Forged Steel Fluid End Blocks From Italy: Final Results of Countervailing Duty Administrative Review; 2022, 66678-66680 [2024-18417]
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to section 1760(e) of
ECRA (50 U.S.C. 4819(e)) and sections
766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or
business organization related to Ghanem
by ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with part 756 of
the Regulations, Ghanem may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Ghanem and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 31, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024–18397 Filed 8–15–24; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
lotter on DSK11XQN23PROD with NOTICES1
[A–351–860, A–834–812, A–557–828]
Ferrosilicon From Brazil, Kazakhstan,
and Malaysia: Postponement of
Preliminary Determinations in the
Less-Than-Fair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable August 16, 2024.
AGENCY:
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17:33 Aug 15, 2024
Jkt 262001
FOR FURTHER INFORMATION CONTACT:
Jaron Moore (Brazil) at (202) 482–3640;
Samantha Kinney (Kazakhstan) at (202)
482–2285; Peter Farrell (Malaysia) at
(202) 482–2104, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On April 17, 2024, the U.S.
Department of Commerce (Commerce)
initiated less-than-fair-value (LTFV)
investigations on imports of ferrosilicon
from Brazil, Kazakhstan, and Malaysia.1
On July 22, 2024, Commerce tolled
certain deadlines in these
administrative proceedings by seven
days.2 The deadline for the preliminary
determinations is now September 11,
2024.
Postponement of Preliminary
Determinations
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
within 140 days after the date on which
Commerce initiated the investigation.
However, section 733(c)(1)(A)(b)(1) of
the Act permits Commerce to postpone
the preliminary determination until no
later than 190 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.
Brazil, Kazakhstan, and Malaysia
On July 31, 2024, the petitioners 3
submitted a timely request that
Commerce postpone the preliminary
determinations in the LTFV
1 See Ferrosilicon from Brazil, Kazakhstan,
Malaysia, and the Russian Federation: Initiation of
Less-Than-Fair-Value Investigations, 89 FR 31137
(April 24, 2024).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 The petitioners are CC Metals and Alloys, LLC
and Ferroglobe USA, Inc.
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investigations.4 The petitioners stated
that they requested the postponement
because Commerce either has not yet
received, or has only just recently
received, full initial questionnaire
responses from the mandatory
respondents in all three investigations
and additional time is necessary to
allow Commerce and petitioners ‘‘to
fully develop the record, and to review
and comment upon the original and any
supplemental responses.’’ 5
For the reason stated above and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determinations by 50
days (i.e., 190 days after the date on
which these investigations were
initiated). As a result, Commerce will
issue its preliminary determinations no
later than October 31, 2024.6 In
accordance with section 735(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, unless postponed at a
later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: August 12, 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. 2024–18384 Filed 8–15–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–475–841]
Forged Steel Fluid End Blocks From
Italy: Final Results of Countervailing
Duty Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain producers and exporters of
forged steel fluid end blocks (fluid end
blocks) from Italy received
countervailable subsidies during the
period of review (POR) January 1, 2022,
through December 31, 2022.
AGENCY:
4 See Petitioners’ Letter, ‘‘Petitioners’ Request to
Postpone Preliminary Antidumping Duty
Determinations,’’ dated July 31, 2024.
5 Id.
6 This deadline has been tolled by seven days. See
footnote 2, supra.
E:\FR\FM\16AUN1.SGM
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
DATES:
Applicable August 16, 2024.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski or 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) 482–1395 or
(202) 482–4270, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2024, Commerce
published in the Federal Register the
Preliminary Results of this
administrative review and invited
comments from interested parties.1 For
a detailed description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.2 On May 3, 2024, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), Commerce extended the deadline
for issuing the final results until August
2, 2024.3 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative review by seven days.4
The deadline for the final results of
review is now August 9, 2024.
