Silicomanganese From India: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 106430-106432 [2024-30929]
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106430
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices
Risen is able to account for, or to
remove at least the portion of the EBCP
rate attributable to the customers
demonstrating non-use from the
calculation of Risen’s overall subsidy
rate.3
In its final Remand Redetermination,4
issued in November 2024, Commerce
found that pro-rating Risen’s subsidy
rate to account for the number of nonuse certifications provided by its U.S.
customers is inconsistent with
Commerce’s practice and the AFA
hierarchy. Commerce removed the 5.46
percent EBCP AFA rate from Risen’s
total countervailable subsidy rate.5 The
CIT sustained Commerce’s Remand
Redetermination.6
Timken Notice
In its decision in Timken,7 as clarified
by Diamond Sawblades,8 the Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e)
of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
December 18, 2024, judgment
constitutes a final decision of the CIT
that is not in harmony with Commerce’s
Final Results/Amended Final Results.
Thus, this notice is published in
fulfillment of the publication
requirements of Timken.
ddrumheller on DSK120RN23PROD with NOTICES1
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results and Amended Final
Results with respect to producer and/or
exporter Risen’s countervailable subsidy
rate for the period of January 1, 2020,
through December 31, 2020, as follows:
3 See Risen Energy, Co., Ltd., v. United States, 724
F.Supp.3d 1356 (CIT 2024).
4 See Final Results of Redetermination Pursuant
to Court Remand, Risen Energy Co., Ltd., v. United
States Court No. 23–00153, Slip Op. 2–94 (CIT
August 16, 2024), dated November 13, 2024
(Remand Redetermination), available at https://
access.trade.gov/public/
FinalRemandRedetermination.aspx.
5 Id.
6 See Risen Energy Co., Ltd., v. United States, Slip
Op. 24–144 (CIT 2024).
7 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
8 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
9 This rate applies Risen Energy Co., Ltd. and its
cross-owned companies: Risen Energy (Luoyang)
Co., Ltd.; Risen Energy (Wuhai) Co., Ltd.; Risen
Energy (Changzhou) Co., Ltd.; Risen Energy
(Ningbo) Co., Ltd.; Risen Energy (Yiwu) Co., Ltd.;
Zhejiang Boxin Investment Co., Ltd.; Zhejiang
Twinsel Electronic Technology Co., Ltd.; Jiangsu
Sveck New Material Co., Ltd.; Changzhou Sveck
VerDate Sep<11>2014
23:58 Dec 27, 2024
Jkt 265001
Subsidy
rate
(percent
ad valorem)
Producer/
exporter
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–823]
Risen Energy Co., Ltd.9 ...........
13.49
Cash Deposit Requirements
Because Risen does not have a
superseding cash deposit rate,
Commerce will issue revised cash
deposit instructions to U.S. Customs
and Border Protection (CBP).
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by the CIT order from
liquidating entries that: were produced
and/or exported by Risen, and were
entered, or withdrawn from warehouse,
for consumption during the period
January 1, 2020 through December 31,
2020. These entries will remain
enjoined pursuant to the terms of the
injunction during the pendency of any
appeals process.
In the event the CIT’s ruling is not
appealed, or, if appealed, upheld by a
final and conclusive court decision,
Commerce intends to instruct CBP to
assess countervailing duties on
unliquidated entries of subject
merchandise produced and/or exported
by Risen in accordance with 19 CFR
351.212(b). We will instruct CBP to
assess countervailing duties on all
appropriate entries covered by this
review when the ad valorem rate is not
zero or de minimis. Where an ad
valorem subsidy rate is zero or de
minimis,10 we will instruct CBP to
liquidate the appropriate entries
without regard to countervailing duties.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: December 20, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–31190 Filed 12–27–24; 8:45 am]
Silicomanganese From India: Final
Results and Partial Rescission of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
Maithan Alloys Limited (MAL) made
sales of subject merchandise at less than
normal value during the period of
review (POR) May 1, 2022, through
April 30, 2023. Additionally, we are
rescinding the review with respect to
Rajadhiraj Tirupani Vinayak Natraj Pvt.
Ltd. (RTVN), because we find that it had
no shipments of subject merchandise
during the POR.
