Certain High Chrome Cast Iron Grinding Media From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 96939-96942 [2024-28694]
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Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices
and FLD.Decennial.Oversight@
census.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Census Bureau is implementing
an electronic Decennial Census
Temporary, Intermittent Applicant
Information Collection to gather
information from job seekers needed to
fill temporary, intermittent Decennial
Census Program positions, starting with
the 2026 Census Test. Questions used to
qualify and select applicants for
positions are in the job application
information section of the collection.
This section collects Social Security
number, date of birth, contact
information, citizenship status, selective
service and veteran’s preference status
and documentation, Federal
employment/annuity status, access to
transportation, hours of availability and
related job experience. The
supplemental voluntary applicant
information section includes questions
found on the Equal Employment
Opportunity Commission’s (EEOC’s)
common use form 3046–0046,
Demographic Information on Applicants
for Federal Employment, developed to
support EEOC Management Directive
(MD) 715–1. The voluntary questions
also include recruiting source and
education questions to help improve
future recruiting efforts.
This collection gathers basic
information needed for all temporary,
intermittent decennial positions,
streamlining the application process for
both the applicant and the Census
Bureau, by allowing applicants to be
considered for several positions with
one set of application data. To further
evaluate each applicant’s fit for
positions, after completing the
Decennial Census Temporary,
Intermittent Applicant Information
Collection, applicants will answer
position related assessment questions.
The Census Bureau discontinued a
similar collection for the Current
Surveys, Special Census, and Decennial
Census Programs under OMB No. 0607–
0139.
lotter on DSK11XQN23PROD with NOTICES1
II. Method of Collection
Data will be gathered electronically in
a system called, Decennial
Administrative, Recruiting, Hiring, and
Training System (DARHTS). Applicants
will visit census.gov, click on a link to
access the DARHTS, create an account
and proceed to complete the job
application information, the
supplemental voluntary applicant
information, and then the position
specific assessment questionnaires. The
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DARHTS system will create an
electronic PDF output of the job
application information questions and
the applicant respondent’s answers as a
record. If the applicant respondent
makes subsequent changes to their job
application information, the system will
create additional PDF documents for
each change submission. Each PDF
created will include the OMB clearance
number and the expiration date.
The Census Bureau is not including
for clearance an online Spanish version
of DARHTS or paper versions of the job
application information or
supplemental voluntary applicant
information for the three-year period
covered by this request. The current
collection does not require these job
application alternatives. Subsequent
renewals will include the Spanish and
paper versions, when the collection is
rolled out to Puerto Rico and remote
parts of Alaska.
III. Data
OMB Control Number: 0607–XXXX.
Form Number(s): None.
Type of Review: Regular submission,
New Information Collection Request.
Affected Public: Individuals
interested in being considered for
temporary, intermittent decennial
census jobs.
Estimated Number of Respondents:
12,000 over 3 years.
Estimated Time per Response: 20
minutes.
Estimated Total Annual Burden
Hours: 1,333 average per year, 4,000
total over 3 years.
Estimated Total Annual Cost to
Public: $0
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13, United
States Code, Section 23a and 23; EEOC
Management Directive (MD) 715–1 and
Executive Order 13548.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
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96939
public record. We will include, or
summarize, each comment in our
request to OMB to approve this ICR.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Departmental PRA Clearance Officer, Office
of the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2024–28703 Filed 12–5–24; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–930]
Certain High Chrome Cast Iron
Grinding Media From India:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain high chrome
cast iron grinding media (grinding
media) from India is being, or is likely
to be, sold in the United States at less
than fair value (LTFV). The period of
investigation (POI) is April 1, 2023,
through March 31, 2024. Interested
parties are invited to comment on this
preliminary determination.
SUMMARY:
DATES:
Applicable December 6, 2024.
FOR FURTHER INFORMATION CONTACT:
Charles DeFilippo, 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) 482–3797.
