Certain High Chrome Cast Iron Grinding Media From India: Initiation of Countervailing Duty Investigation, 45640-45644 [2024-11264]
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45640
Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices
An electronically filed document must
be received successfully in its entirety
by ACCESS by 5:00 p.m. Eastern Time
on the established deadline. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).13
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
no later than 120 days after the date of
publication of this notice in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Assessment Rates
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Upon completion of this
administrative review, pursuant to
section 751(a)(2)(A) of the Act,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.
Pursuant to 19 CFR 351.212(b)(1), we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of those sales. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review and for future deposits of
estimated duties, where applicable.14
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Toyo Kohan for
which the company did not know that
the merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate established in the less-than-fairvalue (LTFV) investigation (i.e., 45.42
percent) 15 if there is no rate for the
intermediate company(ies) involved in
the transaction.16
13 See
APO and Service Final Rule.
section 751(a)(2)(C) of the Act.
15 See Order, 79 FR at 30817.
16 For a full description of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
14 See
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Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review 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).
The following deposit requirements
will be effective for all shipments of the
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 this administrative
review, except if the rate is less than
0.50 percent and therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not covered in this review,
the cash deposit rate will continue to be
the company-specific rate published for
the most recently-completed segment of
this proceeding in which the company
was reviewed; (3) if the exporter is not
a firm covered in this review, a prior
review, or the LTFV investigation, but
the producer is, then the cash deposit
rate will be the rate established for the
most recently-completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 45.42 percent, the
all-others rate established in the LTFV
investigation.17 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping and/or
countervailing 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 doubled antidumping duties.
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Order, 79 FR at 30817.
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Dated: May 16, 2024
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
Cash Deposit Requirements
17 See
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2024–11265 Filed 5–22–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–931]
Certain High Chrome Cast Iron
Grinding Media From India: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 16, 2024.
FOR FURTHER INFORMATION CONTACT:
Claudia Cott, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4270.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On April 26, 2024, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of certain
high chrome cast iron grinding media
(grinding media) from India filed in
proper form on behalf of Magotteaux
Inc. (the petitioner),1 a domestic
producer of grinding media. The CVD
petition was accompanied by an
antidumping duty (AD) petition
concerning imports of grinding media
from India.2
On April 30, 2024, Commerce
requested supplemental information
pertaining to certain aspects of the
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Certain High Chrome Cast Iron Grinding
Media from India,’’ dated April 26, 2024 (Petition).
2 Id.
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Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices
Petition.3 On May 2, 2024, the petitioner
filed responses to these requests for
additional information, and on May 8,
2024, the petitioner filed an amendment
to the proposed scope.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of India (GOI) is providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to producers of grinding media
from India, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing grinding media in the United
States. Consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating a CVD investigation, the
Petition is supported by information
reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigation.5
Period of Investigation
Because the Petition was filed on
April 26, 2024, the period of
investigation (POI) is January 1, 2023,
through December 31, 2023.6
Scope of the Investigation
The merchandise covered by this
investigation are grinding media from
India. For a full description of the scope
of this investigation, see the appendix to
this notice.
Comments on Scope of the Investigation
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On April 30, 2024, Commerce
requested information from the
petitioner regarding the proposed scope
to ensure that the scope language in the
Petition is an accurate reflection of the
products for which the domestic
industry is seeking relief.7 On May 2
and 8, 2024, the petitioner provided
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated April 30, 2024 (General Issues
Questionnaire); and ‘‘Supplemental Questions,’’
dated April 30, 2024.
4 See Petitioner’s Letters, ‘‘Response to
Supplemental Questions (General Issues),’’ dated
May 2, 2024 (General Issues Supplement);
‘‘Response to Supplemental Questions
(Countervailing),’’ dated May 2, 2024; and ‘‘Scope
Amendment,’’ dated May 8, 2024 (Scope
Amendment).
5 See section on ‘‘Determination of Industry
Support for the Petition,’’ infra.
6 See 19 CFR 351.204(b)(2).
7 See General Issues Questionnaire.
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clarifications and/or revised the scope
language.8 The description of
merchandise covered by this
investigation, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for parties to raise issues
regarding product coverage (i.e., scope).9
Commerce will consider all scope
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information, all such
factual information should be limited to
public information.10 To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on June 5, 2024,
which is 20 calendar days from the
signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on June 17, 2024,11 which
is the next business day after 10
calendar days from the initial comment
deadline.