DATES: Applicable December 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Sarah Keith, 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) 482–0264.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 11, 2024, Commerce
published the preliminary results of the
2022–2023 administrative review of the
antidumping duty order on
silicomanganese from India.1 We
invited interested parties to comment on
the Preliminary Results.2 No interested
parties submitted comments; thus, no
decision memoranda accompany this
notice. The Preliminary Results are
hereby adopted as the final results of
this review. Commerce conducted this
review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). On October 16,
2024, in accordance with section
751(a)(3)(A) of the Act, Commerce
extended the deadline for the final
results of this review by 60 days, until
December 16, 2024.3 On December 9,
BILLING CODE 3510–DS–P
Photovoltaic New Material Co., Ltd. (including
Changzhou Sveck Photovoltaic New Material Co.,
Ltd. Jintan Danfeng Road Branch); Changzhou
Sveck New Material Technology Co., Ltd.; Ninghai
Risen Energy Power Development Co., Ltd.; Risen
(Ningbo) Electric Power Development Co., Ltd.;
Changzhou Jintan Ningsheng Electricity Power Co.,
Ltd.; and Risen (Changzhou) Import and Export Co.,
Ltd.
10 See 19 CFR 351.106(c)(2).
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1 See Silicomanganese from India: Preliminary
Results, Preliminary Results of Antidumping Duty
Administrative Review and Intent to Rescind, in
Part; 2022–2023, 89 FR 49152 (June 11, 2024)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Preliminary Results, 89 FR at 49153.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing [sic] Duty
Administrative Review,’’ dated October 16, 2024.
The memorandum title should read, ‘‘Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review.’’
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices
weighted-average dumping margin is
not zero or de minimis (i.e., less than
0.50 percent), upon completion of the
final results, Commerce intends to
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for each
importer’s examined sales to the total
5
Scope of the Order
entered value of those sales. Where we
The merchandise covered by the
do not have entered values for all U.S.
scope of the Order is silicomanganese
sales to a particular importer, we will
from India. A full description of the
calculate an importer-specific, per-unit
scope of the Order is provided in the
assessment rate on the basis of the ratio
Preliminary Results.6
of the total amount of dumping
calculated for the importer’s examined
Recission of Administrative Review, in
sales to the total quantity of those sales.8
Part
To determine whether an importerIn the Preliminary Results, we stated
specific, per-unit assessment rate is de
that we intended to rescind this review
minimis, in accordance with 19 CFR
with respect to RTVN, which we
351.106(c)(2), we also will calculate an
preliminarily found had no shipments
importer-specific ad valorem ratio based
of subject merchandise during the POR, on estimated entered values. Where the
pursuant to 19 CFR 351.213(d)(3).7 No
weighted-average dumping margin is
party filed comments with respect to
zero or de minimis, or an importerour preliminary finding and intent to
specific ad valorem assessment rate is
rescind the review. Therefore, we are
zero or de minimis, we will instruct CBP
rescinding the administrative review
to liquidate appropriate entries without
with respect to RTVN.
regard to antidumping duties.9
For entries of subject merchandise
Final Results of the Review
during the POR produced by MAL for
We determine the following estimated which it did not know that the
weighted-average dumping margin for
merchandise it sold to the intermediary
the period May 1, 2022, through April
(e.g., reseller, trading company, or
30, 2023.
exporter) was destined for the United
States, we will instruct CBP to liquidate
Weightsuch entries at the all-others rate if there
average
is no rate for the intermediate
Exporter/producer
dumping
margin
company(ies) involved in the
(percent)
transaction.10
For the company for which we are
Maithan Alloys Limited ...............
1.71
rescinding this review, we will instruct
CBP to assess antidumping duties on all
Disclosure
appropriate entries at a rate equal to the
Because Commerce received no
cash deposit of estimated antidumping
comments on the Preliminary Results,
duties required at the time of entry, or
we have not modified our analysis.
withdrawal from warehouse, in
Consequently, there are no calculations
accordance with 19 CFR 351.212(c)(l)(i).
to disclose in accordance with 19 CFR
Commerce intends to issue these
351.224(b) for these final results.
rescission instructions to CBP no earlier
than 35 days after the publication of this
Assessment Rates
notice in the Federal Register.
