Ferrosilicon From Brazil: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination in Part, and Alignment of Final Determination With Final Antidumping Duty Determination, 73371-73374 [2024-20363]
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
percent or less manganese, less than three
percent magnesium, and 10 percent or less of
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. Injury Test
IV. Subsidies Valuation
V. Change in Ownership
VI. Benchmarks
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–20365 Filed 9–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–177]
Certain Low Speed Personal
Transportation Vehicles From the
People’s Republic of China:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley at (202) 482–3148, AD/
CVD Operations, OVII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On July 10, 2024, the U.S. Department
of Commerce (Commerce) initiated a
countervailing duty (CVD) investigation
of imports of Certain Low Speed
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Personal Transportation Vehicles
(LSPTV) from the People’s Republic of
China (China).1 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.2 Currently, the preliminary
determination is due no later than
September 20, 2024.
Postponement of Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
Commerce initiated the investigation.
However, section 703(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 130 days after the date on which
Commerce initiated the investigation if:
(A) the petitioner 3 makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On August 23, 2024, the petitioner
submitted a timely request that
Commerce postpone the preliminary
determination in this investigation.4
The petitioner stated that they request
postponement to extend the deadline for
the preliminary determination in order
to collect the necessary information for
determining accurate countervailable
subsidy rates.5
In accordance with 19 CFR
351.205(e), the petitioner submitted its
request for postponement of the
preliminary determination in this
investigation 25 days or more before the
scheduled date of the preliminary
determination and stated the reasons for
1 See Certain Low Speed Personal Transportation
Vehicles from the People’s Republic of China:
Initiation of Countervailing Duty Investigation, 89
FR 57870 (July 16, 2024) (Initiation Notice).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 The petitioner is American Personal
Transportation Manufacturers Coalition.
4 See Petitioner’s Letter, ‘‘Request for
Postponement of the Preliminary Determination,’’
dated August 23, 2024.
5 Id.
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73371
its request. For the reasons stated above,
and because there are no compelling
reasons to deny the request, in
accordance with section 703(c)(1)(A) of
the Act, Commerce is postponing the
deadline for the preliminary
determination to no later than 130 days
after the date on which this
investigation was initiated, i.e.,
November 25, 2024.6 Pursuant to
section 705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: September 3, 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. 2024–20348 Filed 9–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–861]
Ferrosilicon From Brazil: Preliminary
Affirmative Countervailing Duty
Determination, Preliminary Affirmative
Critical Circumstances Determination
in Part, and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of ferrosilicon
from Brazil. The period of investigation
is January 1, 2023, through December
31, 2023. Interested parties are invited
to comment on this preliminary
determination.
SUMMARY:
6 Postponing the tolled preliminary determination
deadline to 130 days after initiation would place
the deadline on Sunday, November 24, 2024.
Commerce’s practice dictates that where a deadline
falls on a weekend or federal holiday, the
appropriate deadline is the next business day. See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
Applicable September 10, 2024.
Bob
Palmer or Laurel Smalley, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–9068 or (202) 482–3456,
respectively.
SUPPLEMENTARY INFORMATION:
For a complete description of the scope
of this investigation, see Appendix I.
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 On May 30, 2024,
Commerce postponed the preliminary
determination of this investigation until
August 26, 2024.2 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.3 The deadline for this preliminary
determination is now September 3,
2024. For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 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.
Methodology
DATES:
FOR FURTHER INFORMATION CONTACT:
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Investigation
The product covered by this
investigation is ferrosilicon from Brazil.
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 Ferrosilicon from Brazil, Kazakhstan, and
Malaysia: Postponement of Preliminary
Determinations in the Countervailing Duty
Investigations, 89 FR 46860 (May 30, 2024).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024. Because the
current deadline for this preliminary determination
falls on a Holiday (i.e., September 2, 2024), the
deadline became the next business day (i.e.,
September 3, 2024). See also Next Business Day
Rule.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Ferrosilicon
from Brazil,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).6 As noted in the
Preliminary Decision Memorandum,
Commerce corrected a minor clerical
error in the language of the scope.7
All-Others Rate
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found 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.8
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that one
or more respondents 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.9 For further
information, see the ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ section in the Preliminary
Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
exist with respect to imports of
Ferrosilicon from Brazil for Companhia
de Ferro Ligas da Bahia—FERBASA
(Ferbasa), Minasligas S.A. (Minasligas),
and Ligas de Aluminio S.A. (LIASA),
but do not exist with respect to all-other
exporters or producers not individually
examined. For a full description of the
methodology and results of Commerce’s
analysis, see the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final countervailing duty (CVD)
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See Preliminary Decision Memorandum.
