Slag Pots From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 8276-8281 [2025-01793]
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Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
scope glycine or precursors of dried
crystalline glycine. Glycine has the
Chemical Abstracts Service (CAS)
registry number of 56–40–6.
Glycine and glycine slurry are
classified under Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 2922.49.43.00. Sodium
glycinate is classified in the HTSUS
under 2922.49.80.00. While the HTSUS
subheadings and CAS registry number
are provided for convenience and
customs purposes, the written
description of the scope of these Orders
is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise.
The effective date of the continuation
of the Orders is November 29, 2024.6
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
reviews of the Orders not later than 30
days prior to fifth anniversary of the
date of the effective date of this
continuation
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under 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 or 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.
ddrumheller on DSK120RN23PROD with NOTICES1
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and this notice is published in
accordance with section 777(i)(1) of the
Act, and 19 CFR 351.218(f)(4).
6 See
ITC Final Determination.
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17:49 Jan 27, 2025
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Dated: January 22, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2025–01795 Filed 1–27–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished,
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With the Results of
Antidumping Duty Administrative
Review; Notice of Amended Final
Results; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
On December 31, 2024, the
U.S. Department of Commerce
(Commerce) published in the Federal
Register the amended final results of the
2018–2019 administrative review of the
antidumping duty (AD) order on tapered
roller bearings and parts from the
People’s Republic of China (China). This
notice incorrectly stated that for the
non-selected companies that do not
have a superseding cash deposit rate,
Commerce will issue revised cash
deposit instructions through U.S.
Customs and Border Protection (CBP).
FOR FURTHER INFORMATION CONTACT: Jerry
Xiao, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2273.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On December 31, 2024, Commerce
published in the Federal Register the
notice of court decision not in harmony
with the final results and amended final
results of the 2018–2019 administrative
review of the AD order on tapered roller
bearings and parts from China.1 This
notice incorrectly stated that ‘‘{w}ith
respect to all the non-selected
companies that do not have a
superseding cash deposit rate revised
cash deposit instructions will be issued
1 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, from the People’s
Republic of China: Notice of Court Decision Not in
Harmony with the Results of Antidumping Duty
Administrative Review; Notice of Amended Final
Results, 89 FR 107106 (December 31, 2024).
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by Commerce to CBP.’’ We provide the
correction below.
Correction
In the Federal Register of December
31, 2024, in FR Doc 2024–31412, at 89
FR 107107, in the first and second
columns, correct the text in the section
entitled, ‘‘Cash Deposit Requirements’’
by replacing the last sentence in the
section with the following sentence:
‘‘Because the non-selected companies
have also received a superseding cash
deposit rate in a subsequent
administrative review, we will not issue
revised cash deposit instructions to
CBP. This notice will not affect the
current cash deposit rate with respect to
these companies.’’
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e) and
777(i)(1) of the Tariff Act of 1930, as
amended.
Dated: January 22, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2025–01796 Filed 1–27–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–196]
Slag Pots From the People’s Republic
of China: Initiation of Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 21, 2025.
FOR FURTHER INFORMATION CONTACT: Erin
Kearney, Office VI, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0167.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On December 31, 2024, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
petition concerning imports of slag pots
from the People’s Republic of China
(China) filed in proper form on behalf of
WHEMCO-Steel Casting, Inc. (the
petitioner), a U.S. producer of slag
pots.1 The AD Petition was
1 See Petitioner’s Letter, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties,’’ dated December 31, 2024 (Petition).
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accompanied by a countervailing duty
(CVD) petition concerning imports of
slag pots from China.2
On January 7 and 14, 2025, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition in supplemental
questionnaires.3 On January 13 and 16,
2025, the petitioner filed timely
responses to these requests for
additional information.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of slag pots 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 slag pots 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.5
Period of Investigation
Because the Petition was filed on
December 31, 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 the LTFV
investigation is April 1, 2024, through
September 30, 2024.
Scope of the Investigation
The products covered by this
investigation are slag pots from China.