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 initiated this
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Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices
investigation on May 16, 2024.1 On July
22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.2 On
September 10, 2024, Commerce
postponed the preliminary
determination of this investigation until
November 29, 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 included in the
Preliminary Decision Memorandum is
provided in Appendix II of 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 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 the Initiation
Notice 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
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.7
Commerce is not preliminarily
modifying the scope language as it
appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
Pursuant to 19 CFR 351.309(c)(2),
interested parties may submit additional
comments on the scope of this
investigation in scope case briefs, which
may be submitted no later than 30 days
after the issuance of the Preliminary
Scope Decision Memorandum.8
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Constructed export
prices have been calculated in
accordance with section 772(b) of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying the
preliminary determination, 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 weightedaverage 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.
Commerce calculated an individual
estimated weighted-average dumping
margin for AIA Engineering Limited
(AIAEL) and its affiliates (collectively,
AIA),9 the only individually examined
exporter/producer 10 in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for AIA is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated weightedaverage dumping
margin
(percent)
Exporter/producer
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AIA Engineering Limited 12 ..............................................................................................................
All Others .........................................................................................................................................
1 See Certain High Chrome Cast Iron Grinding
Media from India: Initiation of Less-Than-FairValue Investigation, 89 FR 45630 (May 23, 2024)
(Initiation Notice).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Certain High Chrome Cast Iron Grinding
Media from India: Postponement of Preliminary
Determination in the Less-Than-FairValue
Investigation, 89 FR 73366 (September 10, 2024).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Certain High
Chrome Cast Iron Grinding Media from India,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR at 45631.
7 See Memorandum, ‘‘Antidumping Duty and
Countervailing Duty Investigations of Certain High
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Chrome Cast Iron Grinding Media from India:
Preliminary Scope Decision Memorandum,’’ dated
concurrently with this preliminary determination
(Preliminary Scope Decision Memorandum).
8 Id.
9 See Memorandum, ‘‘Preliminary Affiliation and
Collapsing Memorandum for AIA Engineering
Limited, Welcast Steel Limited, Vega Industries
(Middle East) F.Z.C, and Vega Industries Ltd.,
USA,’’ dated concurrently with this memorandum
(Collapsing Memorandum).
10 Commerce initially selected both Vega
Industries and AIAEL as the two mandatory
respondents for this investigation. See Respondent
Selection Memorandum, dated June 11, 2024.
However, AIA requested on behalf of itself and its
affiliated companies, including Vega Industries, to
submit only one set of responses to Commerce’s
investigation. Therefore, AIAEL will have the sole
calculated dumping margin in this investigation.
For more information, see Preliminary Decision
Memorandum and Collapsing Memorandum.
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7.18
7.18
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent) 11
4.30
4.30
11 Adjusted for export subsidies of 2.88 percent
(comprised of 1.63 percent for the duty drawback
program, 0.07 percent for the status holder
incentive scheme, 0.18 percent for the interest
equalization scheme, and 1.00 percent for the
remission of duties and taxes on export products)
for AIA. See Certain High Chrome Cast Iron
Grinding Media from India: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination with Final Antidumping
Duty Determination, 89 FR 80865 (October 4, 2024),
and accompanying Preliminary Decision
Memorandum.
12 Commerce preliminarily determines that
AIAEL and Welcast Steel Limited (Welcast) are a
single entity. In addition, Commerce preliminarily
determines that AIAEL is affiliated with Vega
Industries (Middle East) F.Z.C (Vega ME) and Vega
Industries Ltd., USA (Vega USA). See Preliminary
Decision Memorandum and Collapsing
Memorandum.
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Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices
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 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.
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. Should
provisional measures in the companion
CVD investigation expire prior to the
expiration of provisional measures in
this LTFV investigation, Commerce will
direct CBP to begin collecting estimated
antidumping duty cash deposits
unadjusted for countervailed export
subsidies at the time that the
provisional CVD measures expire. These
suspension of liquidation instructions
will remain in effect until further notice.
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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).
