Silicomanganese From India, Kazakhstan, and Venezuela: Continuation of the Antidumping Duty Orders, 27243-27244 [2019-12394]

Download as PDF Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices Certain hot-rolled carbon steel flat products covered by the orders, including vacuum degassed fully stabilized, high strength low alloy, and the substrate for motor lamination steel, may also enter under the following tariff numbers: 7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00, 7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30, 7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. Analysis of Comments Received All issues raised in these reviews are addressed in the Issues and Decision Memorandum.5 A list of the topics discussed in the Issues and Decision Memorandum is attached to this notice as an Appendix. 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 https:// access.trade.gov and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Reviews Commerce determines that revocation of the Orders would be likely to lead to continuation or recurrence of a countervailable subsidy at the rates listed below: 6 Producers/exporters India: Essar Steel Limited ........... Net countervailable subsidy rate (percent) jbell on DSK3GLQ082PROD with NOTICES memorandum, ‘‘Final Results of Expedited Third Sunset Reviews of the Countervailing Duty Orders on Certain Hot-Rolled Carbon Steel Flat Products from India and Indonesia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 See Certain Hot-Rolled Carbon Steel Flat Products from India: Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act, 81 FR 27412 (May 6, 2016). 17:00 Jun 11, 2019 Producers/exporters Ispat Industries Limited ..... Steel Authority of India ..... Tata Iron and Steel Company Limited .................. All other producers/manufacturers/exporters ........ Indonesia: P.T. Krakatau Steel .......... All Others .......................... 360.23 346.61 337.51 344.44 10.21 10.21 Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing the results and notice in accordance with sections 75l(c), 752, and 777(i)(1) of the Act. Dated: June 5, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. History of the Orders IV. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Likely To Prevail 3. Nature of the Subsidy V. Final Results of Reviews VI. Recommendation [FR Doc. 2019–12405 Filed 6–11–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–823, A–834–807, A–307–820] 336.62 5 See VerDate Sep<11>2014 Net countervailable subsidy rate (percent) Jkt 247001 Silicomanganese From India, Kazakhstan, and Venezuela: Continuation of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 27243 Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on silicomanganese from India, Kazakhstan, and Venezuela would be likely to lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders. DATES: Applicable June 12, 2019. FOR FURTHER INFORMATION CONTACT: Thomas Dunne or Jacqueline Arrowsmith AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2328 or (202) 482–5255, respectively. SUPPLEMENTARY INFORMATION: Background On September 11, 2018, Commerce published the notice of initiation of the third sunset reviews of the Orders 1 on silicomanganese from India, Kazakhstan, and Venezuela, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 As a result of its reviews, on December 17, 2018, Commerce determined that revocation of the Orders on silicomanganese from India, Kazakhstan, and Venezuela would likely lead to the continuation or recurrence of dumping.3 Commerce, therefore, notified the ITC of the magnitude of the margins of dumping likely to prevail were the Orders revoked.4 On April 23, 2019, the ITC published its determinations, pursuant to sections 751(c) and 752 of the Act, that revocation of the Orders on silicomanganese from India, Kazakhstan, and Venezuela would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Orders For purposes of these orders, the products covered are all forms, sizes and compositions of silicomanganese, 1 See Notice of Amended Final Determination of Sales at Less than Fair Value and Antidumping Duty Orders: Silicomanganese from India, Kazakhstan, and Venezuela, 67 FR 36149, (May 23, 2002) (Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 83 FR 45887 (September 11, 2018). 3 See Silicomanganese from India, Kazakhstan, and Venezuela: Final Results of Expedited Third Sunset Reviews of the Antidumping Duty Orders, 83 FR 64525, (December 17, 2018) and accompanying Issues and Decision Memorandum (IDM). 