For a full description of the scope of this
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2 Id.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated January 7, 2025 (General Issues
Questionnaire); and ‘‘Supplemental Questions,’’
dated January 7, 2025; see also Memorandum,
‘‘Phone Call with Counsel to the Petitioner,’’ dated
January 14, 2025 (January 14, 2025, Memorandum).
4 See Petitioner’s Letters, ‘‘Response to
Supplemental Questions Regarding Antidumping
Volume I of the Petitions,’’ dated January 13, 2025
(First General Issues Supplement); ‘‘Response to
Supplemental Questions Regarding Antidumping
Volume II of the Petitions,’’ dated January 13, 2025;
‘‘Response to Second Supplemental Questions
Regarding Volume I of Petitions,’’ dated January 16,
2025 (Second General Issues Supplement); and
‘‘Response to Supplemental Questions Regarding
Volume II of the Antidumping Petition,’’ dated
January 16, 2025.
5 See section on ‘‘Determination of Industry
Support for the Petition,’’ infra.
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investigation, see the appendix to this
notice.
Comments on the Scope of the
Investigation
On January 7 and 14, 2025, 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.6 On
January 13 and 16, 2025, the petitioner
provided clarifications and revised the
scope.7 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).8 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,9 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 February 10, 2025,
which 20 calendar days from the
signature date of this notice. 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 20,
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
information. All scope comments must
be filed simultaneously on the records
of the concurrent LTFV and CVD
investigations.
6 See
General Issues Questionnaire; see also
January 14, 2025, Memorandum.
7 See First General Issues Supplement at 1–3 and
Exhibit I–SUPP–2; see also Second General Issues
Supplement at 1 and Exhibit I–2Supp-1.
8 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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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.10 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of slag pots to be reported in response
to Commerce’s AD questionnaires. This
information will be used to identify the
key physical characteristics of the
subject merchandise in order to report
the relevant factors of production (FOP)
accurately, as well as to develop
appropriate product comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on February 10,
2025, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments must be filed by 5:00
p.m. ET on February 20, 2025, which is
10 calendar days from the initial
comment deadline. All comments and
submissions to Commerce must be filed
electronically using ACCESS, as
explained above, on the record of the
LTFV investigation.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(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
10 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.
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support for, or opposition to, the
petition. Moreover, section 732(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,11 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.12
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.13 Based on our analysis of
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11 See
section 771(10) of the Act.
12 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)).
13 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist,
‘‘Antidumping Duty Investigation Initiation
Checklist: Slag Pots from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (China AD Initiation
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the information submitted on the
record, we have determined that slag
pots, as defined in the scope, constitute
a single domestic like product, and we
have analyzed industry support in terms
of that domestic like product.14
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
in 2023 and compared this to the
estimated total production of the
domestic like product in 2023 by the
U.S. slag pots industry.15 We relied on
data provided by the petitioner for
purposes of measuring industry
support.16
Our review of the data provided in the
Petition, the First General Issues
Supplement, the Second General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petition.17 First,
the Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).18 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.19 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for 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,
Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing
Duty Petitions Covering Slag Pots from the People’s
Republic of China (Attachment II). This checklist is
on file electronically via ACCESS.
14 See Attachment II of the China AD Initiation
Checklist.
15 Id.
16 For further discussion, see Attachment II of the
China AD Initiation Checklist.
17 Id.
18 Id.; see also section 732(c)(4)(D) of the Act.
19 See Attachment II of the China AD Initiation
Checklist.
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the Petition.20 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.21
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioner alleges that subject
imports from China exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.22
The petitioner contends that the
industry’s injured condition is
illustrated by the significant volume and
market share of subject imports;
underselling and price suppression; lost
sales and revenues; and declines in the
domestic industry’s net sales quantities,
employment variables, and financial
performance.23 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.24
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
a LTFV investigation of imports of slag
pots from China. The sources of data for
the deductions and adjustments relating
to U.S. price and normal value (NV) are
discussed in greater detail in the China
AD Initiation Checklist.
U.S. Price
The petitioner based export price (EP)
on a transaction-specific average unit
value (AUV) (i.e., month- and portspecific AUV) derived from official
import statistics for imports of slag pots
from China during the period of
investigation and tied to ship manifest
data.25 The petitioner conservatively
did not make any adjustments to U.S.