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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 the case briefs, may be
filed not later than five days after the
date for filing case briefs.13 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.14
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.15 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
intend to use the executive summaries
as the basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
13 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).
14 See 19 351.309(c)(2) and (d)(2)
15 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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96941
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).16
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 1) the party’s name,
address, and telephone number; 2) the
number of participants and whether any
participant is a foreign national; and 3)
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 15, 2024, pursuant to 19
CFR 351.210(e), AIA requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.17 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 exporter
accounts 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
16 See
APO and Service Final Rule.
AIA’s Letter, ‘‘Request to Postpone Final
Determination,’’ dated October 15, 2024.
17 See
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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.
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–177]
U.S. International Trade Commission
(ITC) Notification
In accordance with section 733(f) of
the Act, Commerce will notify the 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: November 29, 2024.
Steven Presing,
Acting Deputy Assistant Secretary for Policy
and Negotiations.
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
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List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–28694 Filed 12–5–24; 8:45 am]
BILLING CODE 3510–DS–P
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Certain Low Speed Personal
Transportation Vehicles From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination, Preliminary
Affirmative Determination of Critical
Circumstances, in Part, and Alignment
of Final Determination With Final
Antidumping Duty Determination
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 low
speed personal transportation vehicles
(LSPTVs) from the People’s Republic of
China (China). 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 December 6, 2024.
FOR FURTHER INFORMATION CONTACT: Dan
Alexander, 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) 482–4313.
SUPPLEMENTARY INFORMATION:
AGENCY:
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 countervailing
duty (CVD) investigation on July 16,
2024.1 On July 25, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.2 On September 10, 2024,
Commerce postponed the preliminary
determination until November 25,
2024.3
For a complete description of events
that followed the initiation of this
investigation, see the Preliminary
1 See Certain Low Speed Personal Transportation
Vehicles from the People’s Republic of China:
Initiation of Countervailing Duty Investigation, 89
FR 73371 (July 16, 2024) (Initiation Notice).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 25, 2024.
3 See Certain Low Speed Personal Transportation
Vehicles from the People’s Republic of China:
Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 89 FR 73371
(September 10, 2024).
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Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are LSPTVs from China.
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 less-than-fair-value
(LTFV) and CVD investigations as it
appeared in the Initiation Notice.
Commerce preliminary determined to
modify the scope of this investigation to
include one additional Harmonized
Tariff Schedule of the United States
Subheading (i.e. 8703.10.5060). See the
scope in Appendix I to this notice.
Additionally, Commerce is proposing
certain modifications to the language of
the scope of these LTFV and CVD
investigations and invite interested
parties to submit comments. For further
discussion, see the Preliminary Scope
Modification Memorandum.7
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found to be countervailable,
Commerce preliminarily determines
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Certain Low
Speed Personal Transportation Vehicles from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR at 49834.
7 See Memorandum, ‘‘Less-Than-Fair-Value and
Countervailing Duty Investigations of Certain Low
Speed Personal Transportation Vehicles from the
People’s Republic of China: Preliminary Scope
Modification Memorandum,’’ dated concurrently
with this notice (Preliminary Scope Modification
Memorandum).
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]]>Agencies
[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Notices]
[Pages 96939-96942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28694]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-930]
Certain High Chrome Cast Iron Grinding Media From India:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
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 certain high chrome cast iron grinding media (grinding
media) from India is being, or is likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is April 1, 2023, through March 31, 2024. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable December 6, 2024.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, 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) 482-3797.
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
initiated this
[[Page 96940]]
investigation on May 16, 2024.\1\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\2\
On September 10, 2024, Commerce postponed the preliminary determination
of this investigation until November 29, 2024.\3\ For a complete
description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\4\
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\1\ See Certain High Chrome Cast Iron Grinding Media from India:
Initiation of Less-Than-Fair-Value Investigation, 89 FR 45630 (May
23, 2024) (Initiation Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Certain High Chrome Cast Iron Grinding Media from India:
Postponement of Preliminary Determination in the Less-Than-FairValue
Investigation, 89 FR 73366 (September 10, 2024).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value 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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A list of topics included in the Preliminary Decision Memorandum is
provided in Appendix II of 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 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\ the
Initiation Notice 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 investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\7\
Commerce is not preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I to this
notice. Pursuant to 19 CFR 351.309(c)(2), interested parties may submit
additional comments on the scope of this investigation in scope case
briefs, which may be submitted no later than 30 days after the issuance
of the Preliminary Scope Decision Memorandum.\8\
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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 at 45631.
