Ferrosilicon From Brazil, Kazakhstan, Malaysia, and Russia; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 56407-56408 [2024-15058]

Download as PDF Federal Register / Vol. 89, No. 131 / Tuesday, July 9, 2024 / Notices Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: July 3, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–15059 Filed 7–8–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–712–715 and 731–TA–1679–1682 (Final)] Ferrosilicon From Brazil, Kazakhstan, Malaysia, and Russia; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–712–715 and 731–TA–1679– 1682 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of ferrosilicon from Russia, provided for in subheadings 7202.21 and 7202.29 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be subsidized by the Government of Russia and alleged to be sold in the United States at less than fair value. Determinations with respect to imports of ferrosilicon from Brazil, Kazakhstan, and Malaysia, alleged to be subsidized by the Governments of Brazil, Kazakhstan, and Malaysia and alleged to be sold in the United States at less than fair value, are pending. DATES: June 28, 2024. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:00 Jul 08, 2024 Jkt 262001 FOR FURTHER INFORMATION CONTACT: Lawrence Jones ((202) 205–3358), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as covering ‘‘all forms and sizes of ferrosilicon, regardless of grade, including ferrosilicon briquettes. Ferrosilicon is a ferroalloy containing by weight 4 percent or more iron, more than 8 percent but not more than 96 percent silicon, 3 percent or less phosphorus, 30 percent or less manganese, less than 3 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 investigations 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.’’ Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Act (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by Commerce that certain benefits provided by the Government of Russia, which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 56407 1671b), are being provided to manufacturers, producers, or exporters of ferrosilicon in Russia, and that such products are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). Determinations with respect to imports of ferrosilicon from Brazil, Kazakhstan, and Malaysia, alleged to be subsidized by the Governments of Brazil, Kazakhstan, and Malaysia and alleged to be sold in the United States at less than fair value, are pending. The investigations were requested in petitions filed on March 28, 2024, by Ferroglobe USA, Inc., Beverly, Ohio and CC Metals and Alloys, LLC, Calvert City, Kentucky. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https://edis. usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. E:\FR\FM\09JYN1.SGM 09JYN1 lotter on DSK11XQN23PROD with NOTICES1 56408 Federal Register / Vol. 89, No. 131 / Tuesday, July 9, 2024 / Notices Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on August 19, 2024, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Wednesday, September 4, 2024. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Tuesday, August 27, 2024. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigations, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3:00 p.m. the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/ calendar.html. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday, September 3, 2024. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than 4:00 p.m. on Tuesday, September 3, 2024 (one business day prior to hearing). Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit VerDate Sep<11>2014 18:00 Jul 08, 2024 Jkt 262001 a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is August 26, 2024. Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is September 11, 2024. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before September 11, 2024. On October 1, 2024, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before October 3, 2024, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 Issued: July 3, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–15058 Filed 7–8–24; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Modification of Consent Decree Under the Clean Water Act and Oil Pollution Act On June 29, 2024, the Department of Justice lodged with the United States District Court for the Western District of Michigan a proposed Eighth Modification of Consent Decree (‘‘Eighth Modification’’) in the lawsuit entitled United States v. Enbridge Energy, Limited Partnership, et al., Civil Action No. 1:16–cv–914. On May 23, 2017, the United States District Court for the Western District of Michigan approved and entered a Consent Decree that resolved specified claims asserted by the United States against Enbridge Energy, Limited Partnership and eight affiliated entities (‘‘Enbridge’’) under the Clean Water Act and Oil Pollution Act arising from two separate 2010 oil spills resulting from failures of Enbridge oil transmission pipelines near Marshall, Michigan and Romeoville, Illinois. The complaint filed by the United States alleged that Enbridge’s pipelines had unlawfully discharged oil into waters of the United States and sought civil penalties, recovery of removal costs, and injunctive relief. The Consent Decree established various requirements applicable to a network of 14 pipelines that comprise Enbridge’s Lakehead System—including dig selection criteria governing excavation, repair or mitigation, and imposition of interim pressure restrictions for various features, such a cracks, that are detected through In-Line Inspections (‘‘ILI’’) of such pipelines. The proposed Modification would revise provisions of the Consent Decree relating to the investigation and repair of ‘‘circumferential cracks’’—i.e., cracks that are predominantly oriented around the circumference of the pipeline as opposed to cracks oriented along the length (or central axis) of the pipeline. First, the proposed Eighth Modification would require Enbridge to investigate circumferential crack features in four pipelines. In three pipelines (Lines 2, 62 and a portion of Line 1), Enbridge will deploy ILI tools that are specifically designed to identify and measure circumferential crack features. In a fourth pipeline (Line 4), E:\FR\FM\09JYN1.SGM 09JYN1