20 Id.
21 Id.
22 For further information regarding negligibility
and the injury allegation, see China AD Initiation
Checklist at Attachment III, Analysis of Allegations
and Evidence of Material Injury and Causation for
the Antidumping and Countervailing Duty Petitions
Covering Slag Pots from the People’s Republic of
China (Attachment III).
23 See Attachment III of the China AD Initiation
Checklist.
24 Id.
25 See China AD Initiation Checklist.
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price to calculate a net ex-factory U.S.
price.26
days before the scheduled date of the
preliminary determination.
Normal Value
Factors of Production
Because information regarding the
volume of inputs consumed by Chinese
producers/exporters was not reasonably
available, the petitioner used its own
production experience and productspecific consumption rates as a
surrogate to value Chinese
manufacturers’ FOPs.31 Additionally,
the petitioner calculated factory
overhead, selling, general, and
administrative expenses, and profit
based on the experience of a Malaysian
producer of comparable merchandise.32
Commerce considers China to be an
NME country.27 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat China as an NME
country for purposes of the initiation of
this LTFV investigation. Accordingly,
we base NV on FOPs valued in a
surrogate market economy country in
accordance with section 773(c) of the
Act.
The petitioner claims that Malaysia is
an appropriate surrogate country for
China because it is a market economy
that is at a level of economic
development comparable to that of
China and is a significant producer of
comparable merchandise.28 The
petitioner provided publicly available
information from Malaysia to value all
FOPs except labor.29 Consistent with
Commerce’s recent practice in cases
involving Malaysia as a surrogate
country,30 to value labor, the petitioner
provided data from another surrogate
country, Mexico. Based on the
information provided by the petitioner,
we believe it is appropriate to use
Malaysia as a surrogate country for
China to value all FOPs except labor
and Mexico to value labor for initiation
purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
26 Id.
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27 See,
e.g., Certain Freight Rail Couplers and
Parts Thereof from the People’s Republic of China:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 88 FR
15372 (March 13, 2023), and accompanying
Preliminary Decision Memorandum at 5,
unchanged in Certain Freight Rail Couplers and
Parts Thereof from the People’s Republic of China:
Final Affirmative Determination of Sales at LessThan-Fair Value and Final Affirmative
Determination of Critical Circumstances, 88 FR
34485 (May 30, 2023).
28 See China AD Initiation Checklist.
29 Id.
30 See, e.g., Certain Collated Steel Staples from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; and
Final Determination of No Shipments; 2021–2022,
88 FR 85242 (December 7, 2023), and
accompanying Issues and Decision Memorandum
(IDM) at Comment 2; and Light-Walled Rectangular
Pipe and Tube from the People’s Republic of China:
Final Results of Antidumping Duty Administrative
Review, 88 FR 15671 (March 14, 2023), and
accompanying IDM at Comment 2.
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Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of slag pots from China are
being, or are likely to be, sold in the
United States at LTFV. Based on
comparisons of EP to NV in accordance
with sections 772 and 773 of the Act,
the estimated dumping margin for slag
pots from China covered by this
initiation is 294.43 percent.33
Initiation of LTFV Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating a LTFV investigation to
determine whether imports of slag pots
are being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determination no later than 140 days
after the date of this initiation.
Respondent Selection
In the Petition, the petitioner
identified 11 companies in China as
producers and/or exporters of slag
pots.34 Our standard practice for
respondent selection in AD
investigations involving NME countries
is to select respondents based on
quantity and value (Q&V)
questionnaires in cases where
Commerce has determined that the
number of companies is large, and it
cannot individually examine each
company based upon its resources.
Therefore, considering the number of
producers and/or exporters identified in
the Petition, Commerce will solicit Q&V
information that can serve as a basis for
selecting exporters for individual
31 See
examination in the event that Commerce
determines that the number is large and
decides to limit the number of
respondents individually examined
pursuant to section 777A(c)(2) of the
Act. Because there are 11 Chinese
producers and/or exporters identified in
the Petition, Commerce has determined
that it will issue Q&V questionnaires to
each potential respondent for which
there is complete address information
on the record.
