Sol Gel Alumina-Based Ceramic Abrasive Grains From the People's Republic of China: Initiation of Countervailing Duty Investigation, 3175-3179 [2025-00545]
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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices
Respondent Selection
Commerce intends to base respondent
selection on U.S. Customs and Border
and Protection (CBP) data. Commerce
intends to place CBP data on each
record within five days of the
publication of the initiation notice.
Comments regarding the CBP data and
respondent selection should be
submitted within seven days after
placement of the CBP data on the record
of the relevant inquiry.
Commerce intends to establish a
schedule for questionnaire responses
after respondent selection. A company’s
failure to completely respond to
Commerce’s requests for information
may result in the application of partial
or total facts available, pursuant to
section 776(a) of the Act, which may
include adverse inferences, pursuant to
section 776(b) of the Act.
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Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1),
Commerce will notify U.S. Customs and
Border Protection (CBP) of the initiation
of this circumvention inquiry and direct
CBP to continue the suspension of
liquidation of entries of products subject
to the circumvention inquiry that were
already subject to the suspension of
liquidation under the Orders and to
apply the cash deposit rate that would
be applicable if the product was
determined to be covered by the scope
of the Orders. Should Commerce issue
preliminary or final circumvention
determinations, Commerce will follow
the suspension of liquidation rules
under 19 CFR 351.226(l)(2)–(4).
Notification to Interested Parties
In accordance with 19 CFR 351.226(d)
and section 781(a) of the Act, Commerce
determines that the requesters’ requests
for this circumvention inquiry satisfies
the requirements of 19 CFR 351.226(c).
Accordingly, Commerce is notifying all
interested parties of the initiation of this
circumvention inquiry to determine
whether certain imports of low-carbon
steel wire produced in Mexico and
further processed and completed in the
United States into wire mesh from
Mexico, are circumventing the Orders.
In addition, we have included a
description of the products that are the
subject of this inquiry, and an
explanation of the reasons for
Commerce’s decision to initiate this
inquiry as provided above and in the
accompanying Circumvention Initiation
Checklist.13 In accordance with 19 CFR
351.226(e)(2), Commerce intends to
issue its preliminary circumvention
determination within 150 days from the
13 See
Circumvention Initiation Checklist.
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date of publication of the notice of
initiation of a circumvention inquiry in
the Federal Register.
This notice is published in
accordance with section 781(a) of the
Act and 19 CFR 351.226(d)(1)(ii).
Dated: January 6, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy
and Negotiations.
[FR Doc. 2025–00581 Filed 1–13–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–191]
Sol Gel Alumina-Based Ceramic
Abrasive Grains From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 6, 2025.
FOR FURTHER INFORMATION CONTACT:
Suresh Maniam, Office I, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1603.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On November 25, 2024, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of sol gel
alumina-based ceramic abrasive grains
(ceramic abrasive grains) from the
People’s Republic of China (China) filed
in proper form on behalf of SaintGobain Ceramics & Plastics, Inc. (the
petitioner), a U.S. producer of ceramic
abrasive grains.1 The CVD Petition was
accompanied by an antidumping duty
(AD) petition concerning imports of
ceramic abrasive grains from China.2
Between November 27, 2024, and
December 17, 2024, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition in supplemental
questionnaires.3 Between December 4
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated November 25, 2024 (Petition).
2 Id.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated November 27, 2024 (General
Issues Questionnaire); ‘‘Supplemental Questions,’’
dated November 27, 2024; and ‘‘Supplemental
Questions,’’ dated December 17, 2024; see also
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3175
and 23, 2024, the petitioner filed timely
responses to these requests for
additional information.4
On December 6, 2024, Commerce
extended the initiation deadline by 20
days to poll the domestic industry in
accordance with sections 702(c)(1)(B)
and 702(c)(4)(D) of the Tariff Act of
1930, as amended (the Act), because the
Petition ‘‘{had} not established that the
domestic producers or workers
accounting for more than 50 percent of
total production support the
{Petition}. . . .’’ 5
In accordance with section 702(b)(1)
of the Act, the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of
ceramic abrasive grains in China, and
that such imports are materially
injuring, or threatening material injury
to, the domestic industry producing
ceramic abrasive grains in the United
States. Consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating a CVD investigation, the
Petition was accompanied by
information reasonably available to the
petitioner supporting its allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigation.6
Period of Investigation
Because the Petition was filed on
November 25, 2024, the period of
investigation for the CVD investigation
is January 1, 2023, through December
31, 2023.7
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated December 6, 2024 (December 6,
2024, Memorandum).