\7\ See Memorandum, ``Antidumping Duty and Countervailing Duty
Investigations of Certain High Chrome Cast Iron Grinding Media from
India: Preliminary Scope Decision Memorandum,'' dated concurrently
with this preliminary determination (Preliminary Scope Decision
Memorandum).
\8\ Id.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Constructed export prices have been calculated
in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, 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.
Commerce calculated an individual estimated weighted-average
dumping margin for AIA Engineering Limited (AIAEL) and its affiliates
(collectively, AIA),\9\ the only individually examined exporter/
producer \10\ in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for AIA is the margin assigned to all other producers
and exporters, pursuant to section 735(c)(5)(A) of the Act.
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\9\ See Memorandum, ``Preliminary Affiliation and Collapsing
Memorandum for AIA Engineering Limited, Welcast Steel Limited, Vega
Industries (Middle East) F.Z.C, and Vega Industries Ltd., USA,''
dated concurrently with this memorandum (Collapsing Memorandum).
\10\ Commerce initially selected both Vega Industries and AIAEL
as the two mandatory respondents for this investigation. See
Respondent Selection Memorandum, dated June 11, 2024. However, AIA
requested on behalf of itself and its affiliated companies,
including Vega Industries, to submit only one set of responses to
Commerce's investigation. Therefore, AIAEL will have the sole
calculated dumping margin in this investigation. For more
information, see Preliminary Decision Memorandum and Collapsing
Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\11\ Adjusted for export subsidies of 2.88 percent (comprised of
1.63 percent for the duty drawback program, 0.07 percent for the
status holder incentive scheme, 0.18 percent for the interest
equalization scheme, and 1.00 percent for the remission of duties
and taxes on export products) for AIA. See Certain High Chrome Cast
Iron Grinding Media from India: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination with Final Antidumping Duty Determination, 89 FR 80865
(October 4, 2024), and accompanying Preliminary Decision Memorandum.
\12\ Commerce preliminarily determines that AIAEL and Welcast
Steel Limited (Welcast) are a single entity. In addition, Commerce
preliminarily determines that AIAEL is affiliated with Vega
Industries (Middle East) F.Z.C (Vega ME) and Vega Industries Ltd.,
USA (Vega USA). See Preliminary Decision Memorandum and Collapsing
Memorandum.
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter/producer average dumping subsidy offset(s))
margin (percent) (percent) \11\
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AIA Engineering Limited \12\ 7.18 4.30
All Others.................. 7.18 4.30
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[[Page 96941]]
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. Should
provisional measures in the companion CVD investigation expire prior to
the expiration of provisional measures in this LTFV investigation,
Commerce will direct CBP to begin collecting estimated antidumping duty
cash deposits unadjusted for countervailed export subsidies at the time
that the provisional CVD measures expire. These suspension of
liquidation instructions will remain in effect until further 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. 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.\13\ 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.\14\
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\13\ 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).
\14\ 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.\15\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ 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
1) the party's name, address, and telephone number; 2) the number of
participants and whether any participant is a foreign national; and 3)
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 15, 2024, pursuant to 19 CFR 351.210(e), AIA requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\17\ 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 exporter accounts 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
[[Page 96942]]
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.
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\17\ See AIA's Letter, ``Request to Postpone Final
Determination,'' dated October 15, 2024.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the 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: November 29, 2024.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
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. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-28694 Filed 12-5-24; 8:45 am]
BILLING CODE 3510-DS-P
