Slag Pots From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 8276-8281 [2025-01793]

Download as PDF 8276 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. VerDate Sep<11>2014 17:49 Jan 27, 2025 Jkt 265001 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). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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). E:\FR\FM\28JAN1.SGM 28JAN1 Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices 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 ddrumheller on DSK120RN23PROD with NOTICES1 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. VerDate Sep<11>2014 17:49 Jan 27, 2025 Jkt 265001 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’’). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 8277 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. E:\FR\FM\28JAN1.SGM 28JAN1 8278 Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices 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 ddrumheller on DSK120RN23PROD with NOTICES1 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 VerDate Sep<11>2014 17:49 Jan 27, 2025 Jkt 265001 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. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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. E:\FR\FM\28JAN1.SGM 28JAN1 Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices 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. ddrumheller on DSK120RN23PROD with NOTICES1 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. VerDate Sep<11>2014 17:49 Jan 27, 2025 Jkt 265001 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. PO 00000 8279 Frm 00023 Fmt 4703 Sfmt 4703 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 28JAN1 8280 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 19 CFR 351.301(b). 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 28JAN1 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 28JAN1

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]


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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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \23\ See Attachment III of the China AD Initiation Checklist.
    \24\ Id.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \25\ See China AD Initiation Checklist.
    \26\ Id.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \31\ See China AD Initiation Checklist.
    \32\ Id.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \33\ Id.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \34\ See Petition at Volume I (pages and Exhibit I-4); see also 
First General Issues Supplement at 1.
---------------------------------------------------------------------------

    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
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