8 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.
9 See sections 776(a) and (b) of the Act.
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determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of Ferrosilicon from Brazil
based on a request made by the
petitioners.10 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
January 14, 2025, unless postponed.
Fmt 4703
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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 zero and de
minimis rates and any rates based
entirely under section 776 of the Act. In
this investigation, Commerce calculated
individual estimated countervailable
subsidy rates for Ferbasa and Minasligas
that are not zero, de minimis, or based
entirely on facts otherwise available.
Therefore, Commerce calculated the allothers rate using a weighted-average of
the estimated subsidy rates calculated
for the examined respondents using
each company’s publicly-ranged U.S.
sales values for the merchandise under
consideration.11
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
10 See Petitioners’ Letter, ‘‘Petitioners’ Request for
Alignment of Final Determinations with Deadline
in Concurrent AD Investigations,’’ dated August 15,
2024.
11 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. sales values 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, 53662
(September 1, 2010), and accompanying Issues and
Decision Memorandum at Comment 1. As complete
publicly ranged sales data were available,
Commerce based the all-others rate on the publicly
ranged sales data of the mandatory respondents. For
a complete analysis of the data, see the All-Others
Rate Calculation Memorandum.
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
Company
Companhia de Ferro Ligas
da Bahia—FERBASA 12 ....
Minasligas S.A. 13 ................
Ligas de Aluminio S.A ..........
All Others ..............................
Subsidy rate
(percent ad
valorem)
5.36
4.44
* 61.73
5.09
* Rate is based on an adverse inference.
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.
khammond on DSKJM1Z7X2PROD with NOTICES
Section 703(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of: (a) the date which is
90 days before the date on which the
suspension of liquidation was first
ordered; or (b) the date on which notice
of initiation of the investigation was
published. Commerce preliminarily
finds that critical circumstances exist
for imports of subject merchandise
produced and/or exported by Ferbasa,
LIASA, and Minasligas. In accordance
with section 703(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
unliquidated entries of merchandise
from the exporters/producers identified
in this paragraph that were entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice. Because Commerce preliminarily
did not find critical circumstances
exists for all other producers and
exporters, Commerce will require a cash
deposit equal to the rate indicated above
12 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
company to be cross-owned with Ferbasa: Fundação
José Carvalho Foundation (Jose Carvalho
Foundation).
13 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Minasligas:
Irmazi Participações S.A. (Irmazi), Participações SZ
Ltd. (SZ), and Centrium Empreendimentos Ltda.
(Centrium).
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16:45 Sep 09, 2024
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on the date of publication of this notice
in the Federal Register.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. A timeline for the
submission of case briefs and written
comments will be notified to interested
parties at a later date. 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.14 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.15
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
14 See 19 CFR 351.309(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).
15 See 19 351.309(c)(2) and (d)(2).
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73373
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.16 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
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).17
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, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
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 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 Brazil are materially
injuring, or threaten material injury to,
the U.S. industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See APO and Service Final Rule.
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
Dated: September 3, 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 of
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. Injury Test
IV. Preliminary Affirmative Determination of
Critical Circumstances, In Part
V. Subsidies Valuation Information
VI. New Subsidy Allegations
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
Borusan Boru requested that, pursuant
to section 751(b)(1) of the Tariff Act of
International Trade Administration
1930, as amended (the Act), 19 CFR
[A–489–501, A–489–822, A–489–816, A–489– 351.216, and 19 CFR 351.221(c)(3),
Commerce conduct expedited changed
833]
circumstances reviews (CCR) to
Circular Welded Carbon Steel Standard determine that Borusan Boru is the
successor-in-interest to BMB and
Pipe and Tube Products From the
accordingly to: (1) assign it the cash
Republic of Türkiye; Welded Line Pipe
deposit rates currently applicable to
From the Republic of Türkiye; Certain
BMB pursuant to THE Standard Pipe
Oil Tubular Goods From the Republic
of Türkiye; and Large Diameter Welded AD Order and Welded Line Pipe AD
Order; and (2) continue to exclude it
Pipe From the Republic of Türkiye:
from OCTG AD Order and LDWP AD
Preliminary Results of Antidumping
Order.2 On February 26, 2024,
Duty Changed Circumstances Review
Commerce published the notice
AGENCY: Enforcement and Compliance,
initiating these CCRs to consider
International Trade Administration,
whether Borusan Boru is the successorDepartment of Commerce.
