[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49152-49154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12743]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-823]


Silicomanganese From India: Preliminary Results of Antidumping 
Duty Administrative Review and Intent To Rescind, in Part; 2022-2023

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, 2022, through April 30, 2023. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable June 11, 2024.

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 19, 2023, Commerce received a 
timely request to conduct an administrative review of the Order from 
Maithan Alloys Limited (MAL),\2\ and on May 31, 2023, Eramet Marietta, 
Inc. (the petitioner) requested a review of MAL and Rajadhiraj Tirupani 
Vinayak Natraj Pvt. Ltd. (RTVN).\3\ On July 12, 2023, in accordance 
with 19 CFR 351.221(c)(i), Commerce initiated an administrative review 
of MAL and RTVN.\4\ Pursuant to section 751(a)(3)(A) of the Tariff Act 
of 1930, as amended (the Act), on January 26, 2024, Commerce extended 
the deadline for the preliminary results of this review until May 23, 
2024.\5\
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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 on behalf of Maithan Alloys Limited,'' dated May 
19, 2023.
    \3\ See Petitioner's Letter, ``Request for Administrative Review 
of Antidumping Duty Order,'' dated May 31, 2023.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022).
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated January 
26, 2024.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
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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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: 
Silicomanganese from India; 2022-2023,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).

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[[Page 49153]]

Scope of the Order

    The products covered by this Order are all forms, sizes and 
compositions of silicomanganese, except low-carbon silicomanganese. For 
a full description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Intent To Rescind, in Part

    As explained in the Preliminary Decision Memorandum, Commerce finds 
that RTVN had no suspended entries of subject merchandise and, 
therefore, pursuant to 19 CFR 351.213(d)(3), we intend to rescind the 
review with respect to RTVN.

Methodology

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

Preliminary Results of the Review

    We preliminarily determine the following estimated weighted-average 
dumping margin for the period May 1, 2022, through April 30, 2023:

 
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Maithan Alloys Limited.....................................         1.71
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Disclosure and Public Comment

    Commerce intends to disclose its calculations performed to 
interested parties for these preliminary results within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of this notice in the Federal 
Register in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\7\ Commerce will 
notify interested parties of the deadline for submission of case 
briefs. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\8\ Interested parties who submit case briefs or rebuttal briefs 
in this proceeding must submit: (1) a table of contents listing each 
issue; and (2) a table of authorities.\9\
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    \7\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for 
general filing requirements.
    \8\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\10\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this investigation. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\11\
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    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \11\ See APO and Service Procedures.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically, using ACCESS. Hearing requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the case and rebuttal 
briefs. An electronically filed request must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days of 
the publication date of this notice. If a request for a hearing is 
made, parties will be notified of the time and date of the hearing.\12\
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    \12\ See 19 CFR 351.310(d).
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Final Results of Review

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised by the parties in any written briefs, no 
later than 120 days after the date of publication of these preliminary 
results.

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.\13\ 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.\14\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ 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 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

[[Page 49154]]

investigation (i.e., 17.74 percent) if there is no rate for the 
intermediate company(ies) involved in the transaction.\15\
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    \15\ 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.\16\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \16\ See Order, 86 FR at 7530.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 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.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind, In Part
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2024-12743 Filed 6-10-24; 8:45 am]
BILLING CODE 3510-DS-P