Certain Tungsten Shot From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 104083-104085 [2024-30478]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices
5.0 percent, phosphorus of no more than
0.045 percent, sulfur of no more than 0.03
percent, lanthanum of less than 0.002 or
greater than 0.05 percent, and total rare earth
elements of more than 0.06 percent, with the
balance iron.
Permanent magnet iron-chromium-cobalt
alloy stainless strip is also excluded from the
scope of the Order. This ductile stainless
steel strip contains, by weight, 26 to 30
percent chromium, and 7 to 10 percent
cobalt, with the remainder of iron, in widths
228.6 mm or less, and a thickness between
0.127 and 1.270 mm. It exhibits magnetic
remanence between 9,000 and 12,000 gauss,
and a coercivity of between 50 and 300
oersteds. This product is most commonly
used in electronic sensors and is currently
available under proprietary trade names such
as ‘‘Arnokrome III.’’ 13
Certain electrical resistance alloy steel is
also excluded from the scope of the Order.
This product is defined as a non-magnetic
stainless steel manufactured to American
Society of Testing and Materials (ASTM)
specification B344 and containing, by weight,
36 percent nickel, 18 percent chromium, and
46 percent iron, and is most notable for its
resistance to high temperature corrosion. It
has a melting point of 1390 degrees Celsius
and displays a creep rupture limit of 4
kilograms per square millimeter at 1000
degrees Celsius. This steel is most commonly
used in the production of heating ribbons for
circuit breakers and industrial furnaces, and
in rheostats for railway locomotives. The
product is currently available under
proprietary trade names such as ‘‘Gilphy
36.’’ 14
Certain martensitic precipitationhardenable stainless steel is also excluded
from the scope of the Order. This highstrength, ductile stainless steel product is
designated under the Unified Numbering
System (UNS) as S45500-grade steel, and
contains, by weight, 11 to 13 percent
chromium, and 7 to 10 percent nickel.
Carbon, manganese, silicon and molybdenum
each comprise, by weight, 0.05 percent or
less, with phosphorus and sulfur each
comprising, by weight, 0.03 percent or less.
This steel has copper, niobium, and titanium
added to achieve aging, and will exhibit yield
strengths as high as 1700 Mpa and ultimate
tensile strengths as high as 1750 Mpa after
aging, with elongation percentages of 3
percent or less in 50 mm. It is generally
provided in thicknesses between 0.635 and
0.787 mm, and in widths of 25.4 mm. This
product is most commonly used in the
manufacture of television tubes and is
currently available under proprietary trade
names such as ‘‘Durphynox 17.’’ 15
Finally, three specialty stainless steels
typically used in certain industrial blades
and surgical and medical instruments are
also excluded from the scope of the Order.
These include stainless steel strip in coils
used in the production of textile cutting tools
(e.g., carpet knives).16 This steel is similar to
13 ‘‘Arnokrome III’’ ’ is a trademark of the Arnold
Engineering Company.
14 ‘‘Gilphy 36’’ ’ is a trademark of Imphy, S.A.
15 ‘‘Durphynox 17’’ ’ is a trademark of Imphy, S.A.
16 This list of uses is illustrative and provided for
descriptive purposes only.
