Ferrosilicon From Malaysia: Amended Preliminary Determination of Sales at Less Than Fair Value and Amended Preliminary Negative Determination of Critical Circumstances, 99829-99830 [2024-29114]
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
Commerce, 1401 Constitution Ave. NW,
Room 22004, Washington, DC 20230.
Statements will be provided to PAC–
DBIA members in advance of the
meeting for consideration and may be
posted on the Council website (https://
trade.gov/pac-dbia). Any business
proprietary information should be
clearly designated as such. All
statements received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure.
Meeting transcripts: Copies of the
Council’s meeting transcript and a video
recording of the meeting will be
available within ninety (90) days of the
meeting on the Council’s website at
https://trade.gov/pac-dbia.
Giancarlo Cavallo,
Deputy Director, Office of Africa.
[FR Doc. 2024–29050 Filed 12–10–24; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–828]
Ferrosilicon From Malaysia: Amended
Preliminary Determination of Sales at
Less Than Fair Value and Amended
Preliminary Negative Determination of
Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
preliminary affirmative determination
in the less-than-fair-value (LTFV)
investigation of ferrosilicon from
Malaysia to correct significant
ministerial errors. The period of
investigation (POI) is January 1, 2023,
through December 31, 2023.
DATES: Applicable December 11, 2024.
FOR FURTHER INFORMATION CONTACT:
Jacob Waddell, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1369.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
1 See Ferrosilicon from Malaysia: 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, 89 FR 88010 (November 6, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 The petitioners are CC Metals and Alloys, LLC
and Ferroglobe USA, TNC.
3 See Petitioners’ Letter, ‘‘Ministerial Error
Allegation Pertaining to OMSA in the Preliminary
VerDate Sep<11>2014
18:17 Dec 10, 2024
Jkt 265001
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2024, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of ferrosilicon
from Malaysia.1 On November 8 and 12,
2024, the petitioners 2 timely alleged
that Commerce made significant
ministerial errors in the Preliminary
Determination with respect to
calculation of the preliminary weightedaverage dumping margins for OM
Materials Sarawak Sdn. Bhd (OMSA)
and Pertama Ferroalloys Sdn. Bhd
(Pertama),3 respectively.
Scope of the Investigation
The product covered by this
investigation is ferrosilicon from
Malaysia. For a complete description of
the scope of this investigation, see the
Preliminary Determination.
Legal Framework
Pursuant to 19 CFR 351.224(e),
Commerce will correct any significant
ministerial error by amending the
preliminary determination. A
ministerial error is defined as including
errors ‘‘in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which {Commerce} considers
ministerial.’’ 4 A ministerial error is
considered to be ‘‘significant’’ if its
correction, either singly or in
combination with other errors, would
result in: (1) a change of at least five
absolute percentage points in, but not
less than 25 percent of, the weightedaverage dumping margin calculated in
the preliminary determination; or (2) a
difference between a weighted-average
dumping margin of zero (or de minimis)
and a weighted-average dumping
margin of greater than de minimis or
vice versa.5
99829
(g) in calculating the weighted-average
dumping margins for OMSA and
Pertama. Specifically, for OMSA, we
included an incorrect currency
conversion for OMSA’s home market
costs.6 For Pertama, an error in our
aggregation of five third-country market
databases resulted in a distortion of the
results of the arm’s-length test in the
comparison market program.7
We find that these errors meet the
definition of ‘‘ministerial errors,’’ and
that the corrections of the errors for
OMSA and Pertama result in a change
that is at least five absolute percentage
points in, and not less than 25 percent
of, the margins calculated for OMSA
and Pertama in the Preliminary
Determination. As such, they constitute
significant errors within the meaning of
19 CFR 351.224(g). Accordingly,
pursuant to 19 CFR 224(e), Commerce is
amending the Preliminary
Determination to correct these
significant ministerial errors by revising
the rates for OMSA, Pertama, and all
other producers and/or exporters.8
For a complete discussion of the
alleged ministerial errors, see the
Preliminary Ministerial Error
Memorandum.