Commerce requests that any factual
information that the parties consider
relevant to the scope of the investigation
be submitted during that time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All scope comments must
also be filed on the record of the
concurrent AD investigation.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.12 An
8 See General Issues Supplement at 1–2; see also
Scope Amendment.
9 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see
also 19 CFR 351.312.
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 The deadline for rebuttal comments falls on
June 15, 2024, which is a Saturday. In accordance
with 19 CFR 351.303(b)(1), Commerce will accept
rebuttal comments filed by 5:00 p.m. ET on June 17,
2024. Id. (‘‘For both electronically filed and
manually filed documents, if the applicable due
date falls on a non-business day, the Secretary will
accept documents that are filed on the next
business day.’’).
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
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45641
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOI of the receipt of the Petition and
provided an opportunity for
consultations with respect to the
Petition.13 The GOI did not request
consultations.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC apply the same
statutory definition regarding the
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at: https://access.trade.gov/
help.aspx and a handbook can be found at: https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
13 See Commerce’s Letter, ‘‘Countervailing Duty
Petition on High Chrome Cast Iron Grinding Media
from India: Invitation for Consultation,’’ dated April
30, 2024.
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Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices
domestic like product,14 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.15
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation.16 Based on our analysis of
the information submitted on the
record, we have determined that
grinding media, as described in the
scope, constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.17
In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition,
and supplements thereto, with reference
to the domestic like product as defined
in the ‘‘Scope of the Investigation,’’ in
the appendix to this notice. To establish
industry support, the petitioner
provided its own production of the
domestic like product in 2023.18 The
petitioner stated that there are no other
known producers of grinding media in
the United States; therefore, the Petition
is supported by 100 percent of the U.S.
14 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d Algoma Steel Corp., Ltd. v. United States, 865
F.2d 240 (Fed. Cir. 1989)).
16 See Petition at Volume I (pages 15–17 and
Exhibits I–2, and I–4); see also General Issues
Supplement at 2–6.
17 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist, ‘‘Certain
High Chrome Cast Iron Grinding media from India,’’
dated concurrently with, and hereby adopted by,
this notice (CVD Initiation Checklist), at
Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petition
Covering High Chrome Cast Iron Grinding Media
from India (Attachment II). This checklist is on file
electronically via ACCESS.
18 See Petition at Volume I (page 25 and Exhibit
I–12).
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15 See
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industry.19 We relied on data provided
by the petitioner for purposes of
measuring industry support.20
Our review of the data provided in the
Petition, the General Issues Supplement,
and other information readily available
to Commerce indicates that the
petitioner has established industry
support for the Petition.21 First, the
Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).22 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.23 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.24 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.25
Injury Test
Because India is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from India
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefiting
from countervailable subsidies and that
19 Id. at 3 and Exhibit I–2; see also General Issues
Supplement at 2 and Exhibit I–1.
20 See Petition at Volume I (pages 3 and 25 and
Exhibits I–2 and I–12); see also General Issues
Supplement (page 2 and Exhibit 1). For further
discussion, see Attachment II of the CVD Initiation
Checklist.
21 See Attachment II of the CVD Initiation
Checklist.
22 Id.; see also section 702(c)(4)(D) of the Act.
23 See Attachment II of the CVD Initiation
Checklist.
24 Id.
25 Id.
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such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.26
The petitioner contends that the
industry’s injured condition is
illustrated by a significant volume of
subject imports; reduced market share;
underselling and price depression and/
or suppression; lost sales and revenues;
declines in production, shipments,
capacity utilization; and decline in
financial indicators and employment
variables.27 We assessed the allegations
and supporting evidence regarding
material injury, threat of material injury,
causation, as well as negligibility, and
we have determined that these
allegations are properly supported by
adequate evidence and meet the
statutory requirements for initiation.28
Initiation of CVD Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating a CVD investigation to
determine whether imports of grinding
media from India benefit from
countervailable subsidies conferred by
the GOI. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 65 days after the date of this
initiation.
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on all 28 programs alleged
by the petitioner. For a full discussion
of the basis for our decision to initiate
an investigation of each program, see
the CVD Initiation Checklist. A public
version of the initiation checklist for
this investigation is available in
ACCESS.
Respondent Selection
The petitioner identified 11
companies in India as producers and/or
exporters of grinding media.29
Commerce intends to follow its standard
practice in CVD investigations and
26 See Petition at Volume I (page 21 and Exhibit
I–9).
27 Id. at 21–30 and Exhibits I–9 and I–11 through
I–15; see also General Issues Supplement at 6 and
Exhibit 2.