VerDate Sep<11>2014
20:12 Dec 19, 2024
Jkt 265001
AISI grade 420 but containing, by weight, 0.5
to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0
and 1.1 percent, sulfur of 0.020 percent or
less, and includes between 0.20 and 0.30
percent copper and between 0.20 and 0.50
percent cobalt. This steel is sold under
proprietary names such as ‘‘GIN4 Mo.’’ The
second excluded stainless steel strip in coils
is similar to AISI 420–J2 and contains, by
weight, carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and 0.50
percent, manganese of between 0.45 and 0.80
percent, phosphorus of no more than 0.025
percent and sulfur of no more than 0.020
percent. This steel has a carbide density on
average of 100 carbide particles per 100
square microns. An example of this product
is ‘‘GIN5’’ steel. The third specialty steel has
a chemical composition similar to AISI 420
F, with carbon of between 0.37 and 0.43
percent, molybdenum of between 1.15 and
1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus
of no more than 0.025 percent, silicon of
between 0.20 and 0.50 percent, and sulfur of
no more than 0.020 percent. This product is
supplied with a hardness of more than Hv
500 guaranteed after customer processing,
and is supplied as, for example, ‘‘GIN6’’.17
[FR Doc. 2024–30387 Filed 12–19–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–179]
Certain Tungsten Shot From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination 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
tungsten shot (tungsten shot) from the
People’s Republic of China (China). The
period of investigation is January 1,
2023, through December 31, 2023.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable December 20, 2024.
FOR FURTHER INFORMATION CONTACT:
Samuel Evans, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2420.
AGENCY:
17 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ ’ and ‘‘GIN6’’ ’ are the
proprietary grades of Hitachi Metals America, Ltd.
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104083
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
issued in accordance with section
703(b) of the Tariff Act of 1930, as
amended (the Act). Commerce
published the notice of initiation of this
investigation on August 13, 2024.1 On
September 26, 2024, Commerce
postponed the preliminary
determination of this investigation until
December 16, 2024.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 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 product covered by this
investigation is tungsten shot 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,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
1 See Certain Tungsten Shot from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 89 FR 65852 (August 13, 2024)
(Initiation Notice).
2 See Certain Tungsten Shot from the People’s
Republic of China: Postponement of Preliminary
Determination in the Countervailing Duty
Investigation, 89 FR 78848 (September 26, 2024).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Certain
Tungsten Shot from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 89 FR at 65852.
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104084
Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6 For a
full description of the methodology
underlying our preliminary
determination, see the Preliminary
Decision Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.7 For further
information, see the Preliminary
Decision Memorandum at ‘‘Use of Facts
Otherwise Available and Adverse
Inferences.’’
ddrumheller on DSK120RN23PROD with NOTICES1
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of tungsten shot from
China based on a request made by the
petitioner.8 Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
April 28, 2025, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
Commerce calculated an individual
estimated countervailable subsidy rate
for Zhuzhou KJ Super Materials Co.,
Ltd. (KJ Super), the only individually
examined exporter/producer in this
investigation. Because the only
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
8 See Petitioner’s Letter, ‘‘Request to Align Final
Determinations,’’ dated November 20, 2024.
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20:12 Dec 19, 2024
Jkt 265001
individually calculated rate is not zero,
de minimis, or based entirely on facts
otherwise available, the estimated
weighted-average rate calculated for KJ
Super is the rate assigned to all other
producers and exporters, pursuant to
section 705(c)(5)(A)(i) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Subsidy rate
(percent ad
valorem)
Company
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
* 352.20 Secretary for Enforcement and
Compliance no later than seven days
* 352.20 after the date on which the last
verification report is issued in this
* 352.20 investigation. Rebuttal briefs, limited to
issues raised in the case briefs, may be
* 352.20
filed not later than five days after the
9
* 352.20 date for filing case briefs. Interested
parties who submit case briefs or
73.75 rebuttal briefs in this proceeding must
submit: (1) a table of contents listing
* 352.20 each issue; and (2) a table of
authorities.10
* 352.20
As provided under 19 CFR
73.75
351.309(c)(2) and (d)(2), in prior
* Rate is based on facts available with ad- proceedings we have encouraged
verse inferences.
interested parties to provide an
executive summary of their brief that
Suspension of Liquidation
should be limited to five pages total,
In accordance with sections
including footnotes. In this
703(d)(1)(B) and (d)(2) of the Act,
investigation, we instead request that
Commerce will direct U.S. Customs and interested parties provide at the
Border Protection (CBP) to suspend
beginning of their briefs a public,
liquidation of entries of subject
executive summary for each issue raised
merchandise as described in the scope
in their briefs.11 Further, we request that
of the investigation section entered, or
interested parties limit their executive
withdrawn from warehouse, for
summary of each issue to no more than
consumption on or after the date of
450 words, not including citations. We
publication of this notice in the Federal intend to use the executive summaries
Register. Further, pursuant to 19 CFR
as the basis of the comment summaries
351.205(d), Commerce will instruct CBP included in the issues and decision
to require a cash deposit equal to the
memorandum that will accompany the
rates indicated above.
final determination in this investigation.