4 Id. 5 See Silicomanganese from India, Kazakhstan, and Venezuela, 84 FR 16882 (April 23, 2019). E:\FR\FM\12JNN1.SGM 12JNN1 27244 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES except low-carbon silicomanganese, including silicomanganese briquettes, fines and slag. Silicomanganese is a ferroalloy composed principally of manganese, silicon and iron, and normally contains much smaller proportions of minor elements, such as carbon, phosphorous and sulfur. Silicomanganese is sometimes referred to as ferrosilicon manganese. Silicomanganese is used primarily in steel production as a source of both silicon and manganese. Silicomanganese generally contains by weight not less than 4 percent iron, more than 30 percent manganese, more than 8 percent silicon and not more than 3 percent phosphorous. Silicomanganese is properly classifiable under subheading 7202.30.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Some silicomanganese may also be classified under HTSUS subheading 7202.99.5040. The low-carbon silicomanganese excluded from this scope is a ferroalloy with the following chemical specifications: minimum 55 percent manganese, minimum 27 percent silicon, minimum 4 percent iron, maximum 0.10 percent phosphorus, maximum 0.10 percent carbon and maximum 0.05 percent sulfur. Lowcarbon silicomanganese is used in the manufacture of stainless steel and special carbon steel grades, such as motor lamination grade steel, requiring a very low carbon content. It is sometimes referred to as ferromanganese-silicon. Low-carbon silicomanganese is classifiable under HTSUS subheading 7202.99.5040. This scope covers all silicomanganese, regardless of its tariff classification. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope remains dispositive. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to a continuation or a recurrence of dumping and a continuation or recurrence of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Orders on silicomanganese from India, Kazakhstan, and Venezuela. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Orders will be the date of VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year reviews of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties These sunset reviews and notice are in accordance with sections 751(c), 752, and published pursuant to 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: June 6, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–12394 Filed 6–11–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–884] Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Partial Rescission of the Countervailing Duty Administrative Review; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable June 12, 2019. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Hannah Falvey, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–2593 or (202) 482–4889, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On October 1, 2018, the Department of Commerce (Commerce) published a notice of opportunity to request an administrative review of the countervailing duty (CVD) order on certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea) covering the January 1, 2017, through December 31, 2017, PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 period of review (POR).1 On October 29, 2018, Commerce received a timely request to conduct a countervailing duty administrative review from Hyundai Steel Company (Hyundai Steel).2 On October 31, 2018, Commerce received a timely request from the petitioners 3 for an administrative review of 15 companies.4 Based upon these requests, on December 11, 2018, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), Commerce published a notice of initiation of an administrative review covering the POR, with respect to the 15 companies for which a review was requested.5 Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.6 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for a party to withdraw a request for review was April 22, 2019.7 Withdrawal of Review Requests On April 22, 2019, the petitioners withdrew their request for an administrative review of 14 companies: DCE Inc.; Dong Chuel America Inc.; Dong Chuel Industrial Co., Ltd.; Dongbu Incheon Steel Co., Ltd.; Dongbu Steel Co., Ltd.; Dongkuk Industries Co., Ltd.; Dongkuk Steel Mill Co., Ltd.; Hyewon Sni Corporation (H.S.I.); JFE Shoji Trade Korea Ltd.; POSCO; POSCO Coated & Color Steel Co., Ltd.; POSCO Daewoo Corporation; Soon Hong Trading Co., 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 83 FR 49358 (October 1, 2018). 2 See Hyundai Steel’s Letter, ‘‘Hot-Rolled Steel Flat Products from the Republic of Korea, Case No. C–580–884: Request for Antidumping Duty Administrative Review,’’ dated October 29, 2018. 3 The petitioners are AK Steel Corporation; ArcelorMittal USA LLC; Nucor Corporation; SSAB Enterprises, LLC; Steel Dynamics, Inc.; and United States Steel Corporation. 4 See Petitioners’ Letter, ‘‘Certain Hot-Rolled Steel Flat Products from the Republic of Korea: Request for Administrative Review,’’ dated October 31, 2018. 5 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 63615 (December 11, 2018). 6 See Memorandum to the Record from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 7 Id. E:\FR\FM\12JNN1.SGM 12JNN1