Commerce will post the Q&V
questionnaires along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
slag pots from China that do not receive
Q&V questionnaires may still submit a
response to the Q&V questionnaire and
can obtain a copy of the Q&V
questionnaire from Commerce’s website.
Responses to the Q&V questionnaire
must be submitted by the relevant
Chinese producers/exporters no later
than 5:00 p.m. ET on February 4, 2025,
which is two weeks from the signature
date of this notice. All Q&V
questionnaire responses must be filed
electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305(b). As
stated above, instructions for filing such
applications may be found on
Commerce’s website at https://
www.trade.gov/administrativeprotective-orders.
Separate Rates
In order to obtain separate rate status
in an NME investigation, exporters and
producers must submit a separate rate
application. The specific requirements
for submitting a separate rate
application in an NME investigation are
outlined in detail in the application
itself, which is available on Commerce’s
website at https://access.trade.gov/
Resources/nme/nme-sep-rate.html. Note
that Commerce recently promulgated
new regulations pertaining to separate
rates, including the separate rate
application deadline and eligibility for
separate rate status, in 19 CFR
351.108.35 Pursuant to 19 CFR
351.108(d)(1), the separate rate
application will be due 21 days after
China AD Initiation Checklist.
32 Id.
33 Id.
34 See Petition at Volume I (pages and Exhibit I–
4); see also First General Issues Supplement at 1.
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Frm 00023
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35 See Regulations Enhancing the Administration
of the Antidumping and Countervailing Duty Trade
Remedy Laws, 89 FR 101694, 101759–60 (December
16, 2024).
E:\FR\FM\28JAN1.SGM
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Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
publication of this initiation notice.36
Exporters and producers must file a
timely separate rate application if they
want to be considered for individual
examination. In addition, pursuant to 19
CFR 351.108(e), exporters and
producers who submit a separate rate
application and have been selected as
mandatory respondents will be eligible
for consideration for separate rate status
only if they fully respond to all parts of
Commerce’s AD questionnaire and
participate in the LTFV proceeding as
mandatory respondents.37 Commerce
requires that companies from China
submit a response both to the Q&V
questionnaire and to the separate rate
application by the respective deadlines
to receive consideration for separate rate
status. Companies not filing a timely
Q&V questionnaire response will not
receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that {Commerce} will now assign in its
NME investigation will be specific to those
producers that supplied the exporter during
the period of investigation. Note, however,
that one rate is calculated for the exporter
and all of the producers which supplied
subject merchandise to it during the period
of investigation. This practice applies both to
mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the {weighted average} of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.38
ddrumheller on DSK120RN23PROD with NOTICES1
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petition have been provided to
the Government of China via ACCESS.
To the extent practicable, we will
attempt to provide a copy of the public
version of the Petition to each exporter
36 See
19 CFR 351.108(d)(1).
19 CFR 351.108(e).
38 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005), at 6 (emphasis added),
available on Commerce’s website at https://
access.trade.gov/Resources/policy/bull05-1.pdf.
37 See
VerDate Sep<11>2014
17:49 Jan 27, 2025
Jkt 265001
named in the Petition, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
slag pots from China are materially
injuring, or threatening material injury
to, a U.S. industry.39 A negative ITC
determination will result in the
investigation being terminated.40
Otherwise, this LTFV investigation will
proceed according to statutory and
regulatory time limits.
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 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 41 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.42 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
39 See
section 733(a) of the Act.
40 Id.
41 See
42 See
PO 00000
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19 CFR 351.301(b)(2).
Frm 00024
Fmt 4703
Sfmt 4703
limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.43 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.44
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.45
Parties must use the certification
formats provided in 19 CFR
351.303(g).46 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
letter of appearance). Note that
Commerce has amended certain of its
43 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/201322853.htm.
44 See 19 CFR 351.302; see also, e.g., Time Limits
Final Rule.
45 See section 782(b) of the Act.
46 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Additional information
regarding the Final Rule is available at https://
access.trade.gov/Resources/filing/.
