88 FR 235 pgs. 85589-85590 - Silicomanganese From India: Final Results of Antidumping Duty Administrative Review; 2021–2022
Type: NOTICEVolume: 88Number: 235Pages: 85589 - 85590
Pages: 85589, 85590Docket number: [A–533–823]
FR document: [FR Doc. 2023–26938 Filed 12–7–23; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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).
Footnotes:
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).
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
[top] 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.
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.
| Exporter/producer | Weight- average dumping margin (percent) |
|---|---|
| Maithan Alloys Limited | 1.01 |
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
Footnotes:
3 ?For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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]
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