4 See Petitioner’s Letters, ‘‘Antidumping and
Countervailing Supplemental Questionnaire
Response,’’ dated December 4, 2024 (General Issues
Supplement); ‘‘Countervailing Supplemental
Questionnaire Response,’’ dated December 4, 2024;
‘‘Antidumping and Countervailing General Issues
Supplement Response,’’ dated December 9, 2024
(Scope Supplement); and ‘‘Antidumping and
Countervailing Supplemental Questionnaire
Response,’’ dated December 23, 2024.
5 See Notice of Extension of the Deadline for
Determining the Adequacy of the Antidumping and
Countervailing Duty Petitions: Sol Gel AluminaBased Ceramic Abrasive Grains from the People’s
Republic of China, 89 FR 100465 (December 12,
2024) (Initiation Extension Notice).
6 See section on ‘‘Determination of Industry
Support for the Petition,’’ infra.
7 See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The products covered by this
investigation are ceramic abrasive grains
from China. For a full description of the
scope of this investigation, see the
appendix to this notice.
Comments on the Scope of the
Investigation
On November 27, 2024 and December
6, 2024, Commerce requested
information and clarification from the
petitioner regarding the proposed scope
to ensure that the scope language in the
Petition is an accurate reflection of the
products for which the domestic
industry is seeking relief.8 On December
4 and 9, 2024, the petitioner provided
clarifications and revised the scope.9
The description of merchandise covered
by this investigation, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).10 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information, all such
factual information should be limited to
public information.11 To facilitate
preparation of its questionnaire,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on January 27, 2025,
which is the next business day after 20
calendar days from the signature date of
this notice.12 Any rebuttal comments,
which may include factual information,
must be filed by 5:00 p.m. ET on
February 6, 2025, which is 10 calendar
days from the initial comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the investigation
be submitted during that time period.
However, if a party subsequently finds
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8 See
General Issues Questionnaire; see also
December 6, 2024, Memorandum.
9 See General Issues Supplement at 1–3; see also
Scope Supplement at 4–5.
10 See Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
12 See 19 CFR 351.303(b)(1). The deadline for
scope comments falls on January 26, 2025, which
is a Sunday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept comments
filed by 5:00 p.m. ET on January 27, 2025 (‘‘For
both electronically filed and manually filed
documents, if the applicable due date falls on a
non-business day, the Secretary will accept
documents that are filed on the next business
day.’’).
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that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
must contact Commerce and request
permission to submit the additional
information. All scope comments must
be filed simultaneously on the records
of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.13 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC of the receipt of the Petition
and provided an opportunity for
consultations with respect to the
Petition.14 The GOC did not request
consultations.15
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC apply the same
statutory definition regarding the
domestic like product,16 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.17
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation.18 Based on our analysis of
the information submitted on the
record, we have determined that
16 See
13 See
Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
14 See Commerce’s Letter, ‘‘Invitation for
Consultation to Discuss the Countervailing Duty
Petition,’’ dated November 26, 2024.
15 The GOC submitted comments on the CVD
petition. See GOC’s Letter, ‘‘Comments on
Countervailing Duty Petition,’’ dated December 13,
2024.
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Fmt 4703
Sfmt 4703
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d Algoma Steel Corp., Ltd. v. United States, 865
F.2d 240 (Fed. Cir. 1989)).
18 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist,
‘‘Countervailing Duty Investigation Initiation
Checklist: Sol Gel Alumina-Based Ceramic Abrasive
Grains from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (China CVD Initiation Checklist), at
Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Sol Gel Alumina-Based Ceramic Abrasive
Grains from the People’s Republic of China
(Attachment II). This checklist is on file
electronically via ACCESS.
