Ferrosilicon From the Republic of Kazakhstan: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 73369-73371 [2024-20365]
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. 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 the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: September 4, 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. Changes From the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Revise Laxcon’s
Reported Cost
Comment 2: Whether to Revise Mega Steels
Private Limited’s Reported Costs
Comment 3: Whether to Revise Ocean
Steels Private Limited’s Reported Costs
Comment 4: Whether to Revise Metlax
International Private Limited’s Reported
Costs
Comment 5: Whether to Disallow Laxcon’s
Offset for an Affiliated Party’s
Interest Expenses
Comment 6: Whether to Revise Laxcon’s
Indirect Selling Expenses
Comment 7: Whether to Reject Aamor’s
Claimed Billing Adjustment
Comment 8: Whether to Deny Aamor’s
Request for the Addition of An Export
Tax Adjustment
VI. Recommendation
The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of ferrosilicon
from the Republic of Kazakhstan
(Kazakhstan). The period of
investigation is January 1, 2023, through
December 31, 2023. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Peter Shaw, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0697.
SUPPLEMENTARY INFORMATION:
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
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.2 On
July 22, 2024, Commerce tolled certain
deadlines in this investigation by seven
days.3 The deadline for this preliminary
determination is now September 3,
2024.4
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.5 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
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.9 For a
full description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
SUMMARY:
[FR Doc. 2024–20399 Filed 9–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[C–834–813]
Ferrosilicon From the Republic of
Kazakhstan: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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16:45 Sep 09, 2024
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73369
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 Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 Because seven days from August 26, 2024 (i.e.,
September 2, 2024) falls on a federal holiday, the
actual deadline for the preliminary determination is
September 3, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Ferrosilicon
from the Republic of Kazakhstan,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this
investigation is ferrosilicon from
Kazakhstan. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,6 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).7 As noted in the
Preliminary Decision Memorandum,
Commerce corrected a minor clerical
error in the language of the scope.8
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
Kazakhstan 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.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
6 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
7 See Initiation Notice.
8 See Preliminary Decision Memorandum.
9 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.
10 See Petitioners’ Letter, ‘‘Petitioner’s Request for
Alignment of Final Determinations with Deadline
in Concurrent AD Investigations,’’ dated August 15,
2024.
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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
preliminarily calculated total net
subsidy rates for TELF AG (TELF) and
YDD Corporation LLP (YDD) that are not
zero, de minimis, or based entirely on
the facts otherwise available. Because
we have calculated rates for both
mandatory respondents that are not
zero, de minimis, or based entirely on
the facts otherwise available, we have
preliminarily assigned an all-others rate
based on the weighted average of the
estimated subsidy rates calculated for
the mandatory respondents.
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
Preliminary Determination
Secretary for Enforcement and
Compliance no later than seven days
Commerce preliminarily determines
after the date on which the last
that the following estimated
verification report is issued in this
countervailable subsidy rates exist:
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
Subsidy rate
Company
(percent ad
submitted no later than seven days after
valorem)
the deadline date for case briefs after the
deadline date for case briefs.13 Pursuant
TELF AG ...............................
2.37
to
19 CFR 351.309(c)(2) and (d)(2),
11
TNC Kazchrome JSC
.......
2.37
YDD Corporation LLP 12 .......
14.74 parties who submit case briefs or
All Others ..............................
10.13 rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) a statement of the issue;
Suspension of Liquidation
(2) a brief summary of the argument;
In accordance with section
and (3) a table of authorities.