Scope of the Order 5
The products covered by the scope of
the Order are forged steel fluid end
blocks from Italy. For a full description
of the scope of the Order, see the Issues
and Decision Memorandum.
lotter on DSK11XQN23PROD with NOTICES1
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this review are addressed in
1 See Forged Steel Fluid End Blocks from Italy:
Preliminary Results of Countervailing Duty
Administrative Review and Rescission of
Administrative Review, in Part; 2022, 89 FR 8145
(February 6, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Countervailing Duty
Administrative Review of Forged Steel Fluid End
Blocks from Italy; 2022,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review,’’ dated May 3, 2024.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
5 See Forged Steel Fluid End Blocks from the
People’s Republic of China, the Federal Republic of
Germany, India, and Italy: Countervailing Duty
Orders, and Amended Final Affirmative
Countervailing Duty Determination for the People’s
Republic of China, 86 FR 7535 (January 29, 2021);
see also Forged Steel Fluid End Blocks from the
People’s Republic of China, the Federal Republic of
Germany, India, and Italy: Correction to
Countervailing Duty Orders, 86 FR 10244 (February
19, 2021) (Order).
VerDate Sep<11>2014
18:07 Aug 15, 2024
Jkt 262001
the Issues and Decision Memorandum.
The topics discussed and the issues
raised by interested parties to which we
responded in the Issues and Decision
Memorandum are listed in the appendix
to this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments received from
interested parties, we revised the
calculation of the net countervailable
subsidy rates for Lucchini Mame Forge
S.p.A. (Lucchini) and Metalcam S.p.A.
(Metalcam). For a discussion of these
changes, see the Issues and Decision
Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Act. For
each of the subsidy programs found to
be countervailable, we determine that
there is a subsidy, i.e., a governmentprovided financial contribution that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6 For a
complete description of the
methodology underlying all of
Commerce’s conclusions, including our
reliance, in part, on facts otherwise
available, including adverse facts
available, pursuant to sections 776(a)
and (b) of the Act, see the Issues and
Decision Memorandum.
Companies Not Selected for Individual
Review
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides the basis for
calculating the all-others rate in an
investigation. Section 705(c)(5)(A)(i) of
the Act instructs Commerce, as a general
rule, to calculate the all-others rate
6 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.
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66679
equal to the weighted average of the
countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero or de minimis countervailable
subsidy rates, and any rates determined
entirely on the basis of facts available.
There are two companies (i.e.,
Officine Meccaniche Roselli S.r.l. and
Cogne Acciai Speciali S.p.A.) for which
a review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross-owned with a mandatory
respondent. In this review, the rates for
Lucchini and Metalcam were above de
minimis and not based entirely on facts
available. Therefore, we are applying to
the non-selected companies the average
of the net subsidy rates calculated for
Lucchini and Metalcam in these final
results, which we calculated using the
publicly-ranged sales data submitted by
Lucchini and Metalcam.7
Final Results of the Administrative
Review
We find the following net
countervailable subsidy rates exist for
the period January 1, 2022, through
December 31, 2022:
Company
Lucchini Mame Forge S.p.A.8 ....
Metalcam S.p.A.9 ........................
Review-Specific Average Rate
Applicable to the Following
Companies:
Officine Meccaniche Roselli
S.r.l. .....................................
Cogne Acciai Speciali S.p.A. ..
Subsidy
rate
(percent
ad
valorem)
6.80
3.28
5.04
5.04
7 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
8 Commerce finds the following companies to be
cross-owned with Lucchini: Lucchini RS S.p.A.;
Lucchini Industries Srl; and Bicomet S.p.A.
9 Commerce finds the following companies to be
cross-owned with Metalcam: Adamello Meccanica
S.r.l.; and B.S. S.r.l.
E:\FR\FM\16AUN1.SGM
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66680
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
Disclosure
Commerce intends to disclose
calculations and analysis performed for
these final results of review within five
days after the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Dated: August 9, 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.
February 28, 2023. Commerce also
determines that Sylvamo do Brasil Ltda.
and Sylvamo Exports Ltda. (collectively,
Sylvamo) did not make sales of subject
merchandise at prices below normal NV
the POR.
Appendix
DATES:
Assessment Requirements
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has
determined, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after 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).
