Ferrosilicon From Kazakhstan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 88007-88009 [2024-25795]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
DEPARTMENT OF COMMERCE
Dated: October 31, 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. Period of Investigation
IV. Application of Facts Available and Use of
Adverse Inferences
V. Discussion of the Methodology
VI. Currency Conversion
VII. Adjustments to Cash Deposit Rates for
Export Subsidies in the Companion
Countervailing Duty Investigation
VIII. Recommendation
[FR Doc. 2024–25794 Filed 11–5–24; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
16:22 Nov 05, 2024
Jkt 265001
International Trade Administration
[A–834–812]
Ferrosilicon From Kazakhstan:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Negative Determination of
Critical Circumstances, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that ferrosilicon from
Kazakhstan is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is January 1, 2023,
through December 31, 2023. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable November 6, 2024.
FOR FURTHER INFORMATION CONTACT:
Samantha Kinney or Mira Warrier, 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) 482–2285 or (202) 482–8031,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(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 July 22, 2024,
Commerce tolled certain deadlines in
this investigation by seven days.2 On
August 16, 2024, Commerce postponed
the preliminary determination of this
investigation until October 31, 2024.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
1 See Ferrosilicon from Brazil, Kazakhstan,
Malaysia, and the Russian Federation: Initiation of
Less-Than-Fair-Value Investigations, 89 FR 31137
(April 24, 2024) (Initiation Notice).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Ferrosilicon from Brazil, Kazakhstan, and
Malaysia: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 89 FR 66678 (August 16, 2024).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Ferrosilicon
from Kazakhstan’’ dated concurrently with, and
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
88007
included 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.
Scope of the Investigation
The product 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,5 in the
Initiation Notice Commerce 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 is correcting a
minor clerical error in the language of
the scope.7 See the revised scope in
appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. Pursuant to
sections 776(a) and (b) of the Act,
Commerce has preliminarily relied
upon partial facts available, with
adverse inferences, for YDD Corporation
LLP (YDD). For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Negative Determination of
Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances do not exist for YDD,
TNC Kazchrome JSC (Kazchrome), and
all other companies not individually
examined. For a full description of the
methodology and results of Commerce’s
hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice, 89 FR 31137.
7 See Preliminary Decision Memorandum.
E:\FR\FM\06NON1.SGM
06NON1
88008
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices
critical circumstances analysis, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that, in the
preliminary determination, Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weighted-
average dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated estimated weighted-average
dumping margins for Kazchrome and
YDD that are not zero, de minimis, or
based entirely on facts otherwise
available. Commerce calculated the all-
others rate using a weighted average of
the estimated weighted-average
dumping margins calculated for the
examined respondents using each
company’s publicly-ranged values for
the merchandise under consideration.8
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist: 9
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
YDD Corporation LLP; ASIA FerroAlloys LLP; KazSilicon Metallurgical Combine LLP .....................
TNC Kazchrome JSC ..........................................................................................................................
All Others .............................................................................................................................................
Suspension of Liquidation
khammond on DSKJM1Z7X2PROD with NOTICES
In accordance with section 733(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 appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
8 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
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,
VerDate Sep<11>2014
16:22 Nov 05, 2024
Jkt 265001
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate.
Any such adjusted cash deposit rate
may be found in the ‘‘Preliminary
Determination’’ section above.
Commerce notes there were no
countervailable export subsidies found
in the companion CVD proceeding.10
These suspension of liquidation
instructions will remain in effect until
further notice.
4.22
6.20
4.67
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent)
Not Applicable.
Not Applicable.
Not Applicable.
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
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
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.11 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.12 Interested
parties who submit case briefs or
rebuttal briefs in this proceeding must
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 Memorandum,
‘‘Preliminary Determination Margin Calculation for
the All-Others Rate,’’ dated concurrently with this
Federal Register notice.
9 Commerce preliminarily determines that YDD
Corporation LLP, ASIA FerroAlloys LLP, and
KazSilicon Metallurgical Combine LLP should be
collapsed and treated as a single entity. See
Preliminary Decision Memorandum.
10 See Memoranda, ‘‘Preliminary Determination
Margin Calculation for TNC Kazchrome J.S.C.,’’ and
‘‘Preliminary Determination Margin Calculation for
YDD Corporation LLP (YDD),’’ both dated
concurrently with this Federal Register notice.
11 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
12 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).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
E:\FR\FM\06NON1.SGM
06NON1
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices
submit: (1) a table of contents listing
each issue; and (2) a table of
authorities.13
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 briefs 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 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 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).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 and 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.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
khammond on DSKJM1Z7X2PROD with NOTICES
13 See
19 CFR 351.309(c)(2) and (d)(2).
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.