E:\FR\FM\28JAN1.SGM
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Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
requirements pertaining to the service of
documents in 19 CFR 351.303(f).47
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: January 21, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
[FR Doc. 2025–01793 Filed 1–27–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Scope of the Investigation
The merchandise covered by the
investigation is slag pots with a nominal
capacity of 65 cubic feet to 1200 cubic feet
regardless of shape, form, or finish.
Slag pots are load bearing devices typically
formed as a curved shell or bowl-shaped
container. Slag pots are metallurgical goods
typically produced either using a casting
process or a fabrication process (e.g.,
welding) and may include a ceramic
refractory coating, heat treatment or various
finishes in order to handle high temperature
slag. Slag pots may contain integral features
or attachments including (1) legs (or a stand)
and (2) pivotal mounting hooks or brackets.
Legs (or a stand) are a fixed or detachable
support structure which allows the slag pot
to be securely positioned upright on a surface
when not being lifted or transported and may
also keep the slag pot off the ground and
allow for air cooling. The pivotal mounting
hooks and brackets are specialized
attachment points (such as lifting lugs or
trunnions) that allow the slag pot to be
securely lifted and transported by a crane or
lifting device, or that enable the slag pot to
swing or rotate while remaining attached to
the lifting mechanism. The merchandise
covered by this investigation includes all
aforementioned attachments of a fully
assembled slag pot, regardless of whether
shipped assembled or unassembled.
Slag pots are included within the scope
whether finished or unfinished, whether
imported individually or with other subject
or non-subject merchandise, or whether
assembled with attachments or unassembled.
Finishing includes, but is not limited to, arc
washing, welding, grinding, shot blasting,
heat treatment, machining, and assembly of
various parts.
The country of origin for slag pots whether
fully assembled, unfinished or finished, is
the country where the slag pot was cast or
forged. Subject merchandise includes slag
pots that have been further processed or
further assembled in a third country. Further
processing and further assembly include, but
is not limited to, arc washing, welding,
grinding, shot blasting, heat treatment,
painting, coating, priming, machining, and
assembly of attachments.
Slag pots subject to the investigation are
specified within the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheading 7309.00.0090. The slag pot
attachments covered by the scope of this
47 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
VerDate Sep<11>2014
investigation may enter under HTSUS
subheadings 7316.00.0000, 7325.10.0080,
7325.99.1000, 7325.99.5000, and
7326.19.0080. The HTSUS subheading is
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
17:49 Jan 27, 2025
Jkt 265001
International Trade Administration
[C–570–165]
Certain Paper Plates From the People’s
Republic of China: Final Affirmative
Countervailing Duty Determination and
Final Affirmative Determination of
Critical Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain paper plates (paper plates) from
the People’s Republic of China (China).
The period of investigation is January 1,
2023, through December 31, 2023.
DATES: Applicable January 28, 2025.
FOR FURTHER INFORMATION CONTACT: Sun
Cho, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6458.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 1, 2024, Commerce published
its Preliminary Determination in the
Federal Register and invited interested
parties to comment.1 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.2 The deadline for the final
determination is now January 21, 2025.
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
1 See Certain Paper Plates from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination, Preliminary
Affirmative Determination of Critical
Circumstances, in Part, and Alignment of Final
Determination With Final Antidumping Duty
Determination, 89 FR 54432 (July 1, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
8281
Memorandum.3 The Issues and Decision
Memorandum is a public document and
is made available to the public 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.
Scope of the Investigation
The products covered by this
investigation are paper plates from
China. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
We received no comments from
interested parties on the scope of the
investigation as it appeared in the
Preliminary Determination. Therefore,
we made no changes to the scope of the
investigation.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs that were
submitted by parties in this
investigation, are discussed in the Issues
and Decision Memorandum. For a list of
the issues raised by interested parties
and addressed in the Issues and
Decision Memorandum, see Appendix
II.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found to be
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.4 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce relied, in part, on facts
otherwise available, including with an
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Countervailing Duty
Investigation of Certain Paper Plates from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; see also section
771(5)(E) of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
E:\FR\FM\28JAN1.SGM
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Agencies
[Federal Register Volume 90, Number 17 (Tuesday, January 28, 2025)]
[Notices]
[Pages 8276-8281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01793]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-196]
Slag Pots From the People's Republic of China: Initiation of
Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 21, 2025.
