Slag Pots From the People's Republic of China: Initiation of Countervailing Duty Investigation, 8267-8271 [2025-01794]
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Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
and/or may be uncoated or coated with any
type of coating.
The paper plates subject to this
investigation remain covered by the scope of
this investigation whether imported alone, or
in any combination of subject and nonsubject merchandise. When paper plates
subject to this investigation are imported in
combination with non-subject merchandise,
only the paper plates subject to this
investigation are subject merchandise.
The paper plates subject to this
investigation include paper plates matching
the above description that have been
finished, packaged, or otherwise processed in
a third country by performing finishing,
packaging, or processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the paper plates.
Examples of finishing, packaging, or other
processing in a third country that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the paper plates
include, but are not limited to, printing,
application of other surface treatments such
as coatings, repackaging, embossing, and
application of foil surface treatments.
Excluded from the scope of this
investigation are paper plates molded or
pressed directly from paper pulp (including
but not limited to unfelted pulp), which are
currently classifiable under subheading
4823.70.0020 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Also excluded from the scope of this
investigation are articles that otherwise
would be covered but which exhibit the
following two physical characteristics: (a)
depth (measured vertically from the base to
the top of the lip, or edge if no lip) equal to
or greater than 1.25 inches but less than two
(2.0) inches, and (b) a base not exceeding five
(5.0) inches in diameter if round, or not
exceeding 20 square inches in area if any
other shape.
Also excluded from the scope of this
investigation are paper bowls, paper buckets,
and paper food containers with closeable
lids.
Paper plates subject to this investigation
are currently classifiable under HTSUS
subheading 4823.69.0040. Paper plates
subject to this investigation also may be
classified under HTSUS subheading
4823.61.0040. If packaged with other articles,
the paper plates subject to this investigation
also may be classified under HTSUS
subheadings 9505.90.4000 and 9505.90.6000.
While the HTSUS subheading(s) are provided
for convenience and customs purposes, the
written description of the subject
merchandise is dispositive.
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Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of
Critical Circumstances, in Part
IV. Adjustment to Cash Deposit Rate for
Export Subsidies
V. Changes Since the Preliminary
Determination
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VI. Application of Facts Available and Use of
Adverse Inference
VII. Discussion of the Issues
Comment 1: Selection of Surrogate Value
for Paper Input
Comment 2: Selection of Surrogate
Financial Statements
Comment 3: Separate Valuation of
Domestic Inland Freight Insurance
Comment 4: Calculation of Scrap Offset
VIII. Recommendation
[FR Doc. 2025–01806 Filed 1–27–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–173]
Vanillin From the People’s Republic of
China: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination;
Correction
8267
Chemical Import and Export Co., Ltd.
The correct name of the mandatory
respondent is Jiaxing Guihua Imp. &
Exp. Co., Ltd.
Correction
In the Federal Register of November
18, 2024, in FR Doc 2024–26770, at 89
FR 90672, correct the text and the table
in the second column of the page, by
replacing ‘‘Jiaxing Guihua Chemical
Import and Export Co., Ltd.’’ with
‘‘Jiaxing Guihua Imp. & Exp. Co., Ltd.’’
Notification to Interested Parties
This notice is issued and published in
accordance with sections 703(f) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.224(e).
Dated: January 22, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2025–01797 Filed 1–27–25; 8:45 am]
BILLING CODE 3510–DS–P
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
The U.S. Department of
Commerce (Commerce) published a
notice in the Federal Register on
November 18, 2024, in which it
announced the preliminary
determination in the countervailing
duty (CVD) investigation of vanillin
from the People’s Republic of China
(China). In this notice, Commerce
incorrectly identified the mandatory
respondent in the investigation as
Jiaxing Guihua Chemical Import and
Export Co., Ltd. The correct name of the
mandatory respondent is Jiaxing Guihua
Imp. & Exp. Co., Ltd.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2769.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On November 18, 2024, Commerce
published in the Federal Register notice
of the preliminary determination in the
CVD investigation of vanillin from
China.1 In that notice, Commerce
incorrectly identified the name of the
mandatory respondent in the
investigation as Jiaxing Guihua
1 See Vanillin from the People’s Republic of
China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 89 FR 90671 (November 18, 2024).
