Certain High Chrome Cast Iron Grinding Media From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 80865-80866 [2024-22996]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Notices]
[Pages 80865-80866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22996]



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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-931]


Certain High Chrome Cast Iron Grinding Media From India: 
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 certain high chrome cast iron grinding media 
(grinding media) from India. The period of investigation is April 1, 
2023, through March 31, 2024. Interested parties are invited to comment 
on this preliminary determination.

DATES: Applicable October 4, 2024.

FOR FURTHER INFORMATION CONTACT: David Crespo or Gorden Struck, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3693 or (202) 482-8151, 
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 May 23, 
2024.\1\ On July 10, 2024, Commerce postponed the preliminary 
determination of this investigation.\2\ On July 22, 2024, Commerce 
tolled certain deadlines in this administrative proceeding by seven 
days.\3\ The deadline for the preliminary determination is now 
September 30, 2024.
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    \1\ See Certain High Chrome Cast Iron Grinding Media from India: 
Initiation of Countervailing Duty Investigation, 89 FR 45640 (May 
23, 2024) (Initiation Notice).
    \2\ See Certain High Chrome Cast Iron Grinding Media from India: 
Postponement of Preliminary Determination in the Countervailing Duty 
Investigation, 89 FR 56731 (July 10, 2024).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    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 in 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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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination of the Countervailing Duty Investigation 
of Certain High Chrome Cast Iron Grinding Media from India,'' 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 grinding media from 
India. 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\ in 
the Initiation Notice Commerce set aside a period of time for parties 
to raise issues regarding product coverage, (i.e., scope).\6\ Certain 
interested parties commented on the scope of the antidumping duty (AD) 
and countervailing duty (CVD) investigations as it appeared in the 
Initiation Notice. Commerce intends to issue its preliminary decision 
regarding the scope of the AD and CVD investigations on or before the 
preliminary determination of the companion AD investigation.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \6\ See Initiation Notice, 89 FR 45641.
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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.\7\ For a full description of the methodology underlying our 
preliminary determination, see the Preliminary Decision Memorandum.
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    \7\ 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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Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), Commerce is aligning the final CVD determination in this 
investigation with the final determination in the concurrent less than 
fair value (LTFV) investigation of grinding media from India, based on 
a request made by the petitioner.\8\ Consequently, the final CVD 
determination will be issued on the same date as the final LTFV 
determination, which is currently scheduled to be issued no later than 
February 12, 2025, unless postponed.
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    \8\ See Petitioner's Letter, ``Request to Align the Final 
Determinations,'' dated September 19, 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 preliminarily calculated an 
individual estimated countervailable subsidy rate for AIA Engineering 
Limited (AIA) and its affiliates Vega Industries (Middle East) F.Z.C 
(Vega) and Welcast Steels Ltd. (Welcast), the only individually 
examined exporter/producer in this investigation, which is not zero, de 
minimis, or based entirely on facts otherwise available. The 
countervailable subsidy rate calculated for AIA, Vega, and Welcast is 
the rate assigned to all-other producers and exporters, pursuant to 
section 705(c)(5)(A)(i) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist: \9\
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    \9\ As discussed in the Preliminary Decision Memorandum, 
Commerce preliminarily finds AIA to be cross owned with the 
following companies: (1) Vega; and (2) Welcast.

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                          Company                            (percent ad
                                                               valorem)
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AIA Engineering Limited; Vega Industries (Middle East)              3.36
 F.Z.C; Welcast Steels Ltd.................................
All Others.................................................         3.36
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to

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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.

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 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.

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 the 
case briefs, may be filed not later than five days after the date for 
filing case briefs.\10\ 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.\11\
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    \10\ 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).
    \11\ 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.\12\ 
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 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 public 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).\13\
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    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ 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. All 
submissions, including case and rebuttal briefs, as well as hearing 
requests, should be filed using ACCESS. An electronically-filed 
document must be received successfully in its entirety by ACCESS by 
5:00 p.m. Eastern Time on the established deadline.

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 grinding 
media from India 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 30, 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 chrome cast iron grinding 
media in spherical (ball) or ovoid shape, with an alloy composition 
of seven percent or more (>= 7 percent of total mass) chromium (Cr) 
content and produced through the casting method, with a nominal 
diameter of up to 127 millimeters (mm) and tolerance of plus or 
minus 10 mm. The products covered by the scope are currently 
classified under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 7325.91.0000. This HTSUS subheading is provided 
for convenience and U.S. Customs purposes only. The written 
description of the scope is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Injury Test
IV. Subsidies Valuation
V. Loan Benchmarks and Interest Rates
VI. Analysis of Programs
VII. Recommendation

[FR Doc. 2024-22996 Filed 10-3-24; 8:45 am]
BILLING CODE 3510-DS-P