FOR FURTHER INFORMATION CONTACT: Erin Kearney, Office VI, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0167.
SUPPLEMENTARY INFORMATION:
The Petition
On December 31, 2024, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of slag
pots from the People's Republic of China (China) filed in proper form
on behalf of WHEMCO-Steel Casting, Inc. (the petitioner), a U.S.
producer of slag pots.\1\ The AD Petition was
[[Page 8277]]
accompanied by a countervailing duty (CVD) petition concerning imports
of slag pots from China.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated December 31, 2024
(Petition).
\2\ Id.
---------------------------------------------------------------------------
On January 7 and 14, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ On January 13 and 16, 2025, the
petitioner filed timely responses to these requests for additional
information.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
January 7, 2025 (General Issues Questionnaire); and ``Supplemental
Questions,'' dated January 7, 2025; see also Memorandum, ``Phone
Call with Counsel to the Petitioner,'' dated January 14, 2025
(January 14, 2025, Memorandum).
\4\ See Petitioner's Letters, ``Response to Supplemental
Questions Regarding Antidumping Volume I of the Petitions,'' dated
January 13, 2025 (First General Issues Supplement); ``Response to
Supplemental Questions Regarding Antidumping Volume II of the
Petitions,'' dated January 13, 2025; ``Response to Second
Supplemental Questions Regarding Volume I of Petitions,'' dated
January 16, 2025 (Second General Issues Supplement); and ``Response
to Supplemental Questions Regarding Volume II of the Antidumping
Petition,'' dated January 16, 2025.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of slag pots
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 slag pots 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.\5\
---------------------------------------------------------------------------
\5\ See section on ``Determination of Industry Support for the
Petition,'' infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on December 31, 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 the LTFV
investigation is April 1, 2024, through September 30, 2024.
Scope of the Investigation
The products covered by this investigation are slag pots 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 January 7 and 14, 2025, 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.\6\ On January 13 and 16, 2025, the petitioner provided
clarifications and revised the scope.\7\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\6\ See General Issues Questionnaire; see also January 14, 2025,
Memorandum.
\7\ See First General Issues Supplement at 1-3 and Exhibit I-
SUPP-2; see also Second General Issues Supplement at 1 and Exhibit
I-2Supp-1.
---------------------------------------------------------------------------
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).\8\ 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,\9\ 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 February 10, 2025, which 20 calendar days from the
signature date of this notice. 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 20, 2025, which is 10
calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
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 information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV 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.\10\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\10\ 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.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of slag pots to be reported
in response to Commerce's AD questionnaires. This information will be
used to identify the key physical characteristics of the subject
merchandise in order to report the relevant factors of production (FOP)
accurately, as well as to develop appropriate product comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaires, all
product characteristics comments must be filed by 5:00 p.m. ET on
February 10, 2025, which is 20 calendar days from the signature date of
this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on
February 20, 2025, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
LTFV investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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
[[Page 8278]]
support for, or opposition to, the petition. Moreover, section
732(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,\11\ 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.\12\
---------------------------------------------------------------------------
\11\ See section 771(10) of the Act.
\12\ 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.\13\ Based on our analysis of the information
submitted on the record, we have determined that slag pots, as defined
in the scope, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\14\
---------------------------------------------------------------------------
\13\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Slag Pots from the People's Republic of China,'' dated concurrently
with, and hereby adopted by, this notice (China AD Initiation
Checklist), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Slag Pots
from the People's Republic of China (Attachment II). This checklist
is on file electronically via ACCESS.
\14\ See Attachment II of the China AD Initiation Checklist.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2023 and compared this
to the estimated total production of the domestic like product in 2023
by the U.S. slag pots industry.\15\ We relied on data provided by the
petitioner for purposes of measuring industry support.\16\
---------------------------------------------------------------------------
\15\ Id.
\16\ For further discussion, see Attachment II of the China AD
Initiation Checklist.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petition.\17\ First, the
Petition established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action in order to evaluate industry support (e.g.,
polling).\18\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\19\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for 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.\20\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 732(b)(1) of the
Act.\21\
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\17\ Id.
