[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64006-64007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22873]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-823]


Silicomanganese From India: Notice of Initiation and Preliminary 
Results of Antidumping Duty Changed Circumstances Review

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

SUMMARY: In response to request for a changed circumstances review 
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR 
of the antidumping duty (AD) order on silicomanganese from India. 
Additionally, Commerce preliminary determines that NAVA Limited (NAVA) 
is the successor-in-interest to Nava Bharat Ventures Limited (NBVL). 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable October 21, 2022.

FOR FURTHER INFORMATION CONTACT: Daniel Alexander, 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) 482-4313.

SUPPLEMENTARY INFORMATION:

Background

    On May 23, 2002, Commerce published the AD order on silicomanganese 
from India.\1\ On September 1, 2022, NAVA, an Indian producer and 
exporter of subject merchandise, requested that Commerce conduct an 
expedited CCR of the Order to determine that NAVA is the successor-in-
interest to NBVL, and publish the preliminary results of the review 
simultaneously with the initiation of the CCR.\2\ In its submission, 
NAVA addressed the basic factors Commerce analyzes with respect to 
successor-in-interest determinations in the AD context and provided 
supporting documentation.\3\ No interested parties filed comments 
opposing the CCR request.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
than Fair Value and Antidumping Duty Orders: Silicomanganese from 
India, Kazakhstan, and Venezuela, 67 FR 36149 (May 23, 2002) 
(Order).
    \2\ See NAVA's Letter, ``Silicomanganese from India: NAVA 
Limited request for Successor-in-Interest CCR and Simultaneous 
Affirmative Preliminary Determination,'' dated September 1, 2022 
(NAVA's CCR Request).
    \3\ Id.
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Scope of the Order

    The merchandise covered by the Order is all forms, sizes, and 
compositions of silicomanganese, except low-carbon silicomanganese, 
including silicomanganese briquettes, fines and slag. Silicomanganese 
is a ferroalloy composed principally of manganese, silicon, and iron, 
and normally contains much smaller proportions of minor elements, such 
as carbon, phosphorous and sulfur. Silicomanganese is sometimes 
referred to as ferrosilicon manganese. Silicomanganese is used 
primarily in steel production as a source of both silicon and 
manganese. Silicomanganese generally contains by weight not less than 4 
percent iron, more than 30 percent manganese, more than 8 percent 
silicon and not more than 3 percent phosphorous. Silicomanganese is 
properly classifiable under subheading 7202.30.0000 of the Harmonized 
Tariff Schedule of the United States (HTSUS). Some silicomanganese may 
also be classified under HTSUS subheading. This scope covers all 
silicomanganese, regardless of its tariff classification. Although the 
HTSUS subheadings are provided for convenience and U.S. Customs and 
Border Protection purposes, our written description of the scope 
remains dispositive.
    The low-carbon silicomanganese excluded from this scope is a 
ferroalloy with the following chemical specifications: minimum 55 
percent manganese, minimum 27 percent silicon, minimum 4 percent iron, 
maximum 0.10 percent phosphorus, maximum 0.10 percent carbon and 
maximum 0.05 percent sulfur. Low-carbon silicomanganese is used in the 
manufacture of stainless steel and special carbon steel grades, such as 
motor lamination-grade steel, requiring a very low carbon content. It 
is sometimes referred to as ferromanganese-silicon. Low-carbon 
silicomanganese is classifiable under HTSUS subheading 7202.99.8040.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), when Commerce receives information concerning, or a request 
from an interested party for a review of, a final affirmative 
determination that resulted in an AD order, which shows changed 
circumstances sufficient to warrant a review of an order, Commerce 
shall conduct a changed circumstances review of the order.\4\ In 
accordance with 19 CFR 351.216(d), Commerce determines that the 
information submitted by NAVA, supporting its claim that it is 
successor-in-interest to NBVL, demonstrates changed circumstances 
sufficient to initiate a review of the Order.\5\
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    \4\ See 19 CFR 351.216(d).
    \5\ See NAVA's CCR Request.
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    The information submitted by NAVA demonstrates that its request is 
based solely on a change in the name of the company from ``Nava Bharat 
Ventures Limited'' to ``NAVA Limited,'' approved by its board of 
directors on May 16, 2022.\6\ Moreover, the evidence submitted by NAVA 
demonstrates that it is still otherwise the same business

[[Page 64007]]

entity as NBVL, with no changes made in the companies' structure, 
operations, key personnel, production facilities, suppliers, or 
customers as a result of the name change.\7\ Therefore, in accordance 
with the regulation referenced above, Commerce is initiating a CCR to 
determine whether NAVA is the successor-in-interest to NBVL.
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    \6\ Id. at 1-2.
    \7\ Id. at 5-6.
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Preliminary Results