Amended Preliminary Negative
Determination of Critical
Circumstances
Because we have revised the rates
calculated for OMSA, Pertama, and all
other producers and/or exporters, we
have also amended our preliminary
analysis 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 OMSA,
Pertama, and all other companies not
individually examined. For a full
description of the results of Commerce’s
critical circumstances analysis, see the
Ministerial Error Memorandum.
Analysis of Significant Ministerial
Errors
In the Preliminary Determination,
Commerce made significant ministerial
errors within the meaning of section
735(3) of the Act and 19 CFR 35.224(f)–
Amended Preliminary Determination
Determination,’’ dated November 8, 2024
(Petitioners’ OMSA Ministerial Error Allegation);
see also ‘‘Ministerial Error Allegation Pertaining to
Pertama in the Preliminary Determination,’’ dated
November 12, 2024 (Petitioners’ Pertama
Ministerial Error Allegation).
4 See section 735(e) of the Tariff Act of 1930, as
amended (the Act); see also 19 CFR 351.224(f).
5 See 19 CFR 351.224(g).
6 See Petitioners’ OMSA Ministerial Error
Allegation; see also Commerce’s Memorandum,
‘‘Preliminary Analysis Memorandum for OM
Materials Sarawak Sdn. Bhd,’’ dated October 31,
2024.
7 See Petitioners’ Pertama Ministerial Error
Allegation; see also Commerce’s Memorandum,
‘‘Preliminary Analysis Memorandum for Pertama
Ferroalloys Sdn. Bhd,’’ dated October 31, 2024.
8 See Memorandum, ‘‘Analysis of Ministerial
Error Allegations,’’ dated concurrently with, and
hereby adopted by, this notice (Ministerial Error
Memorandum).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
As a result of correcting the
significant ministerial errors, Commerce
determines the following estimated
weighted-average dumping margins
exist:
E:\FR\FM\11DEN1.SGM
11DEN1
99830
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
Weighted-average
dumping margin
(percent)
Exporter/producer
OM Sarawak Sdn. Bhd ................................................................................................
Pertama Ferroalloys Sdn. Bhd ....................................................................................
All Others .....................................................................................................................
Disclosure
We intend to disclose the calculations
performed for this amended preliminary
determination to parties within five
days after 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.
Amended Cash Deposits and
Suspension of Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised according to the rates calculated
in this amended preliminary
determination, in accordance with
section 733(d) of the Act. Because this
amended preliminary determination
results in increased cash deposit rates,
these rates will be effective on the date
of publication of this notice in the
Federal Register. These suspension of
liquidation instructions will remain in
effect until further notice.
Notification of U.S. International Trade
Commission
In accordance with section 703(f) of
the Act, we intend to notify the U.S.
International Trade Commission of our
amended preliminary determination.
Notification to Interested Parties
This notice is issued and published
pursuant to sections 703(f) and 777(i) of
the Act and 19 CFR 351.205(c).
Dated: December 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–29114 Filed 12–10–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
lotter on DSK11XQN23PROD with NOTICES1
[A–523–810]
Polyethylene Terephthalate Resin
From the Sultanate of Oman: Final
Results of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
AGENCY:
VerDate Sep<11>2014
18:17 Dec 10, 2024
Jkt 265001
19.48
38.19
27.73
the sole producer/exporter under
administrative review, OCTAL SAOC
FZC (OCTAL), did not sell subject
merchandise at less than normal value
during the period of review (POR), May
1, 2022, through April 30, 2023.
