Ferrosilicon From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination, 53949-53951 [2024-14197]
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Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
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BE–30 reports would be required from
each U.S. ocean freight carrier (owners
and operators) that engaged in the
international transportation of freight,
cargo, and/or passengers between U.S.
and foreign ports or between foreign
ports, whose total covered revenues or
total covered expenses were $500,000 or
more in the previous year or are
expected to be $500,000 or more during
the current year.
BE–37 reports would be required from
each from U.S. airline operator engaged
in the international transportation of
passengers or of U.S. export freight, or
the transportation of freight or
passengers between two foreign points,
whose total covered revenues or total
covered expenses were $500,000 or
more in the previous year or are
expected to be $500,000 or more during
the current year.
BEA offers its electronic filing option,
the eFile system, for use in reporting on
Form BE–30 and BE–37 surveys. For
more information about eFile, go to
www.bea.gov/efile. In addition, BEA
posts all its survey forms and reporting
instructions on its website,
www.bea.gov/ssb. These may be
downloaded, completed, printed, and
submitted via fax or mail.
III. Data
OMB Control Number: 0608–0011.
Form Number(s): BE–30 and BE–37.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of BE–30
Respondents: 200 annually (50 filed
each quarter; 48 reporting mandatory
data, and 2 that would file exemption
claims or voluntary responses).
Estimated Number of BE–37
Respondents: 120 annually (30 filed
each quarter; 28 reporting mandatory
data, and 2 that would file an exemption
claim or voluntary response).
Estimated Time per Response: For the
BE–30, 4 hours is the average for those
reporting mandatory data and one hour
is the average for those filing an
exemption claim or voluntary
responses. For the BE–37, 5 hours is the
average for those reporting mandatory
data and one hour is the average for
those filing an exemption claim or
voluntary responses. For the BE–30 and
BE–37 surveys, hours may vary
considerably among respondents
because of differences in company size
and complexity.
Estimated Total Annual Burden
Hours: 1,344 (776 for the BE–30; 568 for
the BE–37).
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Mandatory.
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53949
Legal Authority: International
Investment and Trade in Services
Survey Act (Pub. L. 94–472, 22 U.S.C.
3101–3108, as amended).
2023, through December 31, 2023.
Interested parties are invited to
comment on this preliminary
determination.
IV. Request for Comments
DATES:
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Agency,
including whether the information will
have practical utility; (b) the accuracy of
the Agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this Information
Collection Request (ICR). Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
FOR FURTHER INFORMATION CONTACT:
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2024–14273 Filed 6–27–24; 8:45 am]
BILLING CODE 3510–06–P
Applicable June 28, 2024.
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
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 24, 2024.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics
discussed 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 ferrosilicon from Russia.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
DEPARTMENT OF COMMERCE
International Trade Administration
[C–821–839]
Ferrosilicon From the Russian
Federation: Preliminary Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of ferrosilicon
from the Russian Federation (Russia).
The period of investigation is January 1,
AGENCY:
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Sfmt 4703
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 No interested
party commented on the scope of the
investigation as it appeared in the
1 See Ferrosilicon from Brazil, Kazakhstan,
Malaysia, and the Russian Federation: Initiation of
Countervailing Duty Investigations, 89 FR 31133
(April 24, 2024) (Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Ferrosilicon
from the Russian Federation,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice.
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Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
Initiation Notice. Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice.
information, see the ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ section in the Preliminary
Decision Memorandum.
Methodology
All-Others Rate
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found to be countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.5
Commerce notes that, in making these
findings, it relied on facts available and,
because it finds that the interested
parties did not act to the best of their
ability to respond to Commerce’s
requests for information, it drew an
adverse inference where appropriate in
selecting from among the facts
otherwise available.6 For further
Sections 703(d) and 705(c)(5)(A) of
the Act provide that, in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any rates that are
zero, de minimis, or based entirely
under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of
the Act, if the individual estimated
countervailable subsidy rates
established for all exporters and
producers individually examined are
zero, de minimis, or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
subsidy rate for all other producers or
exporters. Commerce has preliminarily
determined the estimated subsidy rate
for the individually examined
respondent under section 776 of the
Act. Consequently, as a reasonable
method, Commerce is determining the
all-others rate based on the rate
determined for Russian Ferro Alloys
Inc./RFA International LP, the
mandatory respondent in this
investigation, as determined under
section 776 of the Act.7 For a full
description of the methodology
underlying Commerce’s analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Subsidy rate
(percent ad valorem)
Company
Russian Ferro Alloys Inc./RFA International LP ..................................................................................................................