17 See
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ceramic abrasive grains, as defined in
the scope, constitute a single domestic
like product, and we have analyzed
industry support in terms of that
domestic like product.19
As noted above, on December 6, 2024,
Commerce extended the initiation
deadline by 20 days to poll the domestic
industry in accordance with sections
702(c)(1)(B) and 702(c)(4)(D) of the Act
because the Petition ‘‘{had} not
established that the domestic producers
or workers accounting for more than 50
percent of total production support the
{Petition}. . . .’’ 20 On December 10,
2024, we issued polling questionnaires
to all known producers identified in the
Petition.21 We requested that the
companies complete the polling
questionnaire and certify their
responses by the due date specified in
the cover letter to the questionnaire. We
received timely responses to these
questionnaires from domestic producers
on December 17, 2024.22 No interested
party submitted comments on the
polling questionnaire responses.
Our analysis of the data we received
in the polling questionnaire responses
indicates that the domestic producers
and workers who support the Petition
account for at least 25 percent of the
total production of the domestic like
product and more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.23 Accordingly, Commerce
determines that the industry support
requirements of section 702(c)(4)(A) of
the Act have been met and that the
Petition was filed on behalf of the
domestic industry within the meaning
of section 702(b)(1) of the Act.24
Injury Test
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Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China
materially injure, or threaten material
injury to, a U.S. industry.
19 See Attachment II of the China CVD Initiation
Checklist.
20 See Initiation Extension Notice.
21 See Commerce’s Letters, ‘‘Polling
Questionnaire,’’ dated December 10, 2024; see also
Memorandum, ‘‘Email to Counsel for Domestic
Producers,’’ dated December 23, 2024.
22 See Petitioner’s Letter, ‘‘Polling Questionnaire
Response,’’ dated December 17, 2024; see also 3M
Company’s Letter, ‘‘Industry Polling Questionnaire
Response,’’ dated December 17, 2024.
23 See Attachment II of the China CVD Initiation
Checklist.
24 Id.
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Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefiting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports from China
exceed the negligibility threshold
provided for under section 771(24)(A) of
the Act.25
The petitioner contends that the
industry’s injured condition is
illustrated by the increasing volume of
subject imports; reduced market share;
underselling and price depression and/
or suppression; lost sales and revenues;
and declines in the domestic industry’s
production, capacity utilization, and
financial performance.26 We assessed
the allegations and supporting evidence
regarding material injury, threat of
material injury, causation, cumulation,
as well as negligibility, and we have
determined that these allegations are
properly supported by adequate
evidence and meet the statutory
requirements for initiation.27
Initiation of CVD Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating a CVD investigation to
determine whether imports of ceramic
abrasive grains benefit from
countervailable subsidies conferred by
the GOC. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 65 days after the date of this
initiation.
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on 24 of the 29 programs
alleged by the petitioner. For a full
discussion of the basis for our decision
to initiate on each program, see the
China CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
25 For further information regarding negligibility
and the injury allegation, see China CVD Initiation
Checklist at Attachment III, Analysis of Allegations
and Evidence of Material Injury and Causation for
the Antidumping and Countervailing Duty Petitions
Covering Sol Gel Alumina-Based Ceramic Abrasive
Grains from the People’s Republic of China
(Attachment III).
26 Id.
27 Id.
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Respondent Selection
In the Petition, the petitioner
identified 11 companies in China as
producers and/or exporters of ceramic
abrasive grains.28 Commerce intends to
follow its standard practice in CVD
investigations and calculate companyspecific subsidy rates in this
investigation. In the event that
Commerce determines that the number
of companies is large and it cannot
individually examine each company
based on Commerce’s resources,
Commerce normally selects mandatory
respondents in CVD investigations using
U.S. Customs and Border Protection
(CBP) entry data for U.S. imports under
the appropriate Harmonized Tariff
Schedule of the United States (HTSUS)
subheading(s) listed in the ‘‘Scope of the
Investigation’’ in the appendix.
On January 2, 2025 Commerce
released CBP data on imports of ceramic
abrasive grains from China under
administrative protective order (APO) to
all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
on CBP data and/or respondent
selection must do so within three
business days of the publication date of
the notice of initiation of this
investigation.29 Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. ET on the
specified deadline. Commerce will not
accept rebuttal comments regarding the
CBP data or respondent selection.
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the
Petition to each exporter named in the
Petition, as provided under 19 CFR
351.203(c)(2).