703(d)(1)(B) and (d)(2) of the Act,
As provided under 19 CFR
Commerce will direct U.S. Customs and 351.309(c)(2) and (d)(2), in prior
Border Protection (CBP) to suspend
proceedings we have encouraged
liquidation of entries of subject
interested parties to provide an
merchandise as described in the scope
executive summary of their brief that
of the investigation section entered, or
should be limited to five pages total,
withdrawn from warehouse, for
including footnotes. In this
consumption on or after the date of
investigation, we instead request that
publication of this notice in the Federal interested parties provide at the
Register. Further, pursuant to 19 CFR
beginning of their briefs a public,
351.205(d), Commerce will instruct CBP executive summary for each issue raised
to require a cash deposit equal to the
in their briefs.14 Further, we request that
rates indicated above.
interested parties limit their public
executive summary of each issue to no
Disclosure
more than 450 words, not including
Commerce intends to disclose its
citations. We intend to use the public
calculations and analysis performed to
interested parties in this preliminary
companies to be cross-owned with YDD: ASIA
determination within five days of its
FerroAlloys LLP; and KazSilicon Metallurgical
public announcement, or if there is no
Combine LLP.
13 See 19 CFR 351.309; see also 19 CFR 351.303
public announcement, within five days
(for general filing requirements); Administrative
of the date of this notice in accordance
Protective Order, Service, and Other Procedures in
with 19 CFR 351.224(b).
Antidumping and Countervailing Duty Proceedings,
11 This
rate applies to TNC Kazchrome JSC and
its cross-owned companies: Eurasian Energy
Corporation JSC; and Shubarkol Komir JSC.
12 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
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16:45 Sep 09, 2024
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88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
14 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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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).15
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.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will make its final determination 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 Kazakhstan
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).
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
15 See
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10SEN1
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
VerDate Sep<11>2014
16:45 Sep 09, 2024
Jkt 262001
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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]]>Agencies
[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73369-73371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20365]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-834-813]
Ferrosilicon From the Republic of Kazakhstan: Preliminary
Affirmative Countervailing Duty Determination 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 the Republic of Kazakhstan
(Kazakhstan). The period of investigation is January 1, 2023, through
December 31, 2023. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT: Peter Shaw, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0697.
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.\2\ On July 22, 2024, Commerce
tolled certain deadlines in this investigation by seven days.\3\ The
deadline for this preliminary determination is now September 3,
2024.\4\
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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 Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ Because seven days from August 26, 2024 (i.e., September 2,
2024) falls on a federal holiday, the actual deadline for the
preliminary determination is September 3, 2024.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\5\ 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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Ferrosilicon from the Republic of Kazakhstan,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation is ferrosilicon from
Kazakhstan. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\7\ As noted in the
Preliminary Decision Memorandum, Commerce corrected a minor clerical
error in the language of the scope.\8\
---------------------------------------------------------------------------
\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\7\ See Initiation Notice.
\8\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
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.\9\ For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\9\ 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.
---------------------------------------------------------------------------
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 Kazakhstan 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.
---------------------------------------------------------------------------
\10\ See Petitioners' Letter, ``Petitioner's Request for
Alignment of Final Determinations with Deadline in Concurrent AD
Investigations,'' dated August 15, 2024.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary
[[Page 73370]]
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 preliminarily calculated total net
subsidy rates for TELF AG (TELF) and YDD Corporation LLP (YDD) that are
not zero, de minimis, or based entirely on the facts otherwise
available. Because we have calculated rates for both mandatory
respondents that are not zero, de minimis, or based entirely on the
facts otherwise available, we have preliminarily assigned an all-others
rate based on the weighted average of the estimated subsidy rates
calculated for the mandatory respondents.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
TELF AG................................................. 2.37
TNC Kazchrome JSC \11\.................................. 2.37
YDD Corporation LLP \12\................................ 14.74
All Others.............................................. 10.13
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
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).
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\11\ This rate applies to TNC Kazchrome JSC and its cross-owned
companies: Eurasian Energy Corporation JSC; and Shubarkol Komir JSC.
\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
YDD: ASIA FerroAlloys LLP; and KazSilicon Metallurgical Combine LLP.
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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. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs after the deadline date for case briefs.\13\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
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\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); 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).
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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.\14\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ 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.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will make its final
determination 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 Kazakhstan 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).
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
[[Page 73371]]
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