Agencies

[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56407-56408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15058]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-712-715 and 731-TA-1679-1682 (Final)]


Ferrosilicon From Brazil, Kazakhstan, Malaysia, and Russia; 
Scheduling of the Final Phase of Countervailing Duty and Antidumping 
Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-712-715 and 731-TA-1679-1682 (Final) pursuant to the Tariff Act 
of 1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of ferrosilicon from Russia, provided 
for in subheadings 7202.21 and 7202.29 of the Harmonized Tariff 
Schedule of the United States, preliminarily determined by the 
Department of Commerce (``Commerce'') to be subsidized by the 
Government of Russia and alleged to be sold in the United States at 
less than fair value. Determinations with respect to imports of 
ferrosilicon from Brazil, Kazakhstan, and Malaysia, alleged to be 
subsidized by the Governments of Brazil, Kazakhstan, and Malaysia and 
alleged to be sold in the United States at less than fair value, are 
pending.

DATES: June 28, 2024.

FOR FURTHER INFORMATION CONTACT: Lawrence Jones ((202) 205-3358), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as covering ``all forms and sizes of 
ferrosilicon, regardless of grade, including ferrosilicon briquettes. 
Ferrosilicon is a ferroalloy containing by weight 4 percent or more 
iron, more than 8 percent but not more than 96 percent silicon, 3 
percent or less phosphorus, 30 percent or less manganese, less than 3 
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 investigations 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.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Act (19 U.S.C. 
1671d(b) and 1673d(b)), as a result of affirmative preliminary 
determinations by Commerce that certain benefits provided by the 
Government of Russia, which constitute subsidies within the meaning of 
Sec.  703 of the Act (19 U.S.C. 1671b), are being provided to 
manufacturers, producers, or exporters of ferrosilicon in Russia, and 
that such products are being sold in the United States at less than 
fair value within the meaning of Sec.  733 of the Act (19 U.S.C. 
1673b). Determinations with respect to imports of ferrosilicon from 
Brazil, Kazakhstan, and Malaysia, alleged to be subsidized by the 
Governments of Brazil, Kazakhstan, and Malaysia and alleged to be sold 
in the United States at less than fair value, are pending. The 
investigations were requested in petitions filed on March 28, 2024, by 
Ferroglobe USA, Inc., Beverly, Ohio and CC Metals and Alloys, LLC, 
Calvert City, Kentucky.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice.

[[Page 56408]]

Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the investigations. A party 
granted access to BPI in the preliminary phase of the investigations 
need not reapply for such access. A separate service list will be 
maintained by the Secretary for those parties authorized to receive BPI 
under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on August 
19, 2024, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on 
Wednesday, September 4, 2024. Requests to appear at the hearing should 
be filed in writing with the Secretary to the Commission on or before 
Tuesday, August 27, 2024. Any requests to appear as a witness via 
videoconference must be included with your request to appear. Requests 
to appear via videoconference must include a statement explaining why 
the witness cannot appear in person; the Chairman, or other person 
designated to conduct the investigations, may in their discretion for 
good cause shown, grant such a request. Requests to appear as remote 
witness due to illness or a positive COVID-19 test result may be 
submitted by 3:00 p.m. the business day prior to the hearing. Further 
information about participation in the hearing will be posted on the 
Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday, 
September 3, 2024. Parties shall file and serve written testimony and 
presentation slides in connection with their presentation at the 
hearing by no later than 4:00 p.m. on Tuesday, September 3, 2024 (one 
business day prior to hearing). Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is August 26, 2024. Parties shall also file 
written testimony in connection with their presentation at the hearing, 
and posthearing briefs, which must conform with the provisions of Sec.  
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is September 11, 2024. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before September 11, 2024. On October 1, 2024, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before October 3, 2024, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec.  207.30 of the Commission's rules. All 
written submissions must conform with the provisions of Sec.  201.8 of 
the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    Issued: July 3, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-15058 Filed 7-8-24; 8:45 am]
BILLING CODE 7020-02-P
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