in-interest to BMB.3
SUMMARY: The U.S. Department of
On April 9, 2024, we issued a
Commerce (Commerce) preliminarily
supplemental questionnaire to Borusan
determines that Borusan Birleşik Boru
Boru, to which we received a timely
Fabrikalari Sanayi ve Ticaret A.S.
response on April 30, 2024.4 In its
(Borusan Boru) is the successor-inresponse, Borusan Boru stated that there
interest to Borusan Mannesmann Boru
were no material changes to either the
Sanayi ve Ticaret A.S. (BMB) in the
supplier or customer base of BMB as a
result of BMB’s conversion to Borusan
context of the antidumping duty orders
Boru.5 We received no comments from
on circular welded carbon steel
other interested parties concerning
standard pipe and tube products
Borusan Boru’s request.
(standard pipe), welded line pipe
(WLP), certain oil tubular goods
Scope of the Orders
(OCTG), and large diameter welded pipe
The merchandise covered by these
(LDWP) from the Republic of Türkiye
orders is standard pipe, WLP, OCTG,
(Türkiye). Interested parties are invited
and LDWP from Türkiye. For a complete
to comment on these preliminary
description of the scope of each of these
results.
orders, see the appendix to this notice.6
DATES: Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay Preliminary Results
K. Menon, AD/CVD Operations, Office
In these CCRs, pursuant to section
IX, Enforcement and Compliance,
751(b) of the Act, Commerce conducted
International Trade Administration,
a successor-in-interest analysis. In
U.S. Department of Commerce, 1401
making a successor-in-interest
Constitution Avenue NW, Washington,
determination, Commerce examines
DC 20230; telephone: (202) 482–0208.
several factors, including, but not
limited to, changes in the following: (1)
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
Background
On May 15, 1986, March 7, 1986,
December 1, 2015, September 10, 2014,
and May 2, 2019, respectively,
Commerce published in the Federal
Register antidumping duty orders on
standard pipe, WLP, OCTG, and LDWP
from Türkiye.1 On January 9, 2024,
[FR Doc. 2024–20363 Filed 9–9–24; 8:45 am]
1 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey, 51 FR 17784 (May 15, 1986) (Standard Pipe
AD Order); Welded Line Pipe from the Republic of
Korea and the Republic of Turkey: Antidumping
Duty Orders, 80 FR 75056 (December 1, 2015)
(Welded Line Pipe AD Order); Certain Oil Country
Tubular Goods from India, the Republic of Korea,
Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders;
and Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79
FR 53691, 53693 (September 10, 2014) (OCTG AD
Order); and Large Diameter Welded Pipe from the
Republic of Turkey: Amended Final Affirmative
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Antidumping Duty Determination and
Antidumping Duty Order, 84 FR 18799 (May 2,
2019) (LDWP AD Order).
2 See Borusan Boru’s Letter, ‘‘Notification of
Company Name Change and Request for Changed
Circumstances Review, If Deemed Necessary: Name
Change of Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. and Borusan Mannesmann Pipe U.S.,’’
dated January 8, 2024 (Borusan Boru’s CCR
Request).
3 See Circular Welded Carbon Steel Standard Pipe
and Tube Products from the Republic of Turkey;
Welded Line Pipe from the Republic of Turkey;
Certain Oil Tubular Goods From the Republic of
Turkey; and Large Diameter Welded Pipe from the
Republic of Turkey: Notice of Initiation of
Antidumping Duty and Countervailing Duty
Changed Circumstances Reviews, 89 FR 14052
(February 26, 2024).
4 See Borusan Boru’s Letter, ‘‘Supplemental
Questionnaire Response,’’ dated April 30, 2024
(Borusan Boru’s SQR).
5 Id.
6 See Standard Pipe AD Order, 51 FR 17784;
Welded Line Pipe AD Order, 80 FR 75056; OCTG
AD Order, 79 FR 53691, and LDWP AD Order, 84
FR 18799.
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73371-73374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20363]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-861]
Ferrosilicon From Brazil: Preliminary Affirmative Countervailing
Duty Determination, Preliminary Affirmative Critical Circumstances
Determination in Part, and Alignment of Final Determination With Final
Antidumping 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 Brazil. The period of
investigation is January 1, 2023, through December 31, 2023. Interested
parties are invited to comment on this preliminary determination.
[[Page 73372]]
DATES: Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Laurel Smalley, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-9068 or (202)
482-3456, respectively.