We request that interested parties
Disclosure
include footnotes for relevant citations
Commerce intends to disclose its
in the executive summary of each issue.
calculations and analysis performed to
Note that Commerce has amended
interested parties in this preliminary
certain of its requirements pertaining to
determination within five days of its
the service of documents in 19 CFR
public announcement, or if there is no
351.303(f).12
public announcement, within five days
of the date of publication of this notice
9 See 19 CFR 351.309(d); see also Administrative
in the Federal Register, in accordance
Protective Order, Service, and Other Procedures in
with 19 CFR 351.224(b).
Antidumping and Countervailing Duty Proceedings,
Consistent with 19 CFR 351.224(e),
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
Commerce will analyze and, if
10 See 19 CFR 351.309(c)(2) and (d)(2)
appropriate, correct any timely
11 We use the term ‘‘issue’’ here to describe an
allegations of significant ministerial
argument that Commerce would normally address
errors by amending the preliminary
in a comment of the Issues and Decision
determination. However, consistent
Memorandum.
12 See APO and Service Final Rule.
with 19 CFR 351.224(d), Commerce will
Luoyang Combat Tungsten &
Molybdenum Materials
Co., Ltd .............................
Luoyang Hypersolid Metal
Tech Co., Ltd ....................
Mudanjiang North Alloy
Tools Co., Ltd ...................
Shaanxi Xinheng Rare Metal
Co., Ltd .............................
Xi’an Refractory & Precise
Metals Co., Ltd ..................
Zhuzhou KJ Super Materials
Co., Ltd .............................
Zhuzhou Oston Carbide Co.,
Ltd .....................................
Zhuzhou Tungsten Man Materials Co., Ltd ...................
All Others ..............................
PO 00000
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20DEN1
Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices
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 via ACCESS 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.
U.S. International Trade Commission
(ITC) Notification
Notification to Interested Parties
This determination is issued and
published in accordance with sections
703(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: December 16, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I
Scope of the Investigation
The merchandise covered by the
investigation is certain tungsten spheres or
balls, also known as shot, that are 92.6
percent or greater tungsten by weight, not
including the weight of any additional
coating. In scope shot have a diameter
ranging from 1.5 millimeters (mm) to 10.0
mm. Subject shot can be referred to as
‘‘Tungsten Super Shot.’’ Merchandise is
covered regardless of the combination of
compounds that comprise the non-tungsten
material and whether or not the tungsten shot
is additionally coated with another material,
including but not limited to copper, nickel,
iron, or metallic alloys. Tungsten shot subject
to the investigation may be classified under
the following Harmonized Tariff Schedule of
the United States (HTSUS) subheading:
9306.29.0000. Merchandise may also be
entered under HTSUS subheading
8101.99.8000. The HTSUS subheadings are
provided for convenience and customs
20:12 Dec 19, 2024
Jkt 265001
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Analysis of China’s Financial System
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks To Determine the
Adequacy of Remuneration
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2024–30478 Filed 12–19–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
In accordance with section 703(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
imports of tungsten shot from China are
materially injuring, or threaten material
injury to, the U.S. industry.
VerDate Sep<11>2014
purposes only. The written description of the
scope of the investigation is dispositive.