\18\ Id.; see also section 732(c)(4)(D) of the Act.
\19\ See Attachment II of the China AD Initiation Checklist.
\20\ Id.
\21\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports from China exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\22\
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\22\ For further information regarding negligibility and the
injury allegation, see China AD Initiation Checklist at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Slag Pots from the People's Republic of China (Attachment
III).
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The petitioner contends that the industry's injured condition is
illustrated by the significant volume and market share of subject
imports; underselling and price suppression; lost sales and revenues;
and declines in the domestic industry's net sales quantities,
employment variables, and financial performance.\23\ 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.\24\
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\23\ See Attachment III of the China AD Initiation Checklist.
\24\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate a LTFV investigation
of imports of slag pots from China. The sources of data for the
deductions and adjustments relating to U.S. price and normal value (NV)
are discussed in greater detail in the China AD Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on a transaction-specific
average unit value (AUV) (i.e., month- and port-specific AUV) derived
from official import statistics for imports of slag pots from China
during the period of investigation and tied to ship manifest data.\25\
The petitioner conservatively did not make any adjustments to U.S.
[[Page 8279]]
price to calculate a net ex-factory U.S. price.\26\
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\25\ See China AD Initiation Checklist.
\26\ Id.
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Normal Value
Commerce considers China to be an NME country.\27\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this LTFV investigation. Accordingly, we
base NV on FOPs valued in a surrogate market economy country in
accordance with section 773(c) of the Act.
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\27\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioner claims that Malaysia is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\28\ The petitioner provided
publicly available information from Malaysia to value all FOPs except
labor.\29\ Consistent with Commerce's recent practice in cases
involving Malaysia as a surrogate country,\30\ to value labor, the
petitioner provided data from another surrogate country, Mexico. Based
on the information provided by the petitioner, we believe it is
appropriate to use Malaysia as a surrogate country for China to value
all FOPs except labor and Mexico to value labor for initiation
purposes.
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\28\ See China AD Initiation Checklist.
\29\ Id.
\30\ See, e.g., Certain Collated Steel Staples from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; and Final Determination of No Shipments; 2021-2022, 88 FR
85242 (December 7, 2023), and accompanying Issues and Decision
Memorandum (IDM) at Comment 2; and Light-Walled Rectangular Pipe and
Tube from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 88 FR 15671 (March 14,
2023), and accompanying IDM at Comment 2.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioner used its own production experience and product-specific
consumption rates as a surrogate to value Chinese manufacturers'
FOPs.\31\ Additionally, the petitioner calculated factory overhead,
selling, general, and administrative expenses, and profit based on the
experience of a Malaysian producer of comparable merchandise.\32\
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\31\ See China AD Initiation Checklist.
\32\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of slag pots from China are being, or are likely
to be, sold in the United States at LTFV. Based on comparisons of EP to
NV in accordance with sections 772 and 773 of the Act, the estimated
dumping margin for slag pots from China covered by this initiation is
294.43 percent.\33\
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\33\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating a LTFV investigation to determine
whether imports of slag pots are being, or are likely to be, sold in
the United States at LTFV. In accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petition, the petitioner identified 11 companies in China as
producers and/or exporters of slag pots.\34\ Our standard practice for
respondent selection in AD investigations involving NME countries is to
select respondents based on quantity and value (Q&V) questionnaires in
cases where Commerce has determined that the number of companies is
large, and it cannot individually examine each company based upon its
resources. Therefore, considering the number of producers and/or
exporters identified in the Petition, Commerce will solicit Q&V
information that can serve as a basis for selecting exporters for
individual examination in the event that Commerce determines that the
number is large and decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act.
Because there are 11 Chinese producers and/or exporters identified in
the Petition, Commerce has determined that it will issue Q&V
questionnaires to each potential respondent for which there is complete
address information on the record.
