Ferrosilicon From Brazil, Kazakhstan, and Malaysia: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 46860-46861 [2024-11908]

Download as PDF 46860 Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Notices determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On April 17, 2024 and May 20, 2024, pursuant to 19 CFR 351.210(e), American Shrimp Processors Association (ASPA, or the petitioner), and Santa Priscila/Tropack and SONGA, respectively, requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.12 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce’s final determination will be issued no later than 135 days after the date of publication of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: May 22, 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. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix I Scope of the Investigation The scope of this investigation includes certain frozen warmwater shrimp and prawns 12 See Petitioner’s Letter, ‘‘Warmwater Shrimp from Ecuador and Indonesia: Petitioner’s Requests to Postpone Final Determinations,’’ dated April 17, 2024; see also Santa Priscila and SONGA’s Letter, ‘‘Request to Extend the Deadline for the Final Determination,’’ dated May 20, 2024. VerDate Sep<11>2014 20:03 May 29, 2024 Jkt 262001 whether wild-caught (ocean harvested) or farm-raised (produced by aquaculture), headon or head-off, shell-on or peeled, tail-on or tail-off, deveined or not deveined, cooked or raw, or otherwise processed in frozen form. ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. The frozen warmwater shrimp and prawn products included in the scope, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTSUS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope. In addition, food preparations, which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope. Excluded from the scope are: (1) breaded shrimp and prawns (HTSUS subheading 1605.21.1020); (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled (HTSUS subheadings 0306.36.0020 and 0306.36.0040); (4) shrimp and prawns in prepared meals (HTSUS subheadings 1605.21.0500 and 1605.29.0500); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading 1605.29.1040); and (7) certain battered shrimp. Battered shrimp is a shrimp-based product: (1) that is produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a ‘‘dusting’’ layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the non-shrimp content of the end product constituting between four and ten percent of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to individually quick frozen (IQF) freezing immediately after application of the dusting layer. When dusted in accordance with the definition of dusting above, the battered shrimp product is also coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by the scope are currently classified under the following PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 HTSUS subheadings: 0306.17.0004, 0306.17.0005, 0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011, 0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017, 0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029, 0306.17.0041, 0306.17.0042, 1605.21.1030, and 1605.29.1010. These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Affiliation and Single Entity Treatment V. Discussion of the Methodology VI. Adjustments to Cash Deposit Rates for Export Subsidies in the Companion Countervailing Duty Investigation VII. Currency Conversion VIII. Recommendation [FR Doc. 2024–11898 Filed 5–29–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–351–861, C–834–813, C–557–829] Ferrosilicon From Brazil, Kazakhstan, and Malaysia: Postponement of Preliminary Determinations in the Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 30, 2024. FOR FURTHER INFORMATION CONTACT: Bob Palmer or Laurel Smalley (Brazil), Peter Shaw (Kazakhstan), and Suresh Maniam (Malaysia), AD/CVD Operations, Offices I, VII, and VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9068, (202) 482–3456, (202) 482–0697, or (202) 482–1603, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 17, 2024, the U.S. Department of Commerce (Commerce) initiated countervailing duty (CVD) investigations of imports of ferrosilicon from Brazil, Kazakhstan, Malaysia and the Russian Federation (Russia).1 1 See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the Russian Federation: Initiation of Countervailing Duty Investigations, 89 FR 31133 (April 24, 2024). E:\FR\FM\30MYN1.SGM 30MYN1 Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Notices Currently, the preliminary determinations are due no later than June 21, 2024. ddrumheller on DSK120RN23PROD with NOTICES1 Postponement of Preliminary Determinations Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On May 17, 2024, the petitioners 2 submitted a timely request that Commerce postpone the preliminary CVD determinations with respect to Brazil, Kazakhstan, and Malaysia.3 The petitioners stated that they request postponement because, due to the number and nature of the subsidy programs, the normal 65-day deadline for the preliminary determinations would not provide sufficient time for Commerce to adequately examine the amount of subsidies that producers and exporters of subject merchandise in Brazil, Kazakhstan, and Malaysia may have received.4 In accordance with 19 CFR 351.205(e), the petitioners stated the reasons for requesting a postponement of the preliminary determination, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determinations to no later than 130 days after the date on which these 2 The petitioners are CC Metals and Alloys, LLC and Ferroglobe USA, Inc. 3 See Petitioners’ Letter, ‘‘Petitioner’s Request to Postpone the Deadline for the Preliminary Determination,’’ dated May 17, 2024. The petitioners did not request a postponement of the CVD investigation with respect to ferrosilicon from Russia. 4 Id. at 2. VerDate Sep<11>2014 20:03 May 29, 2024 Jkt 262001 investigations were initiated, i.e., August 26, 2024.5 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: May 23, 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. [FR Doc. 2024–11908 Filed 5–29–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–560–842] Frozen Warmwater Shrimp From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that frozen warmwater shrimp (shrimp) from Indonesia is being, or likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2022, through September 30, 2023. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Applicable May 30, 2024. FOR FURTHER INFORMATION CONTACT: Rachel Jennings or Miranda Bourdeau, 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) 482–1110 or (202) 482–2021, respectively. SUPPLEMENTARY INFORMATION: 5 Postponing the preliminary determination to 130 days after initiation would place the deadline on Sunday, August 25, 2024. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 46861 Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on November 21, 2023.1 On March 7, 2024, Commerce postponed the preliminary determination of this investigation until May 22, 2024.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is shrimp from Indonesia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 1 See Frozen Warmwater Shrimp from Ecuador and Indonesia: Initiation of Less-Than-Fair-Value Investigations, 88 FR 81043 (November 21, 2023) (Initiation Notice). 2 See Frozen Warmwater Shrimp from Ecuador and Indonesia: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 89 FR 16535 (March 7, 2024). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Frozen Warmwater Shrimp from Indonesia’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46860-46861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11908]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-861, C-834-813, C-557-829]