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–197]
Slag Pots From the People’s Republic
of China: Initiation of Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 21, 2025.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt, Office III, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–7851.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On December 31, 2024, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of slag pots
from the People’s Republic of China
(China) filed in proper form on behalf of
WHEMCO-Steel Castings, Inc. (the
petitioner), a U.S. producer of slag
pots.1 The CVD Petition was
accompanied by an antidumping duty
(AD) 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.
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Between January 6 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 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of slag
pots in China, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing slag pots in the United States.
Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those
alleged programs on which we are
initiating a CVD investigation, the
Petition was accompanied by
information reasonably available to the
petitioner supporting its allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigation.5
Period of Investigation
Because the Petition was filed on
December 31, 2024, the period of
investigation for the CVD investigation
is January 1, 2023, through December
31, 2023.6
Scope of the Investigation
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The product covered by this
investigation is slag pots from China.
For a full description of the scope of this
investigation, see the appendix to this
notice.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated January 6, 2025; and
‘‘Supplemental Questions,’’ dated January 7, 2025
(General Issues Questionnaire); see also
Memorandum ‘‘Phone Call with Counsel to the
Petitioner, dated January 14, 2024 (January 14, 2025
Memorandum).
4 See Petitioner’s Letters, ‘‘Response to
Supplemental Questions Regarding Countervailing
Duty Petition,’’ dated January 13, 2025; ‘‘Response
to Supplemental Questions Regarding Antidumping
Volume I of the Petitions,’’ dated January 13, 2025
(First General Issues Supplement); and ‘‘Response
to Second Supplemental Questions Regarding
Volume I of Petitions,’’ dated January 16, 2025
(Second General Issues Supplement).
5 See section on ‘‘Determination of Industry
Support for the Petition,’’ infra.
6 See 19 CFR 351.204(b)(2).
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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.7 On
January 13 and 16, 2025, the petitioner
provided clarifications and revised the
scope.8 The description of merchandise
covered by this investigation, as
described in the appendix to this notice,
reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).9 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information, all such
factual information should be limited to
public information.10 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 is 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 the investigation
be submitted during that time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
must contact Commerce and request
permission to submit the additional
information. All scope comments must
be filed simultaneously on the records
of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
7 See General Issues Questionnaire; see also
January 14, 2025, Memorandum.
8 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.
9 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.11 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC of the receipt of the Petition
and provided an opportunity for
consultations with respect to the
Petition.12 The GOC did not request
consultations.13
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
11 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.
12 See Commerce’s Letter, ‘‘Invitation for
Consultation to Discuss the Countervailing Duty
Petition,’’ dated December 16, 2024.
13 The GOC submitted comments on the CVD
petition. See GOC’s Letter, ‘‘Comments on
Countervailing Duty Petition,’’ dated January 14,
2025.
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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,14 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.15
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.16 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.17
In determining whether the petitioner
has standing under section 702(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
14 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d Algoma Steel Corp., Ltd. v. United States, 865
F.2d 240 (Fed. Cir. 1989)).
16 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist,
‘‘Countervailing Duty Investigation Initiation
Checklist: Slag Pots from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (China CVD Initiation
Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing
Duty Petitions Covering Slag Pots from the People’s
Republic of China (Attachment II). This checklist is
on file electronically via ACCESS.
17 See Attachment II of the China CVD Initiation
Checklist.
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15 See
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in 2023 and compared this to the
estimated total production of the
domestic like product in 2023 by the
U.S. slag pots industry.18 We relied on
data provided by the petitioner for
purposes of measuring industry
support.19
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.20 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).21 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(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.22 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(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.23 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.24
Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefiting
18 Id.
19 For further discussion, see Attachment II of the
China CVD Initiation Checklist.