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\34\ See Petition at Volume I (pages and Exhibit I-4); see also
First General Issues Supplement at 1.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of slag pots from China that do
not receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. Responses to the Q&V questionnaire must be
submitted by the relevant Chinese producers/exporters no later than
5:00 p.m. ET on February 4, 2025, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. Note that Commerce recently
promulgated new regulations pertaining to separate rates, including the
separate rate application deadline and eligibility for separate rate
status, in 19 CFR 351.108.\35\ Pursuant to 19 CFR 351.108(d)(1), the
separate rate application will be due 21 days after
[[Page 8280]]
publication of this initiation notice.\36\ Exporters and producers must
file a timely separate rate application if they want to be considered
for individual examination. In addition, pursuant to 19 CFR 351.108(e),
exporters and producers who submit a separate rate application and have
been selected as mandatory respondents will be eligible for
consideration for separate rate status only if they fully respond to
all parts of Commerce's AD questionnaire and participate in the LTFV
proceeding as mandatory respondents.\37\ Commerce requires that
companies from China submit a response both to the Q&V questionnaire
and to the separate rate application by the respective deadlines to
receive consideration for separate rate status. Companies not filing a
timely Q&V questionnaire response will not receive separate rate
consideration.
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\35\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\36\ See 19 CFR 351.108(d)(1).
\37\ See 19 CFR 351.108(e).
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\38\
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\38\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the Government of China 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).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of slag pots from China are materially
injuring, or threatening material injury to, a U.S. industry.\39\ A
negative ITC determination will result in the investigation being
terminated.\40\ Otherwise, this LTFV investigation will proceed
according to statutory and regulatory time limits.
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\39\ See section 733(a) of the Act.
\40\ Id.
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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 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 \41\ 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.\42\ 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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\41\ See 19 CFR 351.301(b).
\42\ 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.\43\ 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.\44\
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\43\ 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.
\44\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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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.\45\
Parties must use the certification formats provided in 19 CFR
351.303(g).\46\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\45\ See section 782(b) of the Act.
\46\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
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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 letter of appearance).
Note that Commerce has amended certain of its
[[Page 8281]]
requirements pertaining to the service of documents in 19 CFR
351.303(f).\47\
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\47\ 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 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: January 21, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by the investigation is slag pots with a
nominal capacity of 65 cubic feet to 1200 cubic feet regardless of
shape, form, or finish.
Slag pots are load bearing devices typically formed as a curved
shell or bowl-shaped container. Slag pots are metallurgical goods
typically produced either using a casting process or a fabrication
process (e.g., welding) and may include a ceramic refractory
coating, heat treatment or various finishes in order to handle high
temperature slag. Slag pots may contain integral features or
attachments including (1) legs (or a stand) and (2) pivotal mounting
hooks or brackets. Legs (or a stand) are a fixed or detachable
support structure which allows the slag pot to be securely
positioned upright on a surface when not being lifted or transported
and may also keep the slag pot off the ground and allow for air
cooling. The pivotal mounting hooks and brackets are specialized
attachment points (such as lifting lugs or trunnions) that allow the
slag pot to be securely lifted and transported by a crane or lifting
device, or that enable the slag pot to swing or rotate while
remaining attached to the lifting mechanism. The merchandise covered
by this investigation includes all aforementioned attachments of a
fully assembled slag pot, regardless of whether shipped assembled or
unassembled.
Slag pots are included within the scope whether finished or
unfinished, whether imported individually or with other subject or
non-subject merchandise, or whether assembled with attachments or
unassembled. Finishing includes, but is not limited to, arc washing,
welding, grinding, shot blasting, heat treatment, machining, and
assembly of various parts.
The country of origin for slag pots whether fully assembled,
unfinished or finished, is the country where the slag pot was cast
or forged. Subject merchandise includes slag pots that have been
further processed or further assembled in a third country. Further
processing and further assembly include, but is not limited to, arc
washing, welding, grinding, shot blasting, heat treatment, painting,
coating, priming, machining, and assembly of attachments.
Slag pots subject to the investigation are specified within the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 7309.00.0090. The slag pot attachments covered by the
scope of this investigation may enter under HTSUS subheadings
7316.00.0000, 7325.10.0080, 7325.99.1000, 7325.99.5000, and
7326.19.0080. The HTSUS subheading is provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
[FR Doc. 2025-01793 Filed 1-27-25; 8:45 am]
BILLING CODE 3510-DS-P