Pursuant to section 751(a)(2)(C) of the
Commerce intends to issue
Act and 19 CFR 351.212(b)(1),
assessment instructions to CBP no
Commerce will determine, and U.S.
earlier than 35 days after the date of
Customs and Border Protection (CBP)
publication of these final results in the
shall assess, antidumping duties on all
Federal Register. If a timely summons is
appropriate entries of subject
filed at the U.S. Court of International
merchandise in accordance with the
Trade, the assessment instructions will
final results of this review. If the
direct CBP not to liquidate relevant
ddrumheller on DSK120RN23PROD with NOTICES1
2024, Commerce tolled the deadlines to
issue the preliminary or final results in
all ongoing administrative reviews by 90
days.4 Accordingly, the deadline for
Commerce to issue the final results in
this administrative review is now March
17, 2025.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated December 9, 2024.
5 See Notice of Amended Final Determination of
Sales at Less than Fair Value and Antidumping
Duty Orders: Silicomanganese from India,
Kazakhstan, and Venezuela, 67 FR 36149 (May 23,
2002) (Order).
6 See Preliminary Results PDM at 2.
7 Id at 3.
VerDate Sep<11>2014
23:58 Dec 27, 2024
Jkt 265001
8 See
19 CFR 351.212(b)(1).
19 CFR 352.106(c)(2); see also Antidumping
Proceeding: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain
Antidumping Proceedings; Final Modification, 77
FR 8101, 8103 (February 14, 2012).
10 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
9 See
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106431
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
under review will equal to the dumping
margin established in the final results of
this review for each respondent (except,
if that rate is de minimis, then the cash
deposit rate will be zero); (2) for
producers or exporters not covered in
this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which they were
reviewed; (3) if the exporter is not a firm
covered in this review or a prior
segment of the proceeding but the
producer is, then the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 17.74 percent, the
all-others rate established in the lessthan-fair-value investigation.11 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
11 See
E:\FR\FM\30DEN1.SGM
Order.
30DEN1
106432
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
the final results of this review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: December 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–30929 Filed 12–27–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film,
Sheet, and Strip From India: Final
Results of Countervailing Duty
Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain producers and exporters of
polyethylene terephthalate film, sheet,
and strip (PET film) from India received
countervailable subsidies during the
period of review (POR) January 1, 2022,
through December 31, 2022.
DATES: Applicable December 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Stefan Smith, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4342.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On August 12, 2024, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register and invited comments
from interested parties.1 On December
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from India: Preliminary Results of
Countervailing Duty Administrative Review and
Rescission of Review, in Part; 2022, 89 FR 65591
VerDate Sep<11>2014
23:58 Dec 27, 2024
Jkt 265001
2, 2024, we extended the deadline for
the final results of this review to no later
than January 15, 2025.2 Additionally, on
December 9, 2024, Commerce tolled the
deadline to issue the final results in this
administrative review by 90 days.3
Accordingly, the deadline for the final
results is now April 15, 2025.
For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.4 Commerce
conducted this review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act).
Scope of the Order 5
The merchandise covered by the
Order is PET film from India. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case brief
submitted by interested parties in this
review are addressed in the Issues and
Decision Memorandum. The topics
discussed and the issues raised by
parties to which we responded in the
Issues and Decision Memorandum are
listed in the appendix to this notice.
The Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of comments
received from interested parties, we
made changes to the net countervailable
subsidy rates for Jindal Poly Films
Limited (Jindal). For a discussion of
these changes, see the Issues and
Decision Memorandum.
(August 12, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review,’’ dated December 2, 2024.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated December 9, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Polyethylene Terephthalate Film, Sheet, and Strip
from India; 2022,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
5 See Countervailing Duty Order; Polyethylene
Terephthalate Film, Sheet, and Strip (PET Film)
from India, 67 FR 44179 (July 1, 2002) (Order).
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Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Act. For
each of the subsidy programs found to
be countervailable, we find that there is
a subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.6 In making this final
determination, Commerce relied, in
part, on facts otherwise available,
including with an adverse inference,
pursuant to sections 776(a) and (b) of
the Act. For a complete description of
the methodology underlying all of
Commerce’s conclusions, see the Issues
and Decision Memorandum.
Final Results of the Administrative
Review
Commerce determines that the
following net countervailable subsidy
rates exist for the period January 1,
2022, through December 31, 2022:
Producer/exporter
Jindal Poly Films Limited ......
Garware Hi-Tech Films Limited ....................................
Subsidy rate
(percent ad
valorem)
* 122.75
4.96
* Rate is based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with these
final results within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final results in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, we did not make any changes
from the preliminary subsidy rates
calculated for Garware Hi-Tech Films
Limited (Garware); therefore, we will
not disclose any calculation documents
for Garware for these final results of
review.
