Silicomanganese From India: Final Results of Antidumping Duty Administrative Review; 2021-2022, 85589-85590 [2023-26938]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85589-85590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26938]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-823]


Silicomanganese From India: Final Results of Antidumping Duty 
Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
silicomanganese from India was sold in the United States at less than 
normal value during the period of review (POR) May 1, 2021, through 
April 30, 2022.

DATES: Applicable December 8, 2023.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, 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) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2023, Commerce published its preliminary results in the 
2021-2022 administrative review of the antidumping duty order on 
silicomanganese from India and invited interested parties to 
comment.\1\ The review covers one mandatory respondent, Maithan Alloys 
Limited (MAL). A summary of the events that occurred since publication 
of the Preliminary Results, as well as a full discussion of the issues 
raised by parties for these final results, are discussed in the Issues 
and Decision Memorandum.\2\ Commerce conducted this administrative 
review in accordance with section 751(a)(1)(B) of the Tariff Act of 
1930, as amended (the Act).
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    \1\ See Silicomanganese from India: Preliminary Results of 
Antidumping Duty Administrative Review; 2021-2022, 88 FR 37021 (June 
6, 2023) (Preliminary Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Silicomanganese from India; 2021-2022,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order

    The products covered by the order are all forms, sizes, and 
compositions of silicomanganese, except low-carbon silicomanganese, 
including silicomanganese briquettes, fines, and slag. 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. This scope covers all silicomanganese, regardless of its 
tariff classification. Although the HTSUS subheadings are provided for 
convenience and U.S. Customs and Border Protection (CBP) purposes, our 
written description of the scope remains dispositive. For a complete 
description of the scope of the order, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and are listed in the 
appendix to this notice.

[[Page 85590]]

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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, Commerce has made no changes to the margin calculations for 
MAL.

Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period May 1, 2022, through April 30, 2022.

------------------------------------------------------------------------
                                                               Weight-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Maithan Alloys Limited.....................................        1.01
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Disclosure

    We have not made changes to the margin calculations for MAL in 
these final results of review. Consequently, there are no new 
calculations to disclose in accordance with 19 CFR 351.224(b) for these 
final results of review.

Assessment Rates

    Commerce has determined, and CBP shall assess, antidumping duties 
on all appropriate entries in this review, in accordance with section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b). Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of these final results in the Federal Register. If 
a timely summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).
    Consistent with Commerce's clarification of its assessment 
practice, for entries of subject merchandise during the POR produced by 
the above-referenced respondent for which they did not know the 
merchandise was destined for the United States, we will instruct CBP to 
liquidate such entries at the all-others rate established in the less-
than-fair-value (LTFV) investigation of 17.74 percent ad valorem if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\3\
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    \3\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review as provided by section 751(a)(2)(C) of 
the Act: (1) the cash deposit rate for the company listed above will be 
equal to the weighted-average dumping margin established in the final 
results of the review; (2) for subject merchandise exported by a 
company not covered in this review but covered in a prior completed 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published in the completed segment for the 
most recent period; (3) if the exporter is not a firm covered in this 
review or the original LTFV investigation, but the producer is, then 
the cash deposit rate will be the rate established in the completed 
segment for the most recent period for the producer of the subject 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 17.74 percent ad valorem, the all-others 
rate established in the LTFV investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to an 
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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results of administrative 
review in accordance with sections 751(a) and 777(i) of the Act, and 
351.221(b)(5).

    Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Commerce's Acceptance of MAL's ``Third and Fourth'' 
Cost Reconciliations
    Comment 2: Whether MAL's Second Revised Cost Reconciliation 
Remains Unusable
    Comment 3: Application of Adverse Facts Available (AFA) as a 
Result of MAL Failing to Submit a Usable Cost Reconciliation
    Comment 4: The Reliability of MAL's Home Market Sales Database
    Comment 5: Application of AFA as a Result of MAL Failing to 
Submit a Usable Home Market Sales Database
    Comment 6: MAL's Adjustment to Its Product-Specific Cost 
Calculations
VI. Recommendation

[FR Doc. 2023-26938 Filed 12-7-23; 8:45 am]
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