[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Pages 13620-13622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05251]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-820]


Ferrosilicon From the Russian Federation: Preliminary 
Determination of Sales at Not Less Than Fair Value

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') preliminarily 
determines that ferrosilicon from the Russian Federation (``Russia'') 
is not being, nor is likely to be, sold in the United States at less 
than fair value (``LTFV''), as provided in section 733(b) of the Tariff 
Act of 1930, as amended (``the Act''). The period of investigation is 
July 1, 2012, through June 30, 2013. The estimated weighted-average 
dumping margins of sales at LTFV are listed in the ``Preliminary 
Determination'' section of this notice. Interested Parties are invited 
to comment on this preliminary determination. The final determination

[[Page 13621]]

will be issued not later than 75 days after publication of this 
preliminary determination in the Federal Register.

DATES: Effective Date: March 11, 2014.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6905.

SUPPLEMENTARY INFORMATION: On August 8, 2013, the Department initiated 
the antidumping duty investigation on ferrosilicon from Russia.\1\
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    \1\ See Ferrosilicon From the Russian Federation and Venezuela: 
Initiation of Antidumping Duty Investigations, 78 FR 49471 (August 
14, 2013).
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Scope of the Investigation

    The merchandise covered by this investigation is all forms and 
sizes of ferrosilicon, regardless of grade, including ferrosilicon 
briquettes. Ferrosilicon is a ferroalloy containing by weight four 
percent or more iron, more than eight percent but not more than 96 
percent silicon, three percent or less phosphorus, 30 percent or less 
manganese, less than three percent magnesium, and 10 percent or less 
any other element. The merchandise covered also includes product 
described as slag, if the product meets these specifications.
    Ferrosilicon is currently classified under U.S. Harmonized Tariff 
Schedule (``HTSUS'') subheadings 7202.21.1000, 7202.21.5000, 
7202.21.7500, 7202.21.9000, 7202.29.0010, and 7202.29.0050. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise is dispositive.

Tolling of Deadlines for Preliminary Determination

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\2\ Therefore, all 
deadlines in this investigation have been extended by 16 days. If the 
new deadline falls on a non-business day, in accordance with the 
Department's practice, the deadline will become the next business 
day.\3\ The tolled deadline for the preliminary determination of this 
investigation was January 13, 2014.
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    \2\ See ``Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, `Deadlines Affected by the 
Shutdown of the Federal Government,''' dated October 18, 2013.
    \3\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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Postponement of the Preliminary Determination

    Based on a timely request from Petitioners,\4\ on December 23, 
2013, the Department postponed the deadline for the preliminary 
determination by 50 days to March 4, 2014, pursuant to section 
733(c)(1)(A) of the Act and 19 CFR 351.205(e).\5\
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    \4\ Petitioners include the following: Globe Specialty Metals, 
Inc.; CC Metals and Alloys, LLC; the United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union; and the International Union, 
United Automobile, Aerospace and Agricultural Implement Workers of 
America.
    \5\ See Ferrosilicon From the Russian Federation and Venezuela: 
Postponement of Preliminary Determinations of Antidumping Duty 
Investigations, 78 FR 77423 (December 23, 2013).
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Methodology

    The Department conducted this investigation in accordance with 
section 731 of the Act. Constructed export prices have been calculated 
in accordance with section 772 of the Act. Normal value has been 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.\6\ The Preliminary 
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 (``IA ACCESS''). IA ACCESS 
is available to registered users at https://iaaccess.trade.gov, and is 
available to all parties in the Department's Central Records Unit, 
located at room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \6\ See ``Decision Memorandum for Preliminary Determination of 
the Antidumping Duty Investigation of Ferrosilicon from the Russian 
Federation (`Russia'),'' from Christian Marsh, Deputy Assistant 
Secretary for Enforcement and Compliance, to Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, dated concurrently with 
this determination and hereby adopted by this notice (``Preliminary 
Decision Memorandum'').
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Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                   margin  (percent)
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RFA International LP \7\............................                0.00
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    Consistent with section 733(d)(1)(A) of the Act, the Department has 
not calculated a weighted-average dumping margin for all other 
producers or exporters because it has not made an affirmative 
preliminary determination of sales at less than fair value.

Suspension of Liquidation

    Because this preliminary determination is negative, we are not 
directing U.S. Customs and Border Protection to suspend liquidation of 
entries of ferrosilicon from Russia.

Disclosure and Public Comment

    The Department will disclose the calculations performed to parties 
in this investigation within five days of the date of publication of 
this notice, consistent with 19 CFR 351.224(b).
    Interested parties are invited to comment on the preliminary 
determination of this investigation. Case briefs may be submitted to 
the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this proceeding.\8\ Rebuttal briefs, limited to issues raised 
in case briefs, may be submitted no later than five days after the 
deadline date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and 
(d)(2), parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \7\ We preliminarily determine that RFA International LP, 
Chelyabinsk Electrometallurgical Integrated Plant Joint Stock 
Company, and JSC Kuznetskie Ferrosplavy comprise a single entity. 
See Preliminary Decision Memorandum. Therefore, the weighted-average 
margin applies to the single entity comprised of these three 
companies.
    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce. An electronically filed 
document must be received successfully in its entirety in IA ACCESS by 
5 p.m. Eastern Standard

[[Page 13622]]

Time within 30 days after the date of publication of this notice.\10\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. If a request for a hearing is made, the Department will 
inform parties of the scheduled time and date for the hearing, which 
will be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230. Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \10\ See 19 CFR 351.310(c).
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U.S. International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our preliminary negative determination of sales at LTFV. If our 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after our final determination whether these imports are 
materially injuring, or threaten material injury to, the U.S. industry.
    This determination is issued and published pursuant to sections 
733(f) and 777(i)(1) of the Act.

    Dated: March 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum.
1. Background
2. Scope of the Investigation
3. Scope Comments
4. Respondent Selection
5. Voluntary Respondent Selection
6. Affiliation and Single Entity Determination
7. Determination of Comparison Method
a. Differential Pricing Analysis
b. Results of the Differential Pricing Analysis
8. Discussion of Methodology
    a. Fair Value Comparisons
    b. Product Comparisons
    c. Date of Sale
    d. Constructed Export Price
9. Normal Value
    a. Comparison Market Viability
    b. Affiliated Party Transactions and Arm's Length Test
    c. Level of Trade
    d. Cost of Production
    e. Calculation of COP
    f. Test of Comparison Market Sales Prices
    g. Results of COP Test
    h. Calculation of Normal Value based on Comparison Market Prices
10. Currency Conversion
11. Verification


[FR Doc. 2014-05251 Filed 3-10-14; 8:45 am]
BILLING CODE 3510-DS-P