[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85589-85590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26938]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-823]
Silicomanganese From India: Final 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) 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.
DATES: Applicable December 8, 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 June 6, 2023, Commerce published its preliminary results in the
2021-2022 administrative review of the antidumping duty order on
silicomanganese from India and invited interested parties to
comment.\1\ The review covers one mandatory respondent, Maithan Alloys
Limited (MAL). A summary of the events that occurred since publication
of the Preliminary Results, as well as a full discussion of the issues
raised by parties for these final results, are discussed in the Issues
and Decision Memorandum.\2\ Commerce conducted this administrative
review in accordance with section 751(a)(1)(B) of the Tariff Act of
1930, as amended (the Act).
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\1\ See Silicomanganese from India: Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022, 88 FR 37021 (June
6, 2023) (Preliminary Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Silicomanganese from India; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Issues and 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 complete
description of the scope of the order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed in the
appendix to this notice.
[[Page 85590]]
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 Decision Memorandum can
be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties, Commerce has made no changes to the margin calculations for
MAL.
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period May 1, 2022, through April 30, 2022.
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Weight-
average
Exporter/producer dumping
margin
(percent)
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Maithan Alloys Limited..................................... 1.01
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Disclosure
We have not made changes to the margin calculations for MAL in
these final results of review. Consequently, there are no new
calculations to disclose in accordance with 19 CFR 351.224(b) for these
final results of review.
Assessment Rates
Commerce has determined, and CBP shall assess, antidumping duties
on all appropriate entries in this review, in accordance with section
751(a)(2)(C) of the Act and 19 CFR 351.212(b). Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of these final results 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).
Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise during the POR produced by
the above-referenced respondent for which they did not know the
merchandise was destined for the United States, we will instruct CBP to
liquidate such entries at the all-others rate established in the less-
than-fair-value (LTFV) investigation of 17.74 percent ad valorem if
there is no rate for the intermediate company(ies) involved in the
transaction.\3\
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\3\ 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 publication date of the final results
of this administrative review as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rate for the company listed above will be
equal to the weighted-average dumping margin established in the final
results of the review; (2) for subject merchandise exported by a
company not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review or the original LTFV investigation, but the producer is, then
the cash deposit rate will be the rate established in the completed
segment for the most recent period for the producer of the subject
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 17.74 percent ad valorem, the all-others
rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final 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 POR. 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.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and
351.221(b)(5).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Commerce's Acceptance of MAL's ``Third and Fourth''
Cost Reconciliations
Comment 2: Whether MAL's Second Revised Cost Reconciliation
Remains Unusable
Comment 3: Application of Adverse Facts Available (AFA) as a
Result of MAL Failing to Submit a Usable Cost Reconciliation
Comment 4: The Reliability of MAL's Home Market Sales Database
Comment 5: Application of AFA as a Result of MAL Failing to
Submit a Usable Home Market Sales Database
Comment 6: MAL's Adjustment to Its Product-Specific Cost
Calculations
VI. Recommendation
[FR Doc. 2023-26938 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-DS-P