28 See CVD Initiation Checklists at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and
Countervailing Duty Petition Covering High Chrome
Cast Iron Grinding Media from India.
29 See Petition at Volume I (page 18 and Exhibit
I–7).
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calculate company-specific subsidy
rates in this investigation. In the event
that Commerce determines that the
number of companies is large, and it
cannot individually examine each
company based upon Commerce’s
resources, Commerce intends to select
mandatory respondents based on U.S.
Customs and Border Protection (CBP)
data for U.S. imports of grinding media
from India during the POI under the
appropriate Harmonized Tariff Schedule
of the United States subheading listed in
the ‘‘Scope of the Investigation’’ in the
appendix.
On May 8, 2024, Commerce released
CBP data on imports of grinding media
from India under administrative
protective order (APO) to all parties
with access to information protected by
APO and indicated that interested
parties wishing to comment on CBP data
and/or respondent selection must do so
within three business days of the
publication date of the notice of
initiation of this investigation.30
Comments must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce
will not accept rebuttal comments
regarding the CBP data or respondent
selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOI via ACCESS. Furthermore, to the
extent practicable, Commerce will
attempt to provide a copy of the public
version of the Petition to each exporter
named in the Petition, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
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Preliminary Determination by the ITC
Typically, the ITC will preliminarily
determine, within 45 days after the date
on which the Petition was filed,
whether there is a reasonable indication
that subject imports are materially
injuring, or threatening material injury
to, a U.S. industry.31 A negative ITC
determination will result in the
investigation being terminated.32
Otherwise, this CVD investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 33 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.34 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR
351.301.35 For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
31 See
section 703(a)(1) of the Act.
32 Id.
30 See Memorandum, ‘‘Release of Data from U.S.
Customs and Border Protection,’’ dated May 8,
2024.
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18:47 May 22, 2024
Jkt 262001
33 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
35 See 19 CFR 351.302.
34 See
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45643
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
standalone submission; Commerce will
grant untimely filed requests for the
extension of time limits only in limited
cases where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning time limits for submission of
factual information prior to submitting
factual information in this
investigation.36
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.37
Parties must use the certification
formats provided in 19 CFR
351.303(g).38 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d), e.g., by filing the required
letters of appearance. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).39
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act and 19 CFR 351.203(c).
36 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), and Regulations Improving and
Strengthening the Enforcement of Trade Remedies
Through the Administration of the Antidumping
and Countervailing Duty Laws, 89 FR 20766 (March
25, 2024).
37 See section 782(b) of the Act.
38 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at:
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
39 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
E:\FR\FM\23MYN1.SGM
23MYN1
45644
Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices
Dated: May 16, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers
chrome cast iron grinding media in spherical
(ball) or ovoid shape, with an alloy
composition of seven percent or more (≥ 7
percent of total mass) chromium (Cr) content
and produced through the casting method,
with a nominal diameter of up to 127
millimeters (mm) and tolerance of plus or
minus 10 mm. The products covered by the
scope are currently classified under
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 7325.91.0000.
This HTSUS subheading is provided for
convenience and U.S. Customs purposes
only. The written description of the scope is
dispositive.
[FR Doc. 2024–11264 Filed 5–22–24; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
Removal of Trade Mission Optional
Stops to the Global Diversity Export
Initiative (GDEI) Trade Mission to Saudi
Arabia
International Trade
Administration, Department of
Commerce.
AGENCY:
Notice.
The U.S. Department of
Commerce, International Trade
Administration (ITA), is organizing a
Global Diversity Export Initiative (GDEI)
Trade Mission to Riyadh, Saudi Arabia,
from December 8–9, 2024, with optional
stops to Jeddah and Dhahran, Saudi
Arabia, from December 10–11, 2024.
This notice is to update the prior
Federal Register notice to reflect that
the mission will no longer offer optional
stops to Jeddah and Dhahran, Saudi
Arabia.
SUMMARY:
lotter on DSK11XQN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Jeffrey Odum, Global Trade Programs,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–6397 or
email Jeffrey.Odum@trade.gov.
SUPPLEMENTARY INFORMATION:
Amendment to Remove the Trade
Mission Optional Stops.
VerDate Sep<11>2014
18:47 May 22, 2024
Jkt 262001
Global Diversity Export Initiative (GDEI)
Trade Mission to Saudi Arabia
The International Trade
Administration has determined that to
allow for optimal execution of the trade
mission, the optional stops to Jeddah
and Dhahran, Saudi Arabia will be
removed. Trade Mission participants
will have an opportunity to meet with
potential partners and distributors from
Jeddah and Dhahran, Saudi Arabia,
during the core mission stop in Riyad,
Saudi Arabia, taking place December 8–
9, 2024.