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\ On May 30, 2024, Commerce postponed the preliminary
determination of this investigation until August 26, 2024.\2\ On July
22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\3\ The deadline for this preliminary
determination is now September 3, 2024. For a complete description of
the events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum.\4\ 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.
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\1\ See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the
Russian Federation: Initiation of Countervailing Duty
Investigations, 89 FR 31133 (April 24, 2024) (Initiation Notice).
\2\ See Ferrosilicon from Brazil, Kazakhstan, and Malaysia:
Postponement of Preliminary Determinations in the Countervailing
Duty Investigations, 89 FR 46860 (May 30, 2024).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024. Because the
current deadline for this preliminary determination falls on a
Holiday (i.e., September 2, 2024), the deadline became the next
business day (i.e., September 3, 2024). See also Next Business Day
Rule.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Ferrosilicon from Brazil,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is ferrosilicon from
Brazil. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\6\ As noted in the
Preliminary Decision Memorandum, Commerce corrected a minor clerical
error in the language of the scope.\7\
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
\7\ See Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
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.\8\
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\8\ 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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Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that one or more respondents
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.\9\
For further information, see the ``Use of Facts Otherwise Available and
Adverse Inferences'' section in the Preliminary Decision Memorandum.
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\9\ See sections 776(a) and (b) of the Act.
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Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 703(e)(1) of the Act, Commerce
preliminarily determines that critical circumstances exist with respect
to imports of Ferrosilicon from Brazil for Companhia de Ferro Ligas da
Bahia--FERBASA (Ferbasa), Minasligas S.A. (Minasligas), and Ligas de
Aluminio S.A. (LIASA), but do not exist with respect to all-other
exporters or producers not individually examined. For a full
description of the methodology and results of Commerce's analysis, see
the Preliminary Decision Memorandum.
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of Ferrosilicon from Brazil based on a request
made by the petitioners.\10\ Consequently, the final CVD determination
will be issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than January 14, 2025, unless
postponed.
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\10\ See Petitioners' Letter, ``Petitioners' Request for
Alignment of Final Determinations with Deadline in Concurrent AD
Investigations,'' dated August 15, 2024.
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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
zero and de minimis rates and any rates based entirely under section
776 of the Act. In this investigation, Commerce calculated individual
estimated countervailable subsidy rates for Ferbasa and Minasligas that
are not zero, de minimis, or based entirely on facts otherwise
available. Therefore, Commerce calculated the all-others rate using a
weighted-average of the estimated subsidy rates calculated for the
examined respondents using each company's publicly-ranged U.S. sales
values for the merchandise under consideration.\11\
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\11\ 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.
sales values 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, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly ranged sales data were available,
Commerce based the all-others rate on the publicly ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see the All-Others Rate Calculation Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
[[Page 73373]]
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Companhia de Ferro Ligas da Bahia--FERBASA \12\......... 5.36
Minasligas S.A. \13\.................................... 4.44
Ligas de Aluminio S.A................................... * 61.73
All Others.............................................. 5.09
------------------------------------------------------------------------
* Rate is based on an adverse inference.
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.
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Ferbasa: Funda[ccedil][atilde]o Jos[eacute] Carvalho Foundation
(Jose Carvalho Foundation).
\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Minasligas: Irmazi Participa[ccedil][otilde]es S.A. (Irmazi),
Participa[ccedil][otilde]es SZ Ltd. (SZ), and Centrium
Empreendimentos Ltda. (Centrium).
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Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise produced and/or exported by Ferbasa, LIASA, and Minasligas.
In accordance with section 703(e)(2)(A) of the Act, the suspension of
liquidation shall apply to unliquidated entries of merchandise from the
exporters/producers identified in this paragraph that were entered, or
withdrawn from warehouse, for consumption on or after the date which is
90 days before the publication of this notice. Because Commerce
preliminarily did not find critical circumstances exists for all other
producers and exporters, Commerce will require a cash deposit equal to
the rate indicated above on the date of publication of this notice in
the Federal Register.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. A timeline for the submission of case briefs and
written comments will be notified to interested parties at a later
date. 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.\14\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\15\
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\14\ See 19 CFR 351.309(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).
\15\ See 19 351.309(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.\16\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ 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, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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 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 Brazil are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
[[Page 73374]]
Dated: September 3, 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 of 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. Injury Test
IV. Preliminary Affirmative Determination of Critical Circumstances,
In Part
V. Subsidies Valuation Information
VI. New Subsidy Allegations
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2024-20363 Filed 9-9-24; 8:45 am]
BILLING CODE 3510-DS-P