20 Id.
21 Id.; see also section 702(c)(4)(D) of the Act.
22 See Attachment II of the China CVD Initiation
Checklist.
23 Id.
24 Id.
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8269
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports from China
exceed the negligibility threshold
provided for under section 771(24)(A) of
the Act.25
The petitioner contends that the
industry’s injured condition is
illustrated by the 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.26 We assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, cumulation,
as well as negligibility, and we have
determined that these allegations are
properly supported by adequate
evidence and meet the statutory
requirements for initiation.27
Initiation of CVD Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating a CVD investigation to
determine whether imports of slag pots
from China benefit from countervailable
subsidies conferred by the GOC. In
accordance with section 703(b)(1) of the
Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our
preliminary determination no later than
65 days after the date of this initiation.
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on 29 of the 32 programs
alleged by the petitioner. For a full
discussion of the basis for our decision
to initiate on each program, see the
China CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Respondent Selection
In the Petition, the petitioner
identified 11 companies in China as
producers and/or exporters of slag
pots.28 Commerce intends to follow its
25 For further information regarding negligibility
and the injury allegation, see China CVD Initiation
Checklist at Attachment III, Analysis of Allegations
and Evidence of Material Injury and Causation for
the Antidumping and Countervailing Duty Petitions
Covering Slag Pots from the People’s Republic of
China (Attachment III).
26 Id.
27 Id.
28 See Petition at Volume I (page 6 and Exhibit
I–4); see also First General Issues Supplement at 1.
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standard practice in CVD investigations
and calculate company-specific subsidy
rates in this investigation. In the event
that Commerce determines that the
number of companies is large and it
cannot individually examine each
company based on Commerce’s
resources, Commerce normally selects
mandatory respondents in CVD
investigations using U.S. Customs and
Border Protection (CBP) entry data for
U.S. imports under the appropriate
Harmonized Tariff Schedule of the
United States (HTSUS) subheading(s)
listed in the ‘‘Scope of the
Investigation’’ in the appendix.
On January 16, 2025, Commerce
released CBP data on imports of slag
pots from China under administrative
protective order (APO) to all parties
with access to information protected by
APO and indicated that interested
parties wishing to comment on CBP data
and/or respondent selection must do so
within three business days of the
publication date of the notice of
initiation of this investigation.29
Comments must be filed electronically
using ACCESS. An electronically-filed
document must be received successfully
in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce
will not accept rebuttal comments
regarding the CBP data or respondent
selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the
Petition to each exporter named in the
Petition, as provided under 19 CFR
351.203(c)(2).
ITC Notification
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Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 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.30 A negative ITC
determination will result in the
investigation being terminated.31
Otherwise, this CVD investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors of
production under 19 CFR 351.408(c) or
to measure the adequacy of
remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 32 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.33 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.34 For submissions that are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
30 See
section 703(a)(1) of the Act.
31 Id.
29 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Entry Data,’’ dated January
16, 2025.
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32 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
34 See 19 CFR 351.302.
33 See
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which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
timely. An extension request must be
made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in this
investigation.35
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.36
Parties must use the certification
formats provided in 19 CFR
351.303(g).37 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).38
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
35 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
36 See section 782(b) of the Act.
37 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
38 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
E:\FR\FM\28JAN1.SGM
28JAN1
Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
Dated: January 21, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
ddrumheller on DSK120RN23PROD with NOTICES1
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. 2025–01794 Filed 1–27–25; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:49 Jan 27, 2025
Jkt 265001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–164]
Certain Paper Plates From the People’s
Republic of China: Final Affirmative
Determination of Sales at Less Than
Fair Value 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
certain paper plates (paper plates) from
the People’s Republic of China (China)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV) during the period of
investigation (POI) July 1, 2023, through
December 31, 2023.
DATES: Applicable January 28, 2025.
