[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37021-37023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12048]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-823]


Silicomanganese From India: Preliminary Results of Antidumping 
Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that silicomanganese from India was sold in the United 
States at less than normal value during the period of review (POR) May 
1, 2021, through April 30, 2022. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable June 6, 2023.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, 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) 482-3148.

SUPPLEMENTARY INFORMATION: 

Background

    On May 23, 2002, Commerce published the antidumping duty order on 
silicomanganese from India.\1\ On May 24, 2022, Maithan Alloys Ltd. 
(MAL) requested an administrative review of itself.\2\ On July 14, 
2022, in accordance with 19 CFR 351.221(c)(i), Commerce initiated an 
administrative review of the Order, covering MAL.\3\ Pursuant to 
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), 
on January 9, 2023, Commerce determined that it was not practicable to 
complete the preliminary results of this review within 245 days and 
extended the deadline for the preliminary results of this review until 
May 31, 2023.\4\
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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 MAL's Letter, ``Request for Administrative Review of 
Antidumping Order A-533-823,'' dated May 24, 2022.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2022 Antidumping Duty Administrative Review,'' dated 
January 9, 2023.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary

[[Page 37022]]

Decision Memorandum.\5\ A list of topics discussed in the Preliminary 
Decision Memorandum is attached as an appendix to this notice. The 
Preliminary Decision Memorandum is a public document and is available 
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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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: 
Silicomanganese from India; 2021-2022,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The products covered by the Order are all forms, sizes and 
compositions of silicomanganese, except low-carbon silicomanganese, 
including silicomanganese briquettes, fines and slag. 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 
7202.99.5040. 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 (CBP) purposes, our 
written description of the scope remains dispositive. For a full 
description of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Act. We calculated export price in 
accordance with section 772(a) of the Act. For a full description of 
the methodology underlying these preliminary results, see the 
Preliminary Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine the following weighted-average dumping 
margin for the period May 1, 2021, through April 30, 2022.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Maithan Alloys Ltd.........................................        1.01
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon in determining the final results of 
review.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs to Commerce no 
later than seven days after the date on which the last verification 
report is issued in this administrative review. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than seven days after the date for filing case briefs.\6\ 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.\7\
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    \6\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 
17007 (March 26, 2020).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; (3) whether any 
participant is a foreign national; and (4) a list of issues the party 
intends to discuss. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a date 
and time to be determined.\8\
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    \8\ See 19 CFR 351.310(c).
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    All submissions should be filed using ACCESS,\9\ and must be served 
on interested parties.\10\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\11\ Parties are reminded 
that all briefs and hearing requests must be filed electronically using 
ACCESS and received successfully in their entirety by 5:00 p.m. Eastern 
Time on the due date.
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    \9\ See 19 CFR 351.303.
    \10\ See 19 CFR 351.303(f).
    \11\ 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 otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. Commerce intends to issue assessment instructions to CBP 
no earlier than 35 days after the date of publication of the final 
results of this administrative review in the Federal Register. If a 
timely summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).
    If MAL's weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.50 percent) in the final results of this review, 
Commerce intends to calculate importer-specific assessment rates on the 
basis of the ratio of the total amount of dumping calculated for each 
importer's examined sales to the total entered value of those sales. 
Where we do not have entered values for all U.S. sales to a particular 
importer, we will calculate an importer-specific, per-unit assessment 
rate on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total quantity of 
those sales.\12\ To determine whether an importer-specific, per-unit 
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), 
we also will calculate an importer-specific ad valorem ratio based on 
estimated entered values. If MAL's weighted-average dumping margin is 
zero or de minimis or where an importer-specific ad valorem assessment 
rate is zero or de minimis, we will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\13\
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by MAL for 
which it

[[Page 37023]]

did not know that the merchandise was destined for the United States, 
we intend to instruct CBP to liquidate those entries at the all-others 
rate in the original less-than-fair-value investigation if there is no 
rate for the intermediate company(ies) involved in the transaction.\14\
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    \14\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for 
MAL will be equal to the weighted-average dumping margin established in 
the final results of this review (except, if that rate is de minimis 
within the meaning of 19 CFR 351.106(c)(1), then the cash deposit rate 
will be zero); (2) for producers or exporters not covered in this 
review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently-completed segment of this proceeding in which 
they were reviewed; (3) if the exporter is not a firm covered in this 
review or a prior segment of the proceeding but the producer is, then 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 17.74 percent, the all-others rate 
established in the less-than-fair-value investigation.\15\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \15\ See Order, 86 FR at 22142.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h)(2) and 351.221(b)(4).

    Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

    List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation
V. Verification
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-12048 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P