Contact
Global Diversity Export Initiative
Contact Information
Gabriela Zelaya, Acting Director/
Global Diversity Export Initiative—U.S.
Commercial Service San Jose, CA;
Gabriela.Zelaya@trade.gov; Tel: 408–
335–9202.
Larry Tabash, Global Team Leader,
Middle East & Africa Team, U.S.
Commercial Service Austin, TX;
Larry.Tabash@trade.gov; Tel: 512–936–
0039.
CS KSA Contact Information
Andrew Billard, Senior Commercial
Officer—U.S. Embassy, Saudi Arabia,
Andrew.Billard@trade.gov.
Carla Menéndez, Deputy Senior
Commercial Officer—U.S. Embassy
Saudi Arabia, Carla.Menendez@
trade.gov.
Gemal Brangman,
Director, Global Trade Programs.
[FR Doc. 2024–11262 Filed 5–22–24; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Manufacturing Extension Partnership
(MEP) Advisory Board
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
National Institute of
Standards and Technology (NIST)’s
Manufacturing Extension Partnership
(MEP) Advisory Board will hold an
open meeting on June 27, 2024, from
12:30 p.m. to 5:00 p.m. Eastern Standard
Time.
SUMMARY:
PO 00000
Frm 00019
The MEP Advisory Board will
meet on June 27, 2024, from 12:30 p.m.
to 5:00 p.m. Eastern Standard Time.
DATES:
Middle East & Africa Global Team
Contact Information
BILLING CODE 3510–DS–P
ACTION:
Background
Fmt 4703
Sfmt 9990
The meeting will be held
via webinar. Please note participation
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Beverly R. Bobb DFO 100 Bureau Drive,
M/S 4800, Gaithersburg, MD 20899–
4800, 301–975–5197. Ms. Bobb’s email
address is Beverly.Bobb@nist.gov.
Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. 1001 et seq.,
notice is hereby given that the MEP
Advisory Board will hold an open
meeting on the date and time in the
DATES section and will be open to the
public. The primary purpose of this
meeting is to provide the NIST Director
with advice on the activities, plans and
policies of the Program; assessment of
the soundness of the plans and
strategies of the Program; and
assessment of current performance
against the plans of the Program. The
agenda may change to accommodate
MEP Advisory Board business. The final
agenda will be posted on the NIST
website at https://www.nist.gov/mep/
about/advisory-board.cfm.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Board’s business are invited to request
a place on the agenda. Approximately
20 minutes will be reserved for public
comments and speaking times will be
assigned on a first-come, first-serve
basis. The amount of time per speaker
will be determined by the number of
requests received but is likely to be
about three to five minutes each.
Questions from the public will not be
considered during this period. Speakers
who wish to expand upon their oral
statements, those who had wished to
speak but could not be accommodated
on the agenda, and those who were
unable to participate are invited to
submit written statements by email to
mepab@nist.gov.
For participants attending via webinar
and/or teleconference, please contact
Ms. Bobb at (301) 975–5197 for detailed
instructions on how to join the meeting.
Authority: 15 U.S.C 278k(m), as
amended, and the Federal Advisory
Committee Act, as amended, 5 U.S.C.
1001 et seq.
SUPPLEMENTARY INFORMATION:
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2024–11361 Filed 5–22–24; 8:45 am]
BILLING CODE 3510–13–P
E:\FR\FM\23MYN1.SGM
23MYN1
Agencies
[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45640-45644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11264]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-931]
Certain High Chrome Cast Iron Grinding Media From India:
Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 16, 2024.
FOR FURTHER INFORMATION CONTACT: Claudia Cott, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4270.
SUPPLEMENTARY INFORMATION:
The Petition
On April 26, 2024, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
certain high chrome cast iron grinding media (grinding media) from
India filed in proper form on behalf of Magotteaux Inc. (the
petitioner),\1\ a domestic producer of grinding media. The CVD petition
was accompanied by an antidumping duty (AD) petition concerning imports
of grinding media from India.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Certain High Chrome Cast
Iron Grinding Media from India,'' dated April 26, 2024 (Petition).
\2\ Id.
---------------------------------------------------------------------------
On April 30, 2024, Commerce requested supplemental information
pertaining to certain aspects of the
[[Page 45641]]
Petition.\3\ On May 2, 2024, the petitioner filed responses to these
requests for additional information, and on May 8, 2024, the petitioner
filed an amendment to the proposed scope.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
April 30, 2024 (General Issues Questionnaire); and ``Supplemental
Questions,'' dated April 30, 2024.