FOR FURTHER INFORMATION CONTACT: Toni
Page or Lingjun Wang, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1398 or (202) 482–2316,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 5, 2024, Commerce
published the Preliminary
Determination in the Federal Register
and invited interested parties to
comment.1 For a complete description
of the events that followed the
Preliminary Determination, see the
Issues and Decision Memorandum.2
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
1 See Certain Paper Plates from the People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 89 FR 72367 (September 5, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
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).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
8271
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.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
between November 12 and 24, 2024,
Commerce conducted verification of the
sales and factors of production
information submitted by Fuzhou
Hengli Paper Co., Ltd. (Fuzhou Hengli)
and Jinhua P&P Product Co., Ltd
(Jinhua).3 We used standard verification
procedures, including an examination of
relevant accounting records and original
source documents provided by Fuzhou
Hengli and Jinhua.
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs by the 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.
Final Affirmative Determination of
Critical Circumstances, in Part
In accordance with section
735(a)(3)(B) of the Act, and 19 CFR
351.206(h), Commerce finds for the final
determination that critical
circumstances exist with respect to
imports of paper plates for the nonselected companies eligible for a
separate rate 4 and continues to find that
critical circumstances exist with respect
to the China-wide entity.5 We find for
the final determination that critical
circumstances exist with respect to
3 See Memoranda, ‘‘Verification of the
Questionnaire Responses of Jinhua P&P Product
Co., Ltd. (JPP) in the Less-Than-Fair-Value
Investigation of Certain Paper Plates from the
People’s Republic of China (China),’’ dated
December 16, 2024; and ‘‘Verification of the
Questionnaire Responses of Hengli Paper Co., Ltd.
(Hengli) and its producer Guangdong Ecosource
Environmental Technology Co., Ltd. (Ecosource),’’
dated December 17, 2024.
4 See Issues and Decision Memorandum at 5.
5 See Preliminary Determination, 89 FR at 72367.
E:\FR\FM\28JAN1.SGM
28JAN1
Agencies
[Federal Register Volume 90, Number 17 (Tuesday, January 28, 2025)]
[Notices]
[Pages 8267-8271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01794]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-197]
Slag Pots From the People's Republic of China: Initiation of
Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 21, 2025.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, Office III, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7851.
SUPPLEMENTARY INFORMATION:
The Petition
On December 31, 2024, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
slag pots from the People's Republic of China (China) filed in proper
form on behalf of WHEMCO-Steel Castings, Inc. (the petitioner), a U.S.
producer of slag pots.\1\ The CVD Petition was accompanied by an
antidumping duty (AD) 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.
---------------------------------------------------------------------------
[[Page 8268]]
Between January 6 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 6, 2025; and ``Supplemental Questions,'' dated January 7,
2025 (General Issues Questionnaire); see also Memorandum ``Phone
Call with Counsel to the Petitioner, dated January 14, 2024 (January
14, 2025 Memorandum).
\4\ See Petitioner's Letters, ``Response to Supplemental
Questions Regarding Countervailing Duty Petition,'' dated January
13, 2025; ``Response to Supplemental Questions Regarding Antidumping
Volume I of the Petitions,'' dated January 13, 2025 (First General
Issues Supplement); and ``Response to Second Supplemental Questions
Regarding Volume I of Petitions,'' dated January 16, 2025 (Second
General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of slag pots in China,
and that such imports are materially injuring, or threatening material
injury to, the domestic industry producing slag pots in the United
States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition was accompanied by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigation.\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, the period of
investigation for the CVD investigation is January 1, 2023, through
December 31, 2023.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is 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.\7\ On January 13 and 16, 2025, the petitioner provided
clarifications and revised the scope.\8\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Questionnaire; see also January 14, 2025,
Memorandum.
\8\ 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).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information, all such
factual information should be limited to public information.\10\ 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 is 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.