28 See Petition at Volume I (Exhibit I–5); see also
General Issues Supplement at 1 and Exhibit I–5–
Revised.
29 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Entry Data,’’ dated January 2,
2025.
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ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 25 days after the date on which
the ITC receives notice from Commerce
of initiation of the investigation,
whether there is a reasonable indication
that imports of ceramic abrasive grains
from China are materially injuring, or
threatening material injury to, a U.S.
industry.30 A negative ITC
determination will result in the
investigation being terminated.31
Otherwise, this CVD investigation will
proceed according to statutory and
regulatory time limits.
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Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors of
production under 19 CFR 351.408(c) or
to measure the adequacy of
remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 32 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.33 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
30 See
section 703(a) of the Act.
31 Id.
32 See
33 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
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limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.34 For submissions that are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
timely. An extension request must be
made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in this
investigation.35
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.36
Parties must use the certification
formats provided in 19 CFR
351.303(g).37 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has amended certain of its
34 See
19 CFR 351.302.
19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
36 See section 782(b) of the Act.
37 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
35 See
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requirements pertaining to the service of
documents in 19 CFR 351.303(f).38
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
Dated: January 6, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy
and Negotiations.
Appendix
Scope of the Investigation
The merchandise covered by this
investigation is sol gel alumina-based
ceramic abrasive grains which are comprised
of minimum 94% aluminum oxide (Al2O3),
and may contain other compounds,
including, but not limited to, titanium
dioxide, silicon dioxide, calcium oxide,
sodium superoxide, ferric oxide, magnesium
oxide, di-aluminum magnesium tetroxide,
lanthanum oxide, lanthanum magnesium
oxide, zirconium dioxide, or zirconium
carbonate. Grain sizes of sol gel aluminabased ceramic abrasive grains range from
0.85 mm to 0.0395 mm (which corresponds
to American National Standards Institute
(ANSI) grit sizes from 20 to 280).
Shapes include but are not limited to
angular, sharp, extra sharp, blocky, splintery,
round stripped, triangular or shaped like
extruded rods or stars.
Ceramic abrasive grains have unique
crystalline structures that impart certain
advanced properties, such as their extreme
hardness and strength ranging between 16
and 22 gigapascals by the Vickers Diamond
Indent Method, high melting point (2050 °C),
and a single- or multi-phase microstructure,
which may contain multiple phases, having
crystalline sizes ranging from 0.05 to 30mm.
These ceramic abrasive grains include but are
not limited to blue, white, white-translucent,
or off-white opaque colors.
Sol gel alumina-based ceramic abrasive
grains are covered by the scope of this
investigation, whether or not incorporated
into downstream articles, including but not
limited to, abrasive papers, grinding wheels,
grinding cylinders, and grinding discs. When
incorporated into downstream articles, only
the sol gel alumina-based ceramic abrasive
grains component of such articles is covered
by the product scope, and not the
downstream product as a whole.
The merchandise subject to this
investigation is properly classified under
subheadings 2818.10.2020 and 2818.10.2090
of the Harmonized Tariff Schedule of the
United States (HTSUS). Other merchandise
subject to the current scope, including when
incorporated into the abovementioned
downstream articles, may be classified under
HTSUS subheadings 2818.10.1000,
2818.20.0000, 2818.30.0000, 3824.99.1100,
3824.99.1900, 6805.10.0000, 6805.20.0000,
6805.30.1000, 6805.30.5000, 6804.22.1000,
6804.22.4000, 6804.22.6000, 8204.12.0000,
8474.90.0010, 8474.90.0020, 8474.90.0050,
38 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
E:\FR\FM\14JAN1.SGM
14JAN1
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices
and 8474.90.0090. Although the HTSUS
statistical reporting numbers are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
[FR Doc. 2025–00545 Filed 1–13–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–190]
Sol Gel Alumina-Based Ceramic
Abrasive Grains From the People’s
Republic of China: Initiation of LessThan-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 6, 2025.