[A–570–095, C–570–096]
Aluminum Wire and Cable From the
People’s Republic of China: Final
Negative Scope Ruling With Respect to
the Kingdom of Cambodia; Final
Negative Determination of
Circumvention With Respect to the
Kingdom of Cambodia
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of aluminum wire and cable
(AWC) completed in the Kingdom of
Cambodia (Cambodia) using certain
AWC inputs manufactured in the
People’s Republic of China (China) are
not covered by the scope of the
antidumping duty (AD) and
countervailing duty (CVD) orders on
AWC from China. In addition,
Commerce determines that AWC
completed in Cambodia using certain
AWC inputs manufactured in China are
not circumventing the AD and CVD
orders on AWC from China.
DATES: Applicable December 20, 2024.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, 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) 482–3586.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 7, 2024, Commerce
published in the Federal Register its
Preliminary Determinations that imports
of AWC completed in Cambodia using
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Sfmt 4703
104085
certain AWC inputs manufactured in
China are not covered by the scope of
the AD and CVD orders on AWC from
China and that imports of AWC
completed in Cambodia using certain
AWC inputs are not circumventing
Orders.1 Pursuant to section 781(e) of
the Tariff Act of 1930, as amended (the
Act), on August 13, 2024, Commerce
notified the U.S. International Trade
Commission (ITC) of its preliminary
negative determination of
circumvention with respect to
Cambodia.2 The ITC did not request
consultations with Commerce.
Between September 20 and September
27, 2024, Commerce conducted
verification of the questionnaire
responses submitted by the Cambodian
respondents, Ruito Wire and Cable Co.,
Ltd. (Ruito Wire) and Xiantong Wire
and Cable Co., Ltd. (Xiantong Wire).3
On November 18, 2024, Ruito Wire
and Xiantong Wire each submitted a
letter in lieu of a case brief for
Commerce to consider for these final
determinations.4 In their letters, Ruito
Wire and Xiantong Wire each stated that
the facts underlying Commerce’s
negative preliminary scope and
circumvention determinations have
been verified as accurate and, as a
result, that Commerce should issue final
negative scope and circumvention
determinations with respect to
Cambodia.5 No other party submitted
comments for Commerce to consider for
these final determinations.
Scope of the Orders
The product covered by the scope of
the Orders is AWC from China. For a
full description of the scope of the
Orders, see Appendix I of this notice.
1 See Aluminum Wire and Cable from the
People’s Republic of China: Preliminary Negative
Scope Determinations with Respect to Cambodia,
Korea, and Vietnam; Preliminary Affirmative
Determinations of Circumvention with Respect to
Korea and Vietnam; Preliminary Negative
Determination of Circumvention with Respect to
Cambodia, 89 FR 64406 (August 7, 2024)
(Preliminary Determinations), and accompanying
Preliminary Decision Memorandum (PDM); see also
Aluminum Wire and Cable from the People’s
Republic of China: Antidumping and
Countervailing Duty Orders, 84 FR 70496
(December 23, 2019) (Orders).
2 See Commerce’s Letter, ‘‘Notification of
Affirmative and Negative Preliminary
Determinations of Circumvention,’’ dated August
13, 2024.
3 See Memoranda, ‘‘Verification of the Responses
Submitted by Ruito Wire and Cable Co., Ltd.,’’ and
‘‘Verification of the Responses Submitted by
Xiantong Wire and Cable Co., Ltd.,’’ both dated
November 8, 2024.
4 See Ruito Wire’s Letter, ‘‘Letter in Lieu of Case
Brief,’’ dated November 18, 2024; see also Xiantong
Wire’s Letter, ‘‘Letter in Lieu of Case Brief,’’ dated
November 18, 2024.
5 Id.
E:\FR\FM\20DEN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104083-104085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30478]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-179]
Certain Tungsten Shot From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain tungsten shot (tungsten shot) from
the People's Republic of China (China). The period of investigation is
January 1, 2023, through December 31, 2023. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable December 20, 2024.