VerDate Sep<11>2014
16:22 Nov 05, 2024
Jkt 265001
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On October 23, 2024, pursuant to 19
CFR 351.210(e), Kazchrome, YDD, and
the petitioners requested that Commerce
postpone the final determination and
that provisional measures be extended
to a period not to exceed six months.16
In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary
determination is affirmative; (2) the
requesting exporters account for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary 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
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
16 See Kazchrome’s Letter, ‘‘Request to Postpone
Final Antidumping Duty Determination,’’ dated
October 23, 2024; YDD’s Letter, ‘‘Request to Request
to Extend Final Determination,’’ dated October 23,
2024; and Petitioners’ Letter, ‘‘Petitioner’s Request
to Postpone the Final Antidumping Duty
Determinations,’’ dated October 23, 2024.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
88009
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: October 31, 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. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Application of Facts Available and Use of
Adverse Inferences
VI. Discussion of the Methodology
VII. Preliminary Negative Determination of
Critical Circumstances
VIII. Currency Conversion
IX. Adjustments to Cash Deposit Rates for
Export Subsidies in the Companion
Countervailing Duty Investigation
X. Recommendation
[FR Doc. 2024–25795 Filed 11–5–24; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\06NON1.SGM
06NON1
]]>Agencies
[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Notices]
[Pages 88007-88009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25795]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-834-812]
Ferrosilicon From Kazakhstan: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that ferrosilicon from Kazakhstan is being, or is likely to
be, sold in the United States at less than fair value (LTFV). The
period of investigation (POI) is January 1, 2023, through December 31,
2023. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable November 6, 2024.
FOR FURTHER INFORMATION CONTACT: Samantha Kinney or Mira Warrier, 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) 482-2285 or (202)
482-8031, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 July 22, 2024, Commerce tolled certain deadlines in this
investigation by seven days.\2\ On August 16, 2024, Commerce postponed
the preliminary determination of this investigation until October 31,
2024.\3\
---------------------------------------------------------------------------
\1\ See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the
Russian Federation: Initiation of Less-Than-Fair-Value
Investigations, 89 FR 31137 (April 24, 2024) (Initiation Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Ferrosilicon from Brazil, Kazakhstan, and Malaysia:
Postponement of Preliminary Determinations of Antidumping Duty
Investigations, 89 FR 66678 (August 16, 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 included 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Ferrosilicon from Kazakhstan'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product 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,\5\ in
the Initiation Notice Commerce 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 is correcting a minor
clerical error in the language of the scope.\7\ See the revised scope
in appendix I to this notice.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice, 89 FR 31137.
\7\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. Pursuant to sections 776(a)
and (b) of the Act, Commerce has preliminarily relied upon partial
facts available, with adverse inferences, for YDD Corporation LLP
(YDD). For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances do not exist
for YDD, TNC Kazchrome JSC (Kazchrome), and all other companies not
individually examined. For a full description of the methodology and
results of Commerce's
[[Page 88008]]
critical circumstances analysis, see the Preliminary Decision
Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in
the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Kazchrome and YDD that are not zero, de
minimis, or based entirely on facts otherwise available. Commerce
calculated the all-others rate using a weighted average of the
estimated weighted-average dumping margins calculated for the examined
respondents using each company's publicly-ranged values for the
merchandise under consideration.\8\
---------------------------------------------------------------------------
\8\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins 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 Memorandum, ``Preliminary Determination Margin Calculation for
the All-Others Rate,'' dated concurrently with this Federal Register
notice.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist: \9\
---------------------------------------------------------------------------
\9\ Commerce preliminarily determines that YDD Corporation LLP,
ASIA FerroAlloys LLP, and KazSilicon Metallurgical Combine LLP
should be collapsed and treated as a single entity. See Preliminary
Decision Memorandum.
----------------------------------------------------------------------------------------------------------------
Estimated weighted-
Exporter/producer average dumping Cash deposit rate (adjusted for subsidy
margin (percent) offset(s)) (percent)
----------------------------------------------------------------------------------------------------------------
YDD Corporation LLP; ASIA FerroAlloys LLP; 4.22 Not Applicable.
KazSilicon Metallurgical Combine LLP.
TNC Kazchrome JSC............................. 6.20 Not Applicable.
All Others.................................... 4.67 Not Applicable.
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(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 appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. Any such adjusted cash deposit rate may be
found in the ``Preliminary Determination'' section above. Commerce
notes there were no countervailable export subsidies found in the
companion CVD proceeding.\10\ These suspension of liquidation
instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\10\ See Memoranda, ``Preliminary Determination Margin
Calculation for TNC Kazchrome J.S.C.,'' and ``Preliminary
Determination Margin Calculation for YDD Corporation LLP (YDD),''
both dated concurrently with this Federal Register notice.
---------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication 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.\11\ 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.\12\ Interested parties who submit case briefs
or rebuttal briefs in this proceeding must
[[Page 88009]]
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.\13\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\12\ 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).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 briefs 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 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 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).\15\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 and 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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On October 23, 2024, pursuant to 19 CFR 351.210(e), Kazchrome, YDD,
and the petitioners requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\16\ In accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary
determination is affirmative; (2) the requesting exporters account for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
---------------------------------------------------------------------------
\16\ See Kazchrome's Letter, ``Request to Postpone Final
Antidumping Duty Determination,'' dated October 23, 2024; YDD's
Letter, ``Request to Request to Extend Final Determination,'' dated
October 23, 2024; and Petitioners' Letter, ``Petitioner's Request to
Postpone the Final Antidumping Duty Determinations,'' dated October
23, 2024.
---------------------------------------------------------------------------
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
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 these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: October 31, 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. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Application of Facts Available and Use of Adverse Inferences
VI. Discussion of the Methodology
VII. Preliminary Negative Determination of Critical Circumstances
VIII. Currency Conversion
IX. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
X. Recommendation
[FR Doc. 2024-25795 Filed 11-5-24; 8:45 am]
BILLING CODE 3510-DS-P