FOR FURTHER INFORMATION CONTACT:
Thomas Cloyd, Office VII, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1246.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
khammond on DSK9W7S144PROD with NOTICES
On November 25, 2024, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
petition concerning imports of sol gel
alumina-based ceramic abrasive grains
(ceramic abrasive grains) from the
People’s Republic of China (China) filed
in proper form on behalf of SaintGobain Ceramics & Plastics, Inc. (the
petitioner), a U.S. producer of ceramic
abrasive grains.1 The AD Petition was
accompanied by a countervailing duty
(CVD) petition concerning imports of
ceramic abrasive grains from China.2
Between November 27 and December
6, 2024, Commerce requested
supplemental information pertaining to
certain aspects of the Petition in
supplemental questionnaires.3 Between
December 4 and 12, 2024, the petitioner
filed timely responses to these requests
for additional information.4
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated November 25, 2024 (Petition).
2 Id.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated November 27, 2024 (General
Issues Questionnaire); ‘‘Supplemental Questions,’’
dated November 27, 2024; see also Memorandum,
‘‘Phone Call with Counsel to the Petitioner,’’ dated
December 6, 2024 (December 6, 2024,
Memorandum).
4 See Petitioner’s Letters, ‘‘Antidumping and
Countervailing Supplemental Questionnaire
Response,’’ dated December 4, 2024 (General Issues
VerDate Sep<11>2014
22:42 Jan 13, 2025
Jkt 265001
On December 6, 2024, Commerce
extended the initiation deadline by 20
days to poll the domestic industry in
accordance with sections 732(c)(1)(B)
and 732(c)(4)(D) of the Tariff Act of
1930, as amended (the Act), because the
Petition ‘‘{had} not established that the
domestic producers or workers
accounting for more than 50 percent of
total production support the
{Petition}. . . .’’ 5
In accordance with section 732(b) of
the Act, the petitioner alleges that
imports of ceramic abrasive grains from
China are being, or are likely to be, sold
in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the
ceramic abrasive grains industry in the
United States. Consistent with section
732(b)(1) of the Act, the Petition was
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested LTFV investigation.6
Period of Investigation
Because the Petition was filed on
November 25, 2024, and because China
is a non-market economy (NME)
country, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for China LTFV
investigation is April 1, 2024, through
September 30, 2024.
Scope of the Investigation
The products covered by this
investigation are ceramic abrasive grains
from China. For a full description of the
scope of this investigation, see the
appendix to this notice.
Supplement); ‘‘Antidumping Supplemental
Questionnaire Response,’’ dated December 4, 2024;
‘‘Antidumping and Countervailing General Issues
Supplement Response,’’ dated December 9, 2024
(Scope Supplement); and ‘‘Antidumping
Supplemental Questionnaire Response,’’ dated
December 12, 2024.
5 See Notice of Extension of the Deadline for
Determining the Adequacy of the Antidumping and
Countervailing Duty Petitions: Sol Gel AluminaBased Ceramic Abrasive Grains from the People’s
Republic of China, 89 FR 100465 (December 12,
2024) (Initiation Extension Notice).
6 See section on ‘‘Determination of Industry
Support for the Petition,’’ infra.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
3179
Comments on the Scope of the
Investigation
On November 27, 2024 and December
6, 2024, Commerce requested
information and clarification from the
petitioner regarding the proposed scope
to ensure that the scope language in the
Petition is an accurate reflection of the
products for which the domestic
industry is seeking relief.7 On December
4 and 9, 2024, the petitioner provided
clarifications and revised the scope.8
The description of merchandise covered
by this investigation, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).9 Commerce will consider
all scope comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determination. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on January 27, 2025,
which is the next business day after 20
calendar days from the signature date of
this notice.11 Any rebuttal comments,
which may include factual information,
and should also be limited to public
information, must be filed by 5:00 p.m.
ET on February 6, 2025, which is 10
calendar days from the initial comment
deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of this
investigation be submitted during that
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
must contact Commerce and request
permission to submit the additional
7 See General Issues Questionnaire; see also
December 6, 2024, Memorandum.
8 See General Issues Supplement at 1–3; see also
Scope Supplement at 4–5.
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See 19 CFR 351.303(b)(1). The deadline for
scope comments falls on January 26, 2025, which
is a Sunday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept comments
filed by 5:00 p.m. ET on January 27, 2025 (‘‘For
both electronically filed and manually filed
documents, if the applicable due date falls on a
non-business day, the Secretary will accept
documents that are filed on the next business
day.’’).
