination), and agreed to extend the 
application of the provisional measures prescribed under section 733(d) 
of the Act and 19 CFR 351.210(e)(2), from a four-month period to a six-
month period.\9\ In accordance with section 735(a)(2)(A) of the Act and 
19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting producer/exporter accounts for a 
significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, we are postponing the final 
determination until no later than 135 days after the publication of 
this notice in the Federal Register. We are also extending the 
application of the provisional measures prescribed under section 733(d) 
of the Act and 19 CFR 351.210(e)(2) from a four-month period to a six-
month period.
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    \9\ See Letter to the Secretary of Commerce from FerroVen 
``Request for Extension of Final Determination'' January 14, 2014.
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U.S. International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our preliminary affirmative determination of sales at LTFV. 
Because the preliminary determination in this proceeding is 
affirmative, section 735(b)(2) of the Act requires that the ITC 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 ferrosilicon from Venezuela before the 
later of 120 days after the date of this preliminary determination or 
45 days after our final determination. Because we are postponing the 
deadline for our final determination to 135 days from the date of the 
publication of this preliminary determination, as discussed above, the 
ITC will make its final determination no later than 45 days after our 
final determination. This determination is issued and published 
pursuant to sections 733(f) and 777(i)(1) of the Act.

    Dated: March 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Investigation
3. Scope Comments
4. Respondent Selection
6. Affiliation Determinations
7. Determination of the Comparison Method
    A. Differential Pricing Analysis
    B. Results of the Differential Pricing Analysis
8. Discussion of Methodology
    A. Fair Value Comparisons
    B. Product Comparisons
    C. Date of Sale
    D. Constructed Export Price (``CEP'')
    E. Sales to Canada
9. Normal Value
    A. Home Market Viability
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    H. Cost of Production
    1. Calculation of COP
    2. Test of Comparison Prices
    3. Results of COP Test
    I. Calculation of Normal Value based on Comparison Market Prices
10. Currency Conversion
11. Verification
12. Recommendation

[FR Doc. 2014-05250 Filed 3-10-14; 8:45 am]
BILLING CODE 3510-DS-P