[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46860-46861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11908]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-861, C-834-813, C-557-829]


Ferrosilicon From Brazil, Kazakhstan, and Malaysia: Postponement 
of Preliminary Determinations in the Countervailing Duty Investigations

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

DATES: Applicable May 30, 2024.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Laurel Smalley (Brazil), 
Peter Shaw (Kazakhstan), and Suresh Maniam (Malaysia), AD/CVD 
Operations, Offices I, VII, and VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
9068, (202) 482-3456, (202) 482-0697, or (202) 482-1603, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 17, 2024, the U.S. Department of Commerce (Commerce) 
initiated countervailing duty (CVD) investigations of imports of 
ferrosilicon from Brazil, Kazakhstan, Malaysia and the Russian 
Federation (Russia).\1\

[[Page 46861]]

Currently, the preliminary determinations are due no later than June 
21, 2024.
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    \1\ See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the 
Russian Federation: Initiation of Countervailing Duty 
Investigations, 89 FR 31133 (April 24, 2024).
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Postponement of Preliminary Determinations

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires Commerce to issue the preliminary determination in a 
countervailing duty investigation within 65 days after the date on 
which Commerce initiated the investigation. However, section 703(c)(1) 
of the Act permits Commerce to postpone the preliminary determination 
until no later than 130 days after the date on which Commerce initiated 
the investigation if: (A) the petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
    On May 17, 2024, the petitioners \2\ submitted a timely request 
that Commerce postpone the preliminary CVD determinations with respect 
to Brazil, Kazakhstan, and Malaysia.\3\ The petitioners stated that 
they request postponement because, due to the number and nature of the 
subsidy programs, the normal 65-day deadline for the preliminary 
determinations would not provide sufficient time for Commerce to 
adequately examine the amount of subsidies that producers and exporters 
of subject merchandise in Brazil, Kazakhstan, and Malaysia may have 
received.\4\
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    \2\ The petitioners are CC Metals and Alloys, LLC and Ferroglobe 
USA, Inc.
    \3\ See Petitioners' Letter, ``Petitioner's Request to Postpone 
the Deadline for the Preliminary Determination,'' dated May 17, 
2024. The petitioners did not request a postponement of the CVD 
investigation with respect to ferrosilicon from Russia.
    \4\ Id. at 2.
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    In accordance with 19 CFR 351.205(e), the petitioners stated the 
reasons for requesting a postponement of the preliminary determination, 
and Commerce finds no compelling reason to deny the request. Therefore, 
in accordance with section 703(c)(1)(A) of the Act, Commerce is 
postponing the deadline for the preliminary determinations to no later 
than 130 days after the date on which these investigations were 
initiated, i.e., August 26, 2024.\5\ Pursuant to section 705(a)(1) of 
the Act and 19 CFR 351.210(b)(1), the deadline for the final 
determinations of these investigations will continue to be 75 days 
after the date of the preliminary determinations.
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    \5\ Postponing the preliminary determination to 130 days after 
initiation would place the deadline on Sunday, August 25, 2024. 
Commerce's practice dictates that where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is the next 
business day. 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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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: May 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-11908 Filed 5-29-24; 8:45 am]
BILLING CODE 3510-DS-P