\4\ See Petitioner's Letters, ``Response to Supplemental
Questions (General Issues),'' dated May 2, 2024 (General Issues
Supplement); ``Response to Supplemental Questions
(Countervailing),'' dated May 2, 2024; and ``Scope Amendment,''
dated May 8, 2024 (Scope Amendment).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of India
(GOI) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of grinding media from
India, and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing grinding media in
the United States. Consistent with section 702(b)(1) of the Act and 19
CFR 351.202(b), for those alleged programs on which we are initiating a
CVD investigation, the Petition is supported by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigation.\5\
---------------------------------------------------------------------------
\5\ See section on ``Determination of Industry Support for the
Petition,'' infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on April 26, 2024, the period of
investigation (POI) is January 1, 2023, through December 31, 2023.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation are grinding media
from India. For a full description of the scope of this investigation,
see the appendix to this notice.
Comments on Scope of the Investigation
On April 30, 2024, Commerce requested information from the
petitioner regarding the proposed scope to ensure that the scope
language in the Petition is an accurate reflection of the products for
which the domestic industry is seeking relief.\7\ On May 2 and 8, 2024,
the petitioner provided clarifications and/or revised the scope
language.\8\ The description of merchandise covered by this
investigation, as described in the appendix to this notice, reflects
these clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Questionnaire.
\8\ See General Issues Supplement at 1-2; see also Scope
Amendment.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for parties to raise issues regarding product
coverage (i.e., scope).\9\ Commerce will consider all scope comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\10\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on June 5,
2024, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments, which may include factual information, must be
filed by 5:00 p.m. ET on June 17, 2024,\11\ which is the next business
day after 10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ The deadline for rebuttal comments falls on June 15, 2024,
which is a Saturday. In accordance with 19 CFR 351.303(b)(1),
Commerce will accept rebuttal comments filed by 5:00 p.m. ET on June
17, 2024. Id. (``For both electronically filed and manually filed
documents, if the applicable due date falls on a non-business day,
the Secretary will accept documents that are filed on the next
business day.'').
---------------------------------------------------------------------------
Commerce requests that any factual information that the parties
consider relevant to the scope of the investigation be submitted during
that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed on the record of the concurrent AD
investigation.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at: https://access.trade.gov/help.aspx and a handbook
can be found at: https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOI of the receipt of the Petition and provided an
opportunity for consultations with respect to the Petition.\13\ The GOI
did not request consultations.
---------------------------------------------------------------------------
\13\ See Commerce's Letter, ``Countervailing Duty Petition on
High Chrome Cast Iron Grinding Media from India: Invitation for
Consultation,'' dated April 30, 2024.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the
[[Page 45642]]
domestic like product,\14\ they do so for different purposes and
pursuant to a separate and distinct authority. In addition, Commerce's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\15\
---------------------------------------------------------------------------
\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\16\ Based on our analysis of the information
submitted on the record, we have determined that grinding media, as
described in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\17\
---------------------------------------------------------------------------
\16\ See Petition at Volume I (pages 15-17 and Exhibits I-2, and
I-4); see also General Issues Supplement at 2-6.
\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Certain High Chrome Cast Iron Grinding media from
India,'' dated concurrently with, and hereby adopted by, this notice
(CVD Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petition
Covering High Chrome Cast Iron Grinding Media from India (Attachment
II). This checklist is on file electronically via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition, and supplements thereto, with reference to
the domestic like product as defined in the ``Scope of the
Investigation,'' in the appendix to this notice. To establish industry
support, the petitioner provided its own production of the domestic
like product in 2023.\18\ The petitioner stated that there are no other
known producers of grinding media in the United States; therefore, the
Petition is supported by 100 percent of the U.S. industry.\19\ We
relied on data provided by the petitioner for purposes of measuring
industry support.\20\
---------------------------------------------------------------------------
\18\ See Petition at Volume I (page 25 and Exhibit I-12).
\19\ Id. at 3 and Exhibit I-2; see also General Issues
Supplement at 2 and Exhibit I-1.
\20\ See Petition at Volume I (pages 3 and 25 and Exhibits I-2
and I-12); see also General Issues Supplement (page 2 and Exhibit
1). For further discussion, see Attachment II of the CVD Initiation
Checklist.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\21\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\22\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\23\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\24\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\25\
---------------------------------------------------------------------------
\21\ See Attachment II of the CVD Initiation Checklist.