All Others .............................................................................................................................................................................
* 748.58
* 748.58
* Rate based on adverse facts available (AFA).
Suspension of Liquidation
In accordance with sections
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
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Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
6 See sections 776(a) and (b) of the Act.
7 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 21909,
21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and
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Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary determination. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.8 Interested parties who submit
case or rebuttal briefs in this proceeding
must submit: (1) a table of contents
listing each issue; and (2) a table of
authorities.9
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.10 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
accompanying Issues and Decision Memorandum at
Comment 2; see also Notice of Final Determination
of Sales at Less Than Fair Value: Raw Flexible
Magnets from Taiwan, 73 FR 39673, 39674 (July 10,
2008); and Steel Threaded Rod from Thailand:
Preliminary Determination of Sales at Less Than
Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR
79670, 79671 (December 31, 2013), unchanged in
Steel Threaded Rod from Thailand: Final
Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical
Circumstances, 79 FR 14476, 14477 (March 14,
2014).
8 See 19 CFR 351.309(c)–(d); see also
Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing
Duty Proceedings, 88 FR 67069, 67077 (September
29, 2023) (APO and Service Final Rule).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
publication of the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied total AFA to the
individually examined company,
Russian Ferro Alloys Inc./RFA
International LP, in this investigation in
accordance with section 776 of the Act,
there are no calculations to disclose.
Verification
Because the mandatory respondents
in this investigation did not provide
information requested by Commerce
and Commerce preliminarily determines
each of the mandatory respondents to
have been uncooperative, verification
will not be conducted.
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Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
intend to use the executive summaries
as the basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants and whether any
participant is a foreign national, and a
list of the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.12 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Dated: June 21, 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.
Final Determination
Appendix II
Section 705(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Respondent Identification
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Analysis of Programs
VII. Recommendation
U.S. International Trade Commission
Notification
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In accordance with section 703(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 ferrosilicon from Russia 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
703(f) and 777(i) of the Act, and 19 CFR
351.205(c).
11 See
12 See
APO and Service Final Rule.
19 CFR 351.310(d).
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Appendix I
Scope of the Investigation
The scope of this investigation covers all
forms and sizes of ferrosilicon, regardless of
grade, including ferrosilicon briquettes.
Ferrosilicon is a ferroalloy containing by
weight four percent or more iron, more than
eight percent but not more than 96 percent
silicon, three percent or less phosphorus, 30
percent or less manganese, less than three
percent magnesium, and 10 percent or less
any other element. The merchandise covered
also includes product described as slag, if the
product meets these specifications.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise processed in
a third country, including by performing any
grinding or any other finishing, packaging, or
processing that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the ferrosilicon.
Ferrosilicon is currently classifiable under
subheadings 7202.21.1000, 7202.21.5000,
7202.21.7500, 7202.21.9000, 7202.29.0010,
and 7202.29.0050 of the Harmonized Tariff
Schedule of the United States (HTSUS).
While the HTSUS numbers are provided for
convenience and customs purposes, the
written description of the scope remains
dispositive.
[FR Doc. 2024–14197 Filed 6–27–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Amended
Final Results of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the antidumping duty (AD) order on
AGENCY:
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53951
certain carbon and alloy steel cut-tolength plate (CTL plate) from Italy to
correct a ministerial error. The period of
review (POR) is May 1, 2022, through
April 30, 2023.
DATES: Applicable June 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Sean Grossnickle, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3818.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2024, Commerce published
in the Federal Register the Final Results
of the 2022–2023 administrative review
of the AD order on CTL plate from
Italy.1 On June 5, 2024, Commerce
disclosed its calculations and provided
interested parties with the opportunity
to submit ministerial error comments.2
On June 10, 2024, NLMK Verona S.p.A.
(NVR), a mandatory respondent in this
review, submitted a timely ministerial
error allegation.3 No other party
submitted a ministerial error allegation
or rebutted NVR’s ministerial error
allegation. We are amending the Final
Results to correct the ministerial error
alleged by NVR.
Legal Framework
Section 751(h) of the Tariff Act of
1930, as amended (the Act), defines a
‘‘ministerial error’’ as including ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
unintentional error which the
administering authority considers
ministerial.’’ With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate . . . correct any
ministerial error by amending . . . the
final results of review.’’
Ministerial Error
In the Final Results, Commerce made
an inadvertent error within the meaning
of section 751(h) of the Act and 19 CFR
351.224(f) with respect to the treatment
of home market sales made during the
‘‘window period,’’ of three months
before the POR and two months after the
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Italy: Final Results of
Antidumping Duty Administrative Review; 2022–
2023, 89 FR 48562 (June 7, 2024) (Final Results).