E:\FR\FM\14JAN1.SGM
14JAN1
]]>Agencies
[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Notices]
[Pages 3175-3179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00545]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-191]
Sol Gel Alumina-Based Ceramic Abrasive Grains From the People's
Republic of China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 6, 2025.
FOR FURTHER INFORMATION CONTACT: Suresh Maniam, Office I, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1603.
SUPPLEMENTARY INFORMATION:
The Petition
On November 25, 2024, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of sol
gel alumina-based ceramic abrasive grains (ceramic abrasive grains)
from the People's Republic of China (China) filed in proper form on
behalf of Saint-Gobain Ceramics & Plastics, Inc. (the petitioner), a
U.S. producer of ceramic abrasive grains.\1\ The CVD Petition was
accompanied by an antidumping duty (AD) petition concerning imports of
ceramic abrasive grains from China.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated November 25, 2024
(Petition).
\2\ Id.
---------------------------------------------------------------------------
Between November 27, 2024, and December 17, 2024, Commerce
requested supplemental information pertaining to certain aspects of the
Petition in supplemental questionnaires.\3\ Between December 4 and 23,
2024, the petitioner filed timely responses to these requests for
additional information.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
November 27, 2024 (General Issues Questionnaire); ``Supplemental
Questions,'' dated November 27, 2024; and ``Supplemental
Questions,'' dated December 17, 2024; see also Memorandum, ``Phone
Call with Counsel to the Petitioner,'' dated December 6, 2024
(December 6, 2024, Memorandum).
\4\ See Petitioner's Letters, ``Antidumping and Countervailing
Supplemental Questionnaire Response,'' dated December 4, 2024
(General Issues Supplement); ``Countervailing Supplemental
Questionnaire Response,'' dated December 4, 2024; ``Antidumping and
Countervailing General Issues Supplement Response,'' dated December
9, 2024 (Scope Supplement); and ``Antidumping and Countervailing
Supplemental Questionnaire Response,'' dated December 23, 2024.
---------------------------------------------------------------------------
On December 6, 2024, Commerce extended the initiation deadline by
20 days to poll the domestic industry in accordance with sections
702(c)(1)(B) and 702(c)(4)(D) of the Tariff Act of 1930, as amended
(the Act), because the Petition ``{had{time} not established that the
domestic producers or workers accounting for more than 50 percent of
total production support the {Petition{time} . . . .'' \5\
---------------------------------------------------------------------------
\5\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping and Countervailing Duty Petitions: Sol
Gel Alumina-Based Ceramic Abrasive Grains from the People's Republic
of China, 89 FR 100465 (December 12, 2024) (Initiation Extension
Notice).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Act, the petitioner
alleges that the Government of China (GOC) is providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of ceramic abrasive grains in China, and that such imports
are materially injuring, or threatening material injury to, the
domestic industry producing ceramic abrasive grains in the United
States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition was accompanied by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigation.\6\
---------------------------------------------------------------------------
\6\ See section on ``Determination of Industry Support for the
Petition,'' infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on November 25, 2024, the period of
investigation for the CVD investigation is January 1, 2023, through
December 31, 2023.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
[[Page 3176]]
Scope of the Investigation
The products covered by this investigation are ceramic abrasive
grains from China. For a full description of the scope of this
investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
On November 27, 2024 and December 6, 2024, Commerce requested
information and clarification from the petitioner regarding the
proposed scope to ensure that the scope language in the Petition is an
accurate reflection of the products for which the domestic industry is
seeking relief.\8\ On December 4 and 9, 2024, the petitioner provided
clarifications and revised the scope.\9\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\8\ See General Issues Questionnaire; see also December 6, 2024,
Memorandum.
\9\ See General Issues Supplement at 1-3; see also Scope
Supplement at 4-5.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaire, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on January
27, 2025, which is the next business day after 20 calendar days from
the signature date of this notice.\12\ Any rebuttal comments, which may
include factual information, must be filed by 5:00 p.m. ET on February
6, 2025, which is 10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\10\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b)(1). The deadline for scope comments
falls on January 26, 2025, which is a Sunday. In accordance with 19
CFR 351.303(b)(1), Commerce will accept comments filed by 5:00 p.m.