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Rate
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether to Adjust Lucchini’s
Benefits Under the Electricity Purchases
Through the Interconnector Program
Comment 2: Whether Commerce Should
Calculate Lucchini’s Benefit Amount for
the Gas Interruptibility Program on an
Entity-Specific Basis
Comment 3: Whether Commerce Correctly
Calculated Lucchini’s Benefits Under the
Free Allocation of European Union
Emissions Trading System Program
Comment 4: Whether Commerce Should
Countervail Certain Additional Energy
Subsidies in this Review
Comment 5: Whether Respondents
Received Benefits Under the Industrial
Exemptions for General Electricity
Network Costs (Energivori) Program
Comment 6: Whether Commerce Should
Adjust Lucchini’s Denominator
Comment 7: Whether Commerce Should
Countervail the Energy Interruptibility
Contracts Program
Comment 8: Whether the Aid for Economic
Growth Program is Specific
Comment 9: Whether Commerce Should
Countervail the Super-Ammortamento,
Iper-Ammortamento and Patent Box
Deductions Programs
Comment 10: Whether Commerce Should
Countervail Certain Sgravi Programs
IX. Recommendation
FOR FURTHER INFORMATION CONTACT:
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for the companies listed
above for shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of these
final results of this administrative
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the all-others
rate or the most recent company-specific
rate applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
The final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
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17:33 Aug 15, 2024
Jkt 262001
[FR Doc. 2024–18417 Filed 8–15–24; 8:45 am]
BILLING CODE 3510–DS–P
Applicable August 16, 2024.
Christopher Maciuba or Nathan James,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–0413 or
(202) 482–5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 5, 2024, Commerce
published the Preliminary Results.1 On
May 6, 2024, Commerce issued a
questionnaire to which Suzano timely
responded on May 23, 2024.2 On June
6, 2024, Commerce notified interested
parties of the deadline for the
submission of case and rebuttal briefs.3
No interested party submitted
comments on the Preliminary Results.
Commerce conducted this review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Commerce made no changes from the
Preliminary Results, which are herein
adopted as the final results of review.
Additionally, because these final results
remain unchanged from the Preliminary
Results, no memorandum accompanies
this notice.
Scope of the Order 4
The merchandise covered by the
Order is uncoated paper from Brazil. For
a complete description of the scope of
the Order, see the Preliminary Results
PDM.
Final Results of Review
DEPARTMENT OF COMMERCE
International Trade Administration
We determine that the following
estimated weighted-average dumping
margins exist for the POR, March 1,
2022, through February 28, 2023:
[A–351–842]
Certain Uncoated Paper From Brazil:
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) determines that
Suzano S.A. (Suzano) made sales of
subject merchandise at prices below
normal value (NV) during the period of
review (POR) March 1, 2022, through
AGENCY:
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1 See Certain Uncoated Paper from Brazil:
Preliminary Results of Antidumping Duty
Administrative Review; 2022–2023, 89 FR 23971
(April 5, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Suzano’s Letter, ‘‘Suzano’s Supplemental
Questionnaire Response,’’ dated May 23, 2024.
3 See Memorandum, ‘‘Briefing Schedule for the
Final Results,’’ dated June 6, 2024.
4 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR
11174 (March 3, 2016) (Order).
E:\FR\FM\16AUN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66678-66680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18417]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-841]
Forged Steel Fluid End Blocks From Italy: Final Results of
Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers and exporters of forged steel fluid end blocks (fluid
end blocks) from Italy received countervailable subsidies during the
period of review (POR) January 1, 2022, through December 31, 2022.
[[Page 66679]]
DATES: Applicable August 16, 2024.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or 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) 482-1395 or (202)
482-4270, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2024, Commerce published in the Federal Register the
Preliminary Results of this administrative review and invited comments
from interested parties.\1\ For a detailed description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\ On May 3, 2024, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the deadline for issuing the final results until August 2,
2024.\3\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative review by seven days.\4\ The deadline for the final
results of review is now August 9, 2024.
---------------------------------------------------------------------------
\1\ See Forged Steel Fluid End Blocks from Italy: Preliminary
Results of Countervailing Duty Administrative Review and Rescission
of Administrative Review, in Part; 2022, 89 FR 8145 (February 6,
2024) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Forged Steel
Fluid End Blocks from Italy; 2022,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated May 3, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Forged Steel Fluid End Blocks from the People's Republic
of China, the Federal Republic of Germany, India, and Italy:
Countervailing Duty Orders, and Amended Final Affirmative
Countervailing Duty Determination for the People's Republic of
China, 86 FR 7535 (January 29, 2021); see also Forged Steel Fluid
End Blocks from the People's Republic of China, the Federal Republic
of Germany, India, and Italy: Correction to Countervailing Duty
Orders, 86 FR 10244 (February 19, 2021) (Order).