Assessment
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after publication of the final results
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.
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106430-106432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30929]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-823]
Silicomanganese From India: Final Results and Partial Rescission
of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that Maithan
Alloys Limited (MAL) made sales of subject merchandise at less than
normal value during the period of review (POR) May 1, 2022, through
April 30, 2023. Additionally, we are rescinding the review with respect
to Rajadhiraj Tirupani Vinayak Natraj Pvt. Ltd. (RTVN), because we find
that it had no shipments of subject merchandise during the POR.
DATES: Applicable December 30, 2024.
FOR FURTHER INFORMATION CONTACT: Sarah Keith, 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) 482-0264.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2024, Commerce published the preliminary results of the
2022-2023 administrative review of the antidumping duty order on
silicomanganese from India.\1\ We invited interested parties to comment
on the Preliminary Results.\2\ No interested parties submitted
comments; thus, no decision memoranda accompany this notice. The
Preliminary Results are hereby adopted as the final results of this
review. Commerce conducted this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). On October 16,
2024, in accordance with section 751(a)(3)(A) of the Act, Commerce
extended the deadline for the final results of this review by 60 days,
until December 16, 2024.\3\ On December 9,
[[Page 106431]]
2024, Commerce tolled the deadlines to issue the preliminary or final
results in all ongoing administrative reviews by 90 days.\4\
Accordingly, the deadline for Commerce to issue the final results in
this administrative review is now March 17, 2025.
---------------------------------------------------------------------------
\1\ See Silicomanganese from India: Preliminary Results,
Preliminary Results of Antidumping Duty Administrative Review and
Intent to Rescind, in Part; 2022-2023, 89 FR 49152 (June 11, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Preliminary Results, 89 FR at 49153.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing [sic] Duty Administrative Review,'' dated October 16,
2024. The memorandum title should read, ``Extension of Deadline for
Final Results of Antidumping Duty Administrative Review.''
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Notice of Amended Final Determination of Sales at Less
than Fair Value and Antidumping Duty Orders: Silicomanganese from
India, Kazakhstan, and Venezuela, 67 FR 36149 (May 23, 2002)
(Order).
---------------------------------------------------------------------------
The merchandise covered by the scope of the Order is
silicomanganese from India. A full description of the scope of the
Order is provided in the Preliminary Results.\6\
---------------------------------------------------------------------------
\6\ See Preliminary Results PDM at 2.
---------------------------------------------------------------------------
Recission of Administrative Review, in Part
In the Preliminary Results, we stated that we intended to rescind
this review with respect to RTVN, which we preliminarily found had no
shipments of subject merchandise during the POR, pursuant to 19 CFR
351.213(d)(3).\7\ No party filed comments with respect to our
preliminary finding and intent to rescind the review. Therefore, we are
rescinding the administrative review with respect to RTVN.
---------------------------------------------------------------------------
\7\ Id at 3.
---------------------------------------------------------------------------
Final Results of the Review
We determine the following estimated weighted-average dumping
margin for the period May 1, 2022, through April 30, 2023.
------------------------------------------------------------------------
Weight-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Maithan Alloys Limited...................................... 1.71
------------------------------------------------------------------------
Disclosure
Because Commerce received no comments on the Preliminary Results,
we have not modified our analysis. Consequently, there are no
calculations to disclose in accordance with 19 CFR 351.224(b) for these
final results.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. If the weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent), upon completion of the final
results, Commerce intends to calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\8\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. Where the weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem assessment rate is zero or de minimis, we will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(b)(1).
\9\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by MAL
for which it did not know that the merchandise it sold to the
intermediary (e.g., reseller, trading company, or exporter) was
destined for the United States, we will instruct CBP to liquidate such
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\10\
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\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the company for which we are rescinding this review, we will
instruct CBP to assess antidumping duties on all appropriate entries at
a rate equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue
these rescission instructions to CBP no earlier than 35 days after the
publication of this notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results in
the Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
under review will equal to the dumping margin established in the final
results of this review for each respondent (except, if that rate is de
minimis, then the cash deposit rate will be zero); (2) for producers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review or a prior segment of the proceeding but
the producer is, then the cash deposit rate will be the rate
established for the most recently completed segment of this proceeding
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 17.74 percent, the
all-others rate established in the less-than-fair-value
investigation.\11\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information
[[Page 106432]]
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing the final results of this review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-30929 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P