DATES: Applicable December 11, 2024.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2769.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2024, Commerce published
the Preliminary Results in the Federal
Register.1 For a complete description of
the events that occurred since
Commerce issued the Preliminary
Results, see the Issues and Decision
Memorandum.2 Commerce conducted
this administrative review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 3
The merchandise covered the Order is
polyethylene terephthalate resin (PET
resin) from the Sultanate of Oman
(Oman). For a full description of the
scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that interested parties
filed in this administrative review are
listed in the in the appendix to this
notice and addressed in the Issues and
Decision Memorandum. The Issues and
1 See Polyethylene Terephthalate Resin from the
Sultanate of Oman: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative
Review; 2022–2023, 89 FR 48153 (June 5, 2024)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2022–
2023 Administrative Review of the Antidumping
Duty Order on Polyethylene Terephthalate Resin
From the Sultanate of Oman,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Certain Polyethylene Terephthalate Resin
from Canada, the People’s Republic of China, India,
and the Sultanate of Oman: Amended Final
Affirmative Antidumping Determination (Sultanate
of Oman) and Antidumping Duty Orders, 81 FR
27979 (May 6, 2016) (Order).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Cash deposit rate
(adjusted for subsidy offsets(s))
(percent)
18.80
37.91
27.17
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Services System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be assessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review of the record and
interested parties’ comments on the
Preliminary Results, we revised certain
language in the program that we used to
calculate OCTAL’s dumping margin to
accurately reclassify certain sales as
constructed export price sales. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Results of Review
Commerce determines that the
following estimated weighted-average
dumping margin exists for the period,
May 1, 2022, through April 30, 2023:
Producer or exporter
Weightedaverage
dumping
margin
(percent)
OCTAL SAOC FZC ....................
0.00
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
these final results of review to parties to
the proceeding within five days after the
date of any public announcement of the
final results or, if there is no public
announcement of the final results,
within five days after the date of
publication of this notice in the Federal
Register in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined the
antidumping duty assessment rate on all
appropriate entries of subject
merchandise during the POR. Because
OCTAL’s ad valorem weighted-average
dumping margin is zero, we will
instruct U.S. Customs and Border
E:\FR\FM\11DEN1.SGM
11DEN1
Agencies
[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99829-99830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29114]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-828]
Ferrosilicon From Malaysia: Amended Preliminary Determination of
Sales at Less Than Fair Value and Amended Preliminary Negative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
preliminary affirmative determination in the less-than-fair-value
(LTFV) investigation of ferrosilicon from Malaysia to correct
significant ministerial errors. The period of investigation (POI) is
January 1, 2023, through December 31, 2023.
DATES: Applicable December 11, 2024.
FOR FURTHER INFORMATION CONTACT: Jacob Waddell, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1369.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
ferrosilicon from Malaysia.\1\ On November 8 and 12, 2024, the
petitioners \2\ timely alleged that Commerce made significant
ministerial errors in the Preliminary Determination with respect to
calculation of the preliminary weighted-average dumping margins for OM
Materials Sarawak Sdn. Bhd (OMSA) and Pertama Ferroalloys Sdn. Bhd
(Pertama),\3\ respectively.
---------------------------------------------------------------------------
\1\ See Ferrosilicon from Malaysia: 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, 89 FR 88010
(November 6, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ The petitioners are CC Metals and Alloys, LLC and Ferroglobe
USA, TNC.
\3\ See Petitioners' Letter, ``Ministerial Error Allegation
Pertaining to OMSA in the Preliminary Determination,'' dated
November 8, 2024 (Petitioners' OMSA Ministerial Error Allegation);
see also ``Ministerial Error Allegation Pertaining to Pertama in the
Preliminary Determination,'' dated November 12, 2024 (Petitioners'
Pertama Ministerial Error Allegation).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is ferrosilicon from
Malaysia. For a complete description of the scope of this
investigation, see the Preliminary Determination.