---------------------------------------------------------------------------
The products covered by the scope of the Order are forged steel
fluid end blocks from Italy. For a full description of the scope of the
Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this review are addressed in the Issues and
Decision Memorandum. The topics discussed and the issues raised by
interested parties to which we responded in the Issues and Decision
Memorandum are listed in the appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments received from interested parties, we revised the
calculation of the net countervailable subsidy rates for Lucchini Mame
Forge S.p.A. (Lucchini) and Metalcam S.p.A. (Metalcam). For a
discussion of these changes, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Act. For each of the subsidy programs found
to be countervailable, we determine that there is a subsidy, i.e., a
government-provided financial contribution that gives rise to a benefit
to the recipient, and that the subsidy is specific.\6\ For a complete
description of the methodology underlying all of Commerce's
conclusions, including our reliance, in part, on facts otherwise
available, including adverse facts available, pursuant to sections
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to calculate the all-others rate
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely on the basis of facts available.
There are two companies (i.e., Officine Meccaniche Roselli S.r.l.
and Cogne Acciai Speciali S.p.A.) for which a review was requested and
not rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. In this review,
the rates for Lucchini and Metalcam were above de minimis and not based
entirely on facts available. Therefore, we are applying to the non-
selected companies the average of the net subsidy rates calculated for
Lucchini and Metalcam in these final results, which we calculated using
the publicly-ranged sales data submitted by Lucchini and Metalcam.\7\
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\7\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
\8\ Commerce finds the following companies to be cross-owned
with Lucchini: Lucchini RS S.p.A.; Lucchini Industries Srl; and
Bicomet S.p.A.
\9\ Commerce finds the following companies to be cross-owned
with Metalcam: Adamello Meccanica S.r.l.; and B.S. S.r.l.
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Final Results of the Administrative Review
We find the following net countervailable subsidy rates exist for
the period January 1, 2022, through December 31, 2022:
------------------------------------------------------------------------
Subsidy
rate
Company (percent
ad
>valorem)
------------------------------------------------------------------------
Lucchini Mame Forge S.p.A.\8\............................... 6.80
Metalcam S.p.A.\9\.......................................... 3.28
Review-Specific Average Rate Applicable to the Following
Companies:
Officine Meccaniche Roselli S.r.l......................... 5.04
Cogne Acciai Speciali S.p.A............................... 5.04
------------------------------------------------------------------------
[[Page 66680]]
Disclosure
Commerce intends to disclose calculations and analysis performed
for these final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after 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).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above for shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of this administrative review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: August 9, 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
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Rate
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether to Adjust Lucchini's Benefits Under the
Electricity Purchases Through the Interconnector Program
Comment 2: Whether Commerce Should Calculate Lucchini's Benefit
Amount for the Gas Interruptibility Program on an Entity-Specific
Basis
Comment 3: Whether Commerce Correctly Calculated Lucchini's
Benefits Under the Free Allocation of European Union Emissions
Trading System Program
Comment 4: Whether Commerce Should Countervail Certain
Additional Energy Subsidies in this Review
Comment 5: Whether Respondents Received Benefits Under the
Industrial Exemptions for General Electricity Network Costs
(Energivori) Program
Comment 6: Whether Commerce Should Adjust Lucchini's Denominator
Comment 7: Whether Commerce Should Countervail the Energy
Interruptibility Contracts Program
Comment 8: Whether the Aid for Economic Growth Program is
Specific
Comment 9: Whether Commerce Should Countervail the Super-
Ammortamento, Iper-Ammortamento and Patent Box Deductions Programs
Comment 10: Whether Commerce Should Countervail Certain Sgravi
Programs
IX. Recommendation
[FR Doc. 2024-18417 Filed 8-15-24; 8:45 am]
BILLING CODE 3510-DS-P