2 See Memorandum, ‘‘Deadline for Ministerial
Error Comments,’’ dated June 5, 2024.
3 See NVR’s Letter, ‘‘Ministerial Error
Comments,’’ dated Juene 10, 2024 (NVR’s
Ministerial Error Allegation).
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]]>Agencies
[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 53949-53951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14197]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-839]
Ferrosilicon From the Russian Federation: Preliminary Affirmative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of ferrosilicon from the Russian Federation
(Russia). The period of investigation is January 1, 2023, through
December 31, 2023. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable June 28, 2024.
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
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 24,
2024.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics discussed 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.
---------------------------------------------------------------------------
\1\ See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the
Russian Federation: Initiation of Countervailing Duty
Investigations, 89 FR 31133 (April 24, 2024) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of
Ferrosilicon from the Russian Federation,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is ferrosilicon from
Russia. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ No interested party
commented on the scope of the investigation as it appeared in the
[[Page 53950]]
Initiation Notice. Commerce is not preliminarily modifying the scope
language as it appeared in the Initiation Notice.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\5\
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied on facts
available and, because it finds that the interested parties did not act
to the best of their ability to respond to Commerce's requests for
information, it drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\6\ For further
information, see the ``Use of Facts Otherwise Available and Adverse
Inferences'' section in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
rates that are zero, de minimis, or based entirely under section 776 of
the Act.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual
estimated countervailable subsidy rates established for all exporters
and producers individually examined are zero, de minimis, or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated subsidy rate for all other
producers or exporters. Commerce has preliminarily determined the
estimated subsidy rate for the individually examined respondent under
section 776 of the Act. Consequently, as a reasonable method, Commerce
is determining the all-others rate based on the rate determined for
Russian Ferro Alloys Inc./RFA International LP, the mandatory
respondent in this investigation, as determined under section 776 of
the Act.\7\ For a full description of the methodology underlying
Commerce's analysis, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); and Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate (percent
Company ad valorem)
------------------------------------------------------------------------
Russian Ferro Alloys Inc./RFA International LP. * 748.58
All Others..................................... * 748.58
------------------------------------------------------------------------
* Rate based on adverse facts available (AFA).
Suspension of Liquidation
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied
total AFA to the individually examined company, Russian Ferro Alloys
Inc./RFA International LP, in this investigation in accordance with
section 776 of the Act, there are no calculations to disclose.
Verification
Because the mandatory respondents in this investigation did not
provide information requested by Commerce and Commerce preliminarily
determines each of the mandatory respondents to have been
uncooperative, verification will not be conducted.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than five days after the date for filing case
briefs.\8\ Interested parties who submit case or rebuttal briefs in
this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\9\
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\8\ See 19 CFR 351.309(c)-(d); see also Administrative
Protective Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\10\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We
[[Page 53951]]
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final determination in this investigation. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants and whether any participant is a foreign national, and a
list of the issues to be discussed. Oral presentations at the hearing
will be limited to issues raised in the briefs. If a request for a
hearing is made, parties will be notified of the time and date for the
hearing.\12\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\12\ See 19 CFR 351.310(d).
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Final Determination
Section 705(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination.
U.S. International Trade Commission Notification
In accordance with section 703(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 ferrosilicon from Russia 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 703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: June 21, 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 I
Scope of the Investigation
The scope of this investigation covers all forms and sizes of
ferrosilicon, regardless of grade, including ferrosilicon
briquettes. Ferrosilicon is a ferroalloy containing by weight four
percent or more iron, more than eight percent but not more than 96
percent silicon, three percent or less phosphorus, 30 percent or
less manganese, less than three percent magnesium, and 10 percent or
less any other element. The merchandise covered also includes
product described as slag, if the product meets these
specifications.
Subject merchandise includes material matching the above
description that has been finished, packaged, or otherwise processed
in a third country, including by performing any grinding or any
other finishing, packaging, or processing that would not otherwise
remove the merchandise from the scope of the investigation if
performed in the country of manufacture of the ferrosilicon.
Ferrosilicon is currently classifiable under subheadings
7202.21.1000, 7202.21.5000, 7202.21.7500, 7202.21.9000,
7202.29.0010, and 7202.29.0050 of the Harmonized Tariff Schedule of
the United States (HTSUS). While the HTSUS numbers are provided for
convenience and customs purposes, the written description of the
scope remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Respondent Identification
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2024-14197 Filed 6-27-24; 8:45 am]
BILLING CODE 3510-DS-P