\22\ Id.; see also section 702(c)(4)(D) of the Act.
\23\ See Attachment II of the CVD Initiation Checklist.
\24\ Id.
\25\ Id.
---------------------------------------------------------------------------
Injury Test
Because India is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from India materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\26\
---------------------------------------------------------------------------
\26\ See Petition at Volume I (page 21 and Exhibit I-9).
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; reduced market
share; underselling and price depression and/or suppression; lost sales
and revenues; declines in production, shipments, capacity utilization;
and decline in financial indicators and employment variables.\27\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\28\
---------------------------------------------------------------------------
\27\ Id. at 21-30 and Exhibits I-9 and I-11 through I-15; see
also General Issues Supplement at 6 and Exhibit 2.
\28\ See CVD Initiation Checklists at Attachment III, Analysis
of Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petition Covering High Chrome
Cast Iron Grinding Media from India.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of grinding media from India benefit from
countervailable subsidies conferred by the GOI. In accordance with
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 65
days after the date of this initiation.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on all 28
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate an investigation of each program, see the
CVD Initiation Checklist. A public version of the initiation checklist
for this investigation is available in ACCESS.
Respondent Selection
The petitioner identified 11 companies in India as producers and/or
exporters of grinding media.\29\ Commerce intends to follow its
standard practice in CVD investigations and
[[Page 45643]]
calculate company-specific subsidy rates in this investigation. In the
event that Commerce determines that the number of companies is large,
and it cannot individually examine each company based upon Commerce's
resources, Commerce intends to select mandatory respondents based on
U.S. Customs and Border Protection (CBP) data for U.S. imports of
grinding media from India during the POI under the appropriate
Harmonized Tariff Schedule of the United States subheading listed in
the ``Scope of the Investigation'' in the appendix.
---------------------------------------------------------------------------
\29\ See Petition at Volume I (page 18 and Exhibit I-7).
---------------------------------------------------------------------------
On May 8, 2024, Commerce released CBP data on imports of grinding
media from India under administrative protective order (APO) to all
parties with access to information protected by APO and indicated that
interested parties wishing to comment on CBP data and/or respondent
selection must do so within three business days of the publication date
of the notice of initiation of this investigation.\30\ Comments must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------
\30\ See Memorandum, ``Release of Data from U.S. Customs and
Border Protection,'' dated May 8, 2024.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOI via ACCESS. Furthermore, to the extent practicable,
Commerce will attempt to provide a copy of the public version of the
Petition to each exporter named in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
Typically, the ITC will preliminarily determine, within 45 days
after the date on which the Petition was filed, whether there is a
reasonable indication that subject imports are materially injuring, or
threatening material injury to, a U.S. industry.\31\ A negative ITC
determination will result in the investigation being terminated.\32\
Otherwise, this CVD investigation will proceed according to statutory
and regulatory time limits.
---------------------------------------------------------------------------
\31\ See section 703(a)(1) of the Act.
\32\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \33\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\34\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
---------------------------------------------------------------------------
\33\ See 19 CFR 351.301(b).
\34\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\35\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, standalone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning time
limits for submission of factual information prior to submitting
factual information in this investigation.\36\
---------------------------------------------------------------------------
\35\ See 19 CFR 351.302.
\36\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), and Regulations
Improving and Strengthening the Enforcement of Trade Remedies
Through the Administration of the Antidumping and Countervailing
Duty Laws, 89 FR 20766 (March 25, 2024).
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\37\
Parties must use the certification formats provided in 19 CFR
351.303(g).\38\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\37\ See section 782(b) of the Act.
\38\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at:
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in this investigation should ensure that
they meet the requirements of 19 CFR 351.103(d), e.g., by filing the
required letters of appearance. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\39\
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\39\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
[[Page 45644]]
Dated: May 16, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers chrome cast iron grinding
media in spherical (ball) or ovoid shape, with an alloy composition
of seven percent or more (>= 7 percent of total mass) chromium (Cr)
content and produced through the casting method, with a nominal
diameter of up to 127 millimeters (mm) and tolerance of plus or
minus 10 mm. The products covered by the scope are currently
classified under Harmonized Tariff Schedule of the United States
(HTSUS) subheading 7325.91.0000. This HTSUS subheading is provided
for convenience and U.S. Customs purposes only. The written
description of the scope is dispositive.
[FR Doc. 2024-11264 Filed 5-22-24; 8:45 am]
BILLING CODE 3510-DS-P