Agencies

[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27243-27244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12394]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-823, A-834-807, A-307-820]


Silicomanganese From India, Kazakhstan, and Venezuela: 
Continuation of the Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) orders on silicomanganese from 
India, Kazakhstan, and Venezuela would be likely to lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of these AD orders.

DATES: Applicable June 12, 2019.

FOR FURTHER INFORMATION CONTACT: Thomas Dunne or Jacqueline Arrowsmith 
AD/CVD Operations, Office VII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2328 
or (202) 482-5255, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2018, Commerce published the notice of initiation 
of the third sunset reviews of the Orders \1\ on silicomanganese from 
India, Kazakhstan, and Venezuela, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\2\ As a result of its 
reviews, on December 17, 2018, Commerce determined that revocation of 
the Orders on silicomanganese from India, Kazakhstan, and Venezuela 
would likely lead to the continuation or recurrence of dumping.\3\ 
Commerce, therefore, notified the ITC of the magnitude of the margins 
of dumping likely to prevail were the Orders revoked.\4\
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determination of Sales at Less 
than Fair Value and Antidumping Duty Orders: Silicomanganese from 
India, Kazakhstan, and Venezuela, 67 FR 36149, (May 23, 2002) 
(Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 45887 
(September 11, 2018).
    \3\ See Silicomanganese from India, Kazakhstan, and Venezuela: 
Final Results of Expedited Third Sunset Reviews of the Antidumping 
Duty Orders, 83 FR 64525, (December 17, 2018) and accompanying 
Issues and Decision Memorandum (IDM).
    \4\ Id.
---------------------------------------------------------------------------

    On April 23, 2019, the ITC published its determinations, pursuant 
to sections 751(c) and 752 of the Act, that revocation of the Orders on 
silicomanganese from India, Kazakhstan, and Venezuela would likely lead 
to continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time.\5\
---------------------------------------------------------------------------

    \5\ See Silicomanganese from India, Kazakhstan, and Venezuela, 
84 FR 16882 (April 23, 2019).
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Scope of the Orders

    For purposes of these orders, the products covered are all forms, 
sizes and compositions of silicomanganese,

[[Page 27244]]

except low-carbon silicomanganese, including silicomanganese 
briquettes, fines and slag. Silicomanganese is a ferroalloy composed 
principally of manganese, silicon and iron, and normally contains much 
smaller proportions of minor elements, such as carbon, phosphorous and 
sulfur. Silicomanganese is sometimes referred to as ferrosilicon 
manganese. Silicomanganese is used primarily in steel production as a 
source of both silicon and manganese. Silicomanganese generally 
contains by weight not less than 4 percent iron, more than 30 percent 
manganese, more than 8 percent silicon and not more than 3 percent 
phosphorous. Silicomanganese is properly classifiable under subheading 
7202.30.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Some silicomanganese may also be classified under HTSUS 
subheading 7202.99.5040.
    The low-carbon silicomanganese excluded from this scope is a 
ferroalloy with the following chemical specifications: minimum 55 
percent manganese, minimum 27 percent silicon, minimum 4 percent iron, 
maximum 0.10 percent phosphorus, maximum 0.10 percent carbon and 
maximum 0.05 percent sulfur. Low-carbon silicomanganese is used in the 
manufacture of stainless steel and special carbon steel grades, such as 
motor lamination grade steel, requiring a very low carbon content. It 
is sometimes referred to as ferromanganese-silicon. Low-carbon 
silicomanganese is classifiable under HTSUS subheading 7202.99.5040.
    This scope covers all silicomanganese, regardless of its tariff 
classification. Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
remains dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping and a continuation or recurrence of material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the 
continuation of the Orders on silicomanganese from India, Kazakhstan, 
and Venezuela. U.S. Customs and Border Protection will continue to 
collect AD cash deposits at the rates in effect at the time of entry 
for all imports of subject merchandise.
    The effective date of the continuation of the Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next five-year reviews of these orders not 
later than 30 days prior to the fifth anniversary of the effective date 
of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    These sunset reviews and notice are in accordance with sections 
751(c), 752, and published pursuant to 777(i)(1) of the Act and 19 CFR 
351.218(f)(4).

    Dated: June 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-12394 Filed 6-11-19; 8:45 am]
BILLING CODE 3510-DS-P