ET on January 27, 2025 (``For both electronically filed and manually
filed documents, if the applicable due date falls on a non-business
day, the Secretary will accept documents that are filed on the next
business day.'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigation be submitted during
that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided an
opportunity for consultations with respect to the Petition.\14\ The GOC
did not request consultations.\15\
---------------------------------------------------------------------------
\14\ See Commerce's Letter, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated November 26, 2024.
\15\ The GOC submitted comments on the CVD petition. See GOC's
Letter, ``Comments on Countervailing Duty Petition,'' dated December
13, 2024.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\16\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\17\
---------------------------------------------------------------------------
\16\ See section 771(10) of the Act.
\17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\18\ Based on our analysis of the information
submitted on the record, we have determined that
[[Page 3177]]
ceramic abrasive grains, as defined in the scope, constitute a single
domestic like product, and we have analyzed industry support in terms
of that domestic like product.\19\
---------------------------------------------------------------------------
\18\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Countervailing Duty Investigation Initiation Checklist:
Sol Gel Alumina-Based Ceramic Abrasive Grains from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (China CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Sol Gel Alumina-Based Ceramic Abrasive
Grains from the People's Republic of China (Attachment II). This
checklist is on file electronically via ACCESS.
\19\ See Attachment II of the China CVD Initiation Checklist.
---------------------------------------------------------------------------
As noted above, on December 6, 2024, Commerce extended the
initiation deadline by 20 days to poll the domestic industry in
accordance with sections 702(c)(1)(B) and 702(c)(4)(D) of the Act
because the Petition ``{had{time} not established that the domestic
producers or workers accounting for more than 50 percent of total
production support the {Petition{time} . . . .'' \20\ On December 10,
2024, we issued polling questionnaires to all known producers
identified in the Petition.\21\ We requested that the companies
complete the polling questionnaire and certify their responses by the
due date specified in the cover letter to the questionnaire. We
received timely responses to these questionnaires from domestic
producers on December 17, 2024.\22\ No interested party submitted
comments on the polling questionnaire responses.
---------------------------------------------------------------------------
\20\ See Initiation Extension Notice.
\21\ See Commerce's Letters, ``Polling Questionnaire,'' dated
December 10, 2024; see also Memorandum, ``Email to Counsel for
Domestic Producers,'' dated December 23, 2024.
\22\ See Petitioner's Letter, ``Polling Questionnaire
Response,'' dated December 17, 2024; see also 3M Company's Letter,
``Industry Polling Questionnaire Response,'' dated December 17,
2024.
---------------------------------------------------------------------------
Our analysis of the data we received in the polling questionnaire
responses indicates that the domestic producers and workers who support
the Petition account for at least 25 percent of the total production of
the domestic like product and more than 50 percent of the production of
the domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petition.\23\
Accordingly, Commerce determines that the industry support requirements
of section 702(c)(4)(A) of the Act have been met and that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\24\
---------------------------------------------------------------------------
\23\ See Attachment II of the China CVD Initiation Checklist.
\24\ Id.
---------------------------------------------------------------------------
Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from China exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\25\
---------------------------------------------------------------------------
\25\ For further information regarding negligibility and the
injury allegation, see China CVD Initiation Checklist at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Sol Gel Alumina-Based Ceramic Abrasive Grains from the
People's Republic of China (Attachment III).
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by the increasing volume of subject imports; reduced market
share; underselling and price depression and/or suppression; lost sales
and revenues; and declines in the domestic industry's production,
capacity utilization, and financial performance.\26\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, cumulation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\27\
---------------------------------------------------------------------------
\26\ Id.
\27\ Id.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of ceramic abrasive grains benefit from countervailable
subsidies conferred by the GOC. In accordance with section 703(b)(1) of
the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 65 days after the date of this
initiation.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 24 of the 29
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the China CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
In the Petition, the petitioner identified 11 companies in China as
producers and/or exporters of ceramic abrasive grains.\28\ Commerce
intends to follow its standard practice in CVD investigations and
calculate company-specific subsidy rates in this investigation. In the
event that Commerce determines that the number of companies is large
and it cannot individually examine each company based on Commerce's
resources, Commerce normally selects mandatory respondents in CVD
investigations using U.S. Customs and Border Protection (CBP) entry
data for U.S. imports under the appropriate Harmonized Tariff Schedule
of the United States (HTSUS) subheading(s) listed in the ``Scope of the
Investigation'' in the appendix.