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigation be submitted during
that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided an
opportunity for consultations with respect to the Petition.\12\ The GOC
did not request consultations.\13\
---------------------------------------------------------------------------
\12\ See Commerce's Letter, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated December 16, 2024.
\13\ The GOC submitted comments on the CVD petition. See GOC's
Letter, ``Comments on Countervailing Duty Petition,'' dated January
14, 2025.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International
[[Page 8269]]
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,\14\ 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.\15\
---------------------------------------------------------------------------
\14\ See section 771(10) of the Act.
\15\ 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.\16\ 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.\17\
---------------------------------------------------------------------------
\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Countervailing Duty Investigation Initiation Checklist:
Slag Pots from the People's Republic of China,'' dated concurrently
with, and hereby adopted by, this notice (China CVD Initiation
Checklist), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Slag Pots
from the People's Republic of China (Attachment II). This checklist
is on file electronically via ACCESS.
\17\ See Attachment II of the China CVD Initiation Checklist.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(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.\18\ We relied on data provided by the
petitioner for purposes of measuring industry support.\19\
---------------------------------------------------------------------------
\18\ Id.
\19\ For further discussion, see Attachment II of the China CVD
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.\20\ 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).\21\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(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.\22\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(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.\23\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.\24\
---------------------------------------------------------------------------
\20\ Id.
\21\ Id.; see also section 702(c)(4)(D) of the Act.
\22\ See Attachment II of the China CVD Initiation Checklist.
\23\ Id.
\24\ Id.
---------------------------------------------------------------------------
Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from China exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\25\
---------------------------------------------------------------------------
\25\ For further information regarding negligibility and the
injury allegation, see China CVD Initiation Checklist at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering 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.\26\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, cumulation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\27\
---------------------------------------------------------------------------
\26\ Id.
\27\ Id.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of slag pots from China benefit from countervailable
subsidies conferred by the GOC. In accordance with section 703(b)(1) of
the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 65 days after the date of this
initiation.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 29 of the 32
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the China CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
In the Petition, the petitioner identified 11 companies in China as
producers and/or exporters of slag pots.\28\ Commerce intends to follow
its
[[Page 8270]]
standard practice in CVD investigations and calculate company-specific
subsidy rates in this investigation. In the event that Commerce
determines that the number of companies is large and it cannot
individually examine each company based on Commerce's resources,
Commerce normally selects mandatory respondents in CVD investigations
using U.S. Customs and Border Protection (CBP) entry data for U.S.
imports under the appropriate Harmonized Tariff Schedule of the United
States (HTSUS) subheading(s) listed in the ``Scope of the
Investigation'' in the appendix.
---------------------------------------------------------------------------
\28\ See Petition at Volume I (page 6 and Exhibit I-4); see also
First General Issues Supplement at 1.
---------------------------------------------------------------------------
On January 16, 2025, Commerce released CBP data on imports of slag
pots from China under administrative protective order (APO) to all
parties with access to information protected by APO and indicated that
interested parties wishing to comment on CBP data and/or respondent
selection must do so within three business days of the publication date
of the notice of initiation of this investigation.\29\ Comments must be
filed electronically using ACCESS. An electronically-filed document
must be received successfully in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------
\29\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated January 16, 2025.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 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.\30\ A
negative ITC determination will result in the investigation being
terminated.\31\ Otherwise, this CVD investigation will proceed
according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\30\ See section 703(a)(1) of the Act.
\31\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \32\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\33\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in this investigation.
---------------------------------------------------------------------------
\32\ See 19 CFR 351.301(b).
\33\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\34\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\35\
---------------------------------------------------------------------------
\34\ See 19 CFR 351.302.
\35\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\36\
Parties must use the certification formats provided in 19 CFR
351.303(g).\37\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\36\ See section 782(b) of the Act.
\37\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letters of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\38\
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\38\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
[[Page 8271]]
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. 2025-01794 Filed 1-27-25; 8:45 am]
BILLING CODE 3510-DS-P