FOR FURTHER INFORMATION CONTACT: Samuel Evans, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2420.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is issued in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on August 13,
2024.\1\ On September 26, 2024, Commerce postponed the preliminary
determination of this investigation until December 16, 2024.\2\
---------------------------------------------------------------------------
\1\ See Certain Tungsten Shot from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 89 FR 65852
(August 13, 2024) (Initiation Notice).
\2\ See Certain Tungsten Shot from the People's Republic of
China: Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 89 FR 78848 (September 26, 2024).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Certain Tungsten Shot from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is tungsten shot 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,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 89 FR at 65852.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section
[[Page 104084]]
701 of the Act. For each of the subsidy programs found countervailable,
Commerce preliminarily determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\6\ For a full
description of the methodology underlying our preliminary
determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that one or more respondents
did not act to the best of their ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\7\
For further information, see the Preliminary Decision Memorandum at
``Use of Facts Otherwise Available and Adverse Inferences.''
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of tungsten shot from China based on a request
made by the petitioner.\8\ Consequently, the final CVD determination
will be issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than April 28, 2025, unless
postponed.
---------------------------------------------------------------------------
\8\ See Petitioner's Letter, ``Request to Align Final
Determinations,'' dated November 20, 2024.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
Commerce calculated an individual estimated countervailable subsidy
rate for Zhuzhou KJ Super Materials Co., Ltd. (KJ Super), the only
individually examined exporter/producer in this investigation. Because
the only individually calculated rate is not zero, de minimis, or based
entirely on facts otherwise available, the estimated weighted-average
rate calculated for KJ Super is the rate assigned to all other
producers and exporters, pursuant to section 705(c)(5)(A)(i) of the
Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Luoyang Combat Tungsten & Molybdenum Materials Co., Ltd. * 352.20
Luoyang Hypersolid Metal Tech Co., Ltd.................. * 352.20
Mudanjiang North Alloy Tools Co., Ltd................... * 352.20
Shaanxi Xinheng Rare Metal Co., Ltd..................... * 352.20
Xi'an Refractory & Precise Metals Co., Ltd.............. * 352.20
Zhuzhou KJ Super Materials Co., Ltd..................... 73.75
Zhuzhou Oston Carbide Co., Ltd.......................... * 352.20
Zhuzhou Tungsten Man Materials Co., Ltd................. * 352.20
All Others.............................................. 73.75
------------------------------------------------------------------------
* Rate is based on facts available with adverse inferences.
Suspension of Liquidation
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, 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.\9\ 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.\10\
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\9\ 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).
\10\ See 19 CFR 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.\11\
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).\12\
---------------------------------------------------------------------------
\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule.
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[[Page 104085]]
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 via ACCESS
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.
U.S. International Trade Commission (ITC) Notification
In accordance with section 703(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 imports of tungsten shot from China 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 703(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: December 16, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the investigation is certain tungsten
spheres or balls, also known as shot, that are 92.6 percent or
greater tungsten by weight, not including the weight of any
additional coating. In scope shot have a diameter ranging from 1.5
millimeters (mm) to 10.0 mm. Subject shot can be referred to as
``Tungsten Super Shot.'' Merchandise is covered regardless of the
combination of compounds that comprise the non-tungsten material and
whether or not the tungsten shot is additionally coated with another
material, including but not limited to copper, nickel, iron, or
metallic alloys. Tungsten shot subject to the investigation may be
classified under the following Harmonized Tariff Schedule of the
United States (HTSUS) subheading: 9306.29.0000. Merchandise may also
be entered under HTSUS subheading 8101.99.8000. The HTSUS
subheadings are provided for convenience and customs purposes only.
The written description of the scope of the investigation is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Analysis of China's Financial System
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks To Determine the Adequacy of Remuneration
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2024-30478 Filed 12-19-24; 8:45 am]
BILLING CODE 3510-DS-P