---------------------------------------------------------------------------
\28\ See Petition at Volume I (Exhibit I-5); see also General
Issues Supplement at 1 and Exhibit I-5-Revised.
---------------------------------------------------------------------------
On January 2, 2025 Commerce released CBP data on imports of ceramic
abrasive grains from China under administrative protective order (APO)
to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on CBP data and/or
respondent selection must do so within three business days of the
publication date of the notice of initiation of this investigation.\29\
Comments must be filed electronically using ACCESS. An electronically
filed document must be received successfully in its entirety via ACCESS
by 5:00 p.m. ET on the specified deadline. Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------
\29\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated January 2, 2025.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
[[Page 3178]]
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 25 days after the date
on which the ITC receives notice from Commerce of initiation of the
investigation, whether there is a reasonable indication that imports of
ceramic abrasive grains from China are materially injuring, or
threatening material injury to, a U.S. industry.\30\ A negative ITC
determination will result in the investigation being terminated.\31\
Otherwise, this CVD investigation will proceed according to statutory
and regulatory time limits.
---------------------------------------------------------------------------
\30\ See section 703(a) of the Act.
\31\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \32\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\33\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in this investigation.
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\32\ See 19 CFR 351.301(b).
\33\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\34\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\35\
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\34\ See 19 CFR 351.302.
\35\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\36\
Parties must use the certification formats provided in 19 CFR
351.303(g).\37\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\36\ See section 782(b) of the Act.
\37\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letters of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\38\
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\38\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: January 6, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is sol gel
alumina-based ceramic abrasive grains which are comprised of minimum
94% aluminum oxide (Al2O3), and may contain
other compounds, including, but not limited to, titanium dioxide,
silicon dioxide, calcium oxide, sodium superoxide, ferric oxide,
magnesium oxide, di-aluminum magnesium tetroxide, lanthanum oxide,
lanthanum magnesium oxide, zirconium dioxide, or zirconium
carbonate. Grain sizes of sol gel alumina-based ceramic abrasive
grains range from 0.85 mm to 0.0395 mm (which corresponds to
American National Standards Institute (ANSI) grit sizes from 20 to
280).
Shapes include but are not limited to angular, sharp, extra
sharp, blocky, splintery, round stripped, triangular or shaped like
extruded rods or stars.
Ceramic abrasive grains have unique crystalline structures that
impart certain advanced properties, such as their extreme hardness
and strength ranging between 16 and 22 gigapascals by the Vickers
Diamond Indent Method, high melting point (2050 [deg]C), and a
single- or multi-phase microstructure, which may contain multiple
phases, having crystalline sizes ranging from 0.05 to 30[micro]m.
These ceramic abrasive grains include but are not limited to blue,
white, white-translucent, or off-white opaque colors.
Sol gel alumina-based ceramic abrasive grains are covered by the
scope of this investigation, whether or not incorporated into
downstream articles, including but not limited to, abrasive papers,
grinding wheels, grinding cylinders, and grinding discs. When
incorporated into downstream articles, only the sol gel alumina-
based ceramic abrasive grains component of such articles is covered
by the product scope, and not the downstream product as a whole.
The merchandise subject to this investigation is properly
classified under subheadings 2818.10.2020 and 2818.10.2090 of the
Harmonized Tariff Schedule of the United States (HTSUS). Other
merchandise subject to the current scope, including when
incorporated into the abovementioned downstream articles, may be
classified under HTSUS subheadings 2818.10.1000, 2818.20.0000,
2818.30.0000, 3824.99.1100, 3824.99.1900, 6805.10.0000,
6805.20.0000, 6805.30.1000, 6805.30.5000, 6804.22.1000,
6804.22.4000, 6804.22.6000, 8204.12.0000, 8474.90.0010,
8474.90.0020, 8474.90.0050,
[[Page 3179]]
and 8474.90.0090. Although the HTSUS statistical reporting numbers
are provided for convenience and customs purposes, the written
description of the merchandise is dispositive.
[FR Doc. 2025-00545 Filed 1-13-25; 8:45 am]
BILLING CODE 3510-DS-P