Legal Framework
Pursuant to 19 CFR 351.224(e), Commerce will correct any
significant ministerial error by amending the preliminary
determination. A ministerial error is defined as including errors ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which {Commerce{time}
considers ministerial.'' \4\ A ministerial error is considered to be
``significant'' if its correction, either singly or in combination with
other errors, would result in: (1) a change of at least five absolute
percentage points in, but not less than 25 percent of, the weighted-
average dumping margin calculated in the preliminary determination; or
(2) a difference between a weighted-average dumping margin of zero (or
de minimis) and a weighted-average dumping margin of greater than de
minimis or vice versa.\5\
---------------------------------------------------------------------------
\4\ See section 735(e) of the Tariff Act of 1930, as amended
(the Act); see also 19 CFR 351.224(f).
\5\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------
Analysis of Significant Ministerial Errors
In the Preliminary Determination, Commerce made significant
ministerial errors within the meaning of section 735(3) of the Act and
19 CFR 35.224(f)-(g) in calculating the weighted-average dumping
margins for OMSA and Pertama. Specifically, for OMSA, we included an
incorrect currency conversion for OMSA's home market costs.\6\ For
Pertama, an error in our aggregation of five third-country market
databases resulted in a distortion of the results of the arm's-length
test in the comparison market program.\7\
---------------------------------------------------------------------------
\6\ See Petitioners' OMSA Ministerial Error Allegation; see also
Commerce's Memorandum, ``Preliminary Analysis Memorandum for OM
Materials Sarawak Sdn. Bhd,'' dated October 31, 2024.
\7\ See Petitioners' Pertama Ministerial Error Allegation; see
also Commerce's Memorandum, ``Preliminary Analysis Memorandum for
Pertama Ferroalloys Sdn. Bhd,'' dated October 31, 2024.
---------------------------------------------------------------------------
We find that these errors meet the definition of ``ministerial
errors,'' and that the corrections of the errors for OMSA and Pertama
result in a change that is at least five absolute percentage points in,
and not less than 25 percent of, the margins calculated for OMSA and
Pertama in the Preliminary Determination. As such, they constitute
significant errors within the meaning of 19 CFR 351.224(g).
Accordingly, pursuant to 19 CFR 224(e), Commerce is amending the
Preliminary Determination to correct these significant ministerial
errors by revising the rates for OMSA, Pertama, and all other producers
and/or exporters.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Analysis of Ministerial Error
Allegations,'' dated concurrently with, and hereby adopted by, this
notice (Ministerial Error Memorandum).
---------------------------------------------------------------------------
For a complete discussion of the alleged ministerial errors, see
the Preliminary Ministerial Error Memorandum.
Amended Preliminary Negative Determination of Critical Circumstances
Because we have revised the rates calculated for OMSA, Pertama, and
all other producers and/or exporters, we have also amended our
preliminary analysis 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 OMSA, Pertama, and
all other companies not individually examined. For a full description
of the results of Commerce's critical circumstances analysis, see the
Ministerial Error Memorandum.
Amended Preliminary Determination
As a result of correcting the significant ministerial errors,
Commerce determines the following estimated weighted-average dumping
margins exist:
[[Page 99830]]
----------------------------------------------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin Cash deposit rate (adjusted for
(percent) subsidy offsets(s)) (percent)
----------------------------------------------------------------------------------------------------------------
OM Sarawak Sdn. Bhd..................................... 19.48 18.80
Pertama Ferroalloys Sdn. Bhd............................ 38.19 37.91
All Others.............................................. 27.73 27.17
----------------------------------------------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for this amended
preliminary determination to parties within five days after 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.
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in this amended
preliminary determination, in accordance with section 733(d) of the
Act. Because this amended preliminary determination results in
increased cash deposit rates, these rates will be effective on the date
of publication of this notice in the Federal Register. These suspension
of liquidation instructions will remain in effect until further notice.
Notification of U.S. International Trade Commission
In accordance with section 703(f) of the Act, we intend to notify
the U.S. International Trade Commission of our amended preliminary
determination.
Notification to Interested Parties
This notice is issued and published pursuant to sections 703(f) and
777(i) of the Act and 19 CFR 351.205(c).
Dated: December 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-29114 Filed 12-10-24; 8:45 am]
BILLING CODE 3510-DS-P