Ferrosilicon From Brazil, Kazakhstan, and Malaysia: Postponement 
of Preliminary Determinations in the Countervailing Duty Investigations

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

DATES: Applicable May 30, 2024.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Laurel Smalley (Brazil), 
Peter Shaw (Kazakhstan), and Suresh Maniam (Malaysia), AD/CVD 
Operations, Offices I, VII, and VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
9068, (202) 482-3456, (202) 482-0697, or (202) 482-1603, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 17, 2024, the U.S. Department of Commerce (Commerce) 
initiated countervailing duty (CVD) investigations of imports of 
ferrosilicon from Brazil, Kazakhstan, Malaysia and the Russian 
Federation (Russia).\1\

[[Page 46861]]

Currently, the preliminary determinations are due no later than June 
21, 2024.
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    \1\ See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the 
Russian Federation: Initiation of Countervailing Duty 
Investigations, 89 FR 31133 (April 24, 2024).
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Postponement of Preliminary Determinations

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires Commerce to issue the preliminary determination in a 
countervailing duty investigation within 65 days after the date on 
which Commerce initiated the investigation. However, section 703(c)(1) 
of the Act permits Commerce to postpone the preliminary determination 
until no later than 130 days after the date on which Commerce initiated 
the investigation if: (A) the petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
    On May 17, 2024, the petitioners \2\ submitted a timely request 
that Commerce postpone the preliminary CVD determinations with respect 
to Brazil, Kazakhstan, and Malaysia.\3\ The petitioners stated that 
they request postponement because, due to the number and nature of the 
subsidy programs, the normal 65-day deadline for the preliminary 
determinations would not provide sufficient time for Commerce to 
adequately examine the amount of subsidies that producers and exporters 
of subject merchandise in Brazil, Kazakhstan, and Malaysia may have 
received.\4\
---------------------------------------------------------------------------

    \2\ The petitioners are CC Metals and Alloys, LLC and Ferroglobe 
USA, Inc.
    \3\ See Petitioners' Letter, ``Petitioner's Request to Postpone 
the Deadline for the Preliminary Determination,'' dated May 17, 
2024. The petitioners did not request a postponement of the CVD 
investigation with respect to ferrosilicon from Russia.
    \4\ Id. at 2.
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    In accordance with 19 CFR 351.205(e), the petitioners stated the 
reasons for requesting a postponement of the preliminary determination, 
and Commerce finds no compelling reason to deny the request. Therefore, 
in accordance with section 703(c)(1)(A) of the Act, Commerce is 
postponing the deadline for the preliminary determinations to no later 
than 130 days after the date on which these investigations were 
initiated, i.e., August 26, 2024.\5\ Pursuant to section 705(a)(1) of 
the Act and 19 CFR 351.210(b)(1), the deadline for the final 
determinations of these investigations will continue to be 75 days 
after the date of the preliminary determinations.
---------------------------------------------------------------------------

    \5\ Postponing the preliminary determination to 130 days after 
initiation would place the deadline on Sunday, August 25, 2024. 
Commerce's practice dictates that where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: May 23, 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.
[FR Doc. 2024-11908 Filed 5-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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