    Commerce is permitted by 19 CFR 351.221(c)(3)(ii) to combine the 
notice of initiation of a CCR and the preliminary results if Commerce 
concludes that expedited action is warranted. In this instance, because 
the record contains information necessary to make a preliminary 
finding, we find that expedited action is warranted and have combined 
the notice of initiation and the preliminary results.
    Accordingly, pursuant to section 751(b) of the Act, we have 
conducted a successor-in-interest analysis in response to NAVA's 
request. In making a successor-in-interest determination in an AD CCR, 
Commerce examines several factors, including, but not limited to, 
changes in the following: (1) management and ownership; (2) production 
facilities; (3) supplier relationships; and (4) customer base.\8\ While 
no single factor or combination of factors will necessarily provide a 
dispositive indication of a successor-in-interest relationship, 
generally, Commerce will consider the new company to be the successor 
to the previous company if the new company's resulting operations are 
not materially dissimilar to that of its predecessor.\9\ Thus, if the 
evidence demonstrates that, with respect to the production and sales of 
the subject merchandise, the new company operates as essentially the 
same business entity as the former company, Commerce will assign the 
new company the cash deposit rate of its predecessor.\10\
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    \8\ See, e.g., Certain Frozen Warmwater Shrimp from India: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 83 FR 37784 (August 2, 2018), unchanged in 
Certain Frozen Warmwater Shrimp from India: Notice of Final Results 
of Antidumping Duty Changed Circumstances Review, 83 FR 49909 
(October 3, 2018).
    \9\ Id.
    \10\ See, e.g., Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Certain Frozen 
Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012), 
unchanged in Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619 
(December 11, 2012); see also Notice of Initiation and Preliminary 
Results of Changed Circumstances Reviews: Certain Passenger Vehicle 
and Light Truck Tires from the People's Republic of China, 85 FR 
5193 (January 29, 2020), unchanged in Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China: Final Results 
of Changed Circumstances Reviews, 85 FR 14638 (March 13, 2020).
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    In its CCR request, NAVA provided evidence demonstrating that its 
operations are not materially dissimilar from those of NBVL. Based on 
the record, we preliminarily determine that NAVA is the successor-in-
interest to NBVL, as the change in the business' name was not 
accompanied by significant changes to its management and ownership, 
production, facilities, supplier relationships, or customer base. Thus, 
we preliminarily determine that NAVA operates as essentially the same 
business entity as NBVL, NAVA is the successor-in-interest to NVBL, and 
NAVA should receive the same AD cash deposit rate with respect to 
subject merchandise as its predecessor, NVBL. For a complete discussion 
of the information that NAVA provided, and the complete successor-in-
interest analysis, see the Preliminary Decision Memorandum.\11\ A list 
of topics discussed in the Preliminary Decision Memorandum is included 
as the appendix to this notice. The Preliminary 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 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \11\ See Memorandum, ``Silicomanganese from India: Initiation 
and Preliminary Results of Changed Circumstances Review,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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    Should our final results remain unchanged from these preliminary 
results, we will instruct U.S. Customs and Border Protection to assign 
entries of subject merchandise exported by NAVA the AD cash deposit 
rate applicable to NBVL. Commerce will issue its final results of the 
review in accordance with the time limits set forth in 19 CFR 
351.216(e).

Public Comment

    Any interested party may request a hearing within 14 days of 
publication of this notice, in accordance with 19 CFR 351.310(c).\12\ 
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may 
submit case briefs not later than 14 days after the date of publication 
of this notice.\13\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed not later than seven days after the case 
briefs.\14\ Parties who submit case briefs or rebuttal briefs in this 
CCR are requested to submit with each argument: (1) a statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\15\ All submissions must be filed electronically using 
ACCESS.\16\ An electronically-filed document must be received 
successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time on 
the date it is due.\17\ Note that Commerce has temporarily modified 
certain requirements for serving documents containing business 
proprietary information, until further notice.\18\
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    \12\ Commerce is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \13\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \14\ Commerce is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for the filing of rebuttal 
briefs.
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See generally 19 CFR 351.303.
    \17\ See 19 CFR 351.303(b)
    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Unless extended, Commerce will issue the final results of this CCR 
in accordance with the time limits set forth in 19 CFR 351.216(e).

Notification to Interested Parties

    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) of 
the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: October 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the Changed Circumstances 
Review
V. Successor-in-Interest Determination
VI. Recommendation

[FR Doc. 2022-22873 Filed 10-20-22; 8:45 am]
BILLING CODE 3510-DS-P