80 FR 57787 - Silicomanganese From Australia: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 186 (September 25, 2015)
International Trade Administration
Federal Register Volume 80, Issue 186 (September 25, 2015)
| Page Range | 57787-57789 | |
| FR Document | 2015-24449 |
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)] [Notices] [Pages 57787-57789] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24449] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-602-808] Silicomanganese From Australia: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``Department'') preliminarily determines that silicomanganese from Australia is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733(b) of the Tariff Act of 1930, as amended (the ``Act''). The period of investigation is January 1, 2014 through December 31, 2014. The estimated weighted-average dumping margins are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: September 25, 2015. FOR FURTHER INFORMATION CONTACT: Magd Zalok or Robert Bolling, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4162 or (202) 482-3434, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this investigation on March 17, 2015.\1\ Pursuant to section 733(c)(1)(A) of the Act, the Department postponed this preliminary LTFV determination by a period of 50 days.\2\ --------------------------------------------------------------------------- \1\ See Silicomanganese From Australia: Initiation of Less-Than- Fair-Value Investigation, 80 FR 13829 (March 17, 2015). \2\ See Silicomanganese From Australia: Postponement of Preliminary Determination of Antidumping Duty Investigation, 80 FR 35304 (June 19, 2015). --------------------------------------------------------------------------- [[Page 57788]] Scope of the Investigation The scope of this investigation covers 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''). Low-carbon silicomanganese is excluded from the scope of this investigation. Low- carbon silicomanganese is classifiable under HTSUS subheading 7202.30.0000. The HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope is dispositive. A full description of the scope of the investigation is contained in the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public 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, and is available to all parties in the Department's Central Records Unit, located at room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum\3\ can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ See Memorandum to Ronald K. Lorentzen, ``Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Silicomanganese from Australia,'' dated concurrently with this notice. A list of the topics discussed in the Preliminary Decision Memorandum appears in Appendix I, below. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. All Others Rate Section 735(c)(5)(A) of the Act provides that the estimated ``all others'' rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis, or determined based entirely under section 776 of the Act, the Department may use any reasonable method to establish the estimated dumping margin for all other producers or exporters. We based our calculation of the ``All Others'' rate on the margin calculated for Tasmanian Electro Metallurgical Company Pty Ltd. (``TEMCO''), the only mandatory respondent in this investigation. Preliminary Determination The Department preliminarily determines that the following weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted-average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ Tasmanian Electro Metallurgical Company Pty Ltd..... 11.93 All Others.......................................... 11.93 ------------------------------------------------------------------------ Disclosure and Public Comment We will disclose the calculations performed within five days of any public announcement of this notice 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 no later than seven days after the date on which the final verification report is issued in this proceeding. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\4\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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. --------------------------------------------------------------------------- \4\ See 19 CFR 351.309. --------------------------------------------------------------------------- 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 within 30 days of the date of publication of this notice. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues parties intend 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, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined. See 19 CFR 351.310(d). Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures We received a request from the mandatory respondent, TEMCO, that we postpone the final determination and extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a six-month period. Accordingly, we are postponing our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\5\ The suspension of liquidation described below will be extended accordingly.\6\ --------------------------------------------------------------------------- \5\ See 19 CFR 351.210(b)(2) and (e); See also See Letter from TEMCO, ``Silicomanganese from Australia: Request for Postponement of Final Determination,'' dated September 8, 2015. \6\ Id. --------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we are directing U.S. Customs and Border Protection (``CBP'') to suspend liquidation of all entries of silicomanganese from Australia as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), we will instruct CBP to require a cash deposit equal to the weighted- average amount by which the NV exceeds CEP as [[Page 57789]] indicated in the chart above.\7\ These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \7\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- International Trade Commission (``ITC'') Notification In accordance with section 733(f) of the Act, we will notify the ITC of our preliminary affirmative determination of sales at LTFV. Because the preliminary determination in this proceeding is affirmative, section 735(b)(2) of the Act requires that the ITC make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of silicomanganese from Australia before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. Because we are postponing the deadline for our final determination to 135 days from the date of publication of this preliminary determination, as discussed above, the ITC will make its final determination no later than 45 days after our final determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: September 17, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I--List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Period of Investigation 4. Postponement of Preliminary Determination 5. Postponement of Final Determination and Extension of Provisional Measures 6. Scope of the Investigation 7. Scope Comments 8. Discussion of Methodology Fair Value Comparisons A. Determination of Comparison Method B. Results of the Differential Pricing Analysis 9. Product Comparisons 10. Date of Sale 11. Constructed Export Price 12. Normal Value A. Comparison Market Viability B. Affiliated Party Transactions and Arm's-Length Test C. Level of Trade D. Cost of Production (COP) a. Calculation of COP b. Test of Comparison Market Sales Prices c. Results of the COP Test E. Calculation of Normal Value Based on Comparison Market Prices F. Calculation of Normal Value Based on CV 13. Currency Conversion 14. U.S. International Trade Commission Notification 15. Disclosure and Public Comments 16. Verification 17. Conclusion [FR Doc. 2015-24449 Filed 9-24-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices 57787
a first come, first serve basis. To join the Agenda For more information, call Yvette
conference, submit inquiries to Ms. Springer at (202) 482–2813.
Thursday, October 15
Yvette Springer at Yvette.Springer@ Dated: September 21, 2015.
bis.doc.gov, no later than October 21, Open Session Yvette Springer,
2015. 1. Welcome and Introductions
A limited number of seats will be Committee Liaison Officer.
2. Discussion and Reports— [FR Doc. 2015–24390 Filed 9–24–15; 8:45 am]
available for the public session. Wassenaar Arrangement 2013 Plenary
Reservations are not accepted. To the Agreements Implementation: Intrusion
BILLING CODE 3510–JT–P
extent time permits, members of the and Surveillance items proposed
public may present oral statements to technology control under ECCN 4E001.c
the Committee. The public may submit DEPARTMENT OF COMMERCE
3. Background of the Proposed Rule
written statements at any time before or 4. Review of Public Comments on the International Trade Administration
after the meeting. However, to facilitate Proposed Rule
distribution of public presentation 5. Presentations by industry and
materials to Committee members, the [A–602–808]
individuals on proposed ECCN 4E001.c
Committee suggests that public entry to control ‘‘technology for the Silicomanganese From Australia:
presentation materials or comments be development of intrusion software’’ Preliminary Affirmative Determination
forwarded before the meeting to Ms. 6. Comments from the Public of Sales at Less Than Fair Value and
Springer. participating in person or by telephone
The Assistant Secretary for Postponement of Final Determination
7. Presentation on CRISPR/Cas9
Administration, with the concurrence of concept of editing genes AGENCY: Enforcement and Compliance,
the delegate of the General Counsel, 8. Continued discussions on ECCN International Trade Administration,
formally determined on March 23, 2015, 4E001.c Department of Commerce.
pursuant to section 10(d) of the Federal
Advisory Committee Act, as amended (5 Friday, October 16 SUMMARY: The Department of Commerce
U.S.C. app. 2 (l0)(d))), that the portion Closed Session (‘‘Department’’) preliminarily
of the meeting concerning trade secrets determines that silicomanganese from
and commercial or financial information 9. Discussion of matters determined to Australia is being, or is likely to be, sold
deemed privileged or confidential as be exempt from the provisions relating in the United States at less than fair
described in 5 U.S.C. 552b(c)(4) and the to public meetings found in 5 U.S.C. value (‘‘LTFV’’), as provided in section
portion of the meeting concerning app. 2 sections 10(a)(1) and l0(a)(3). 733(b) of the Tariff Act of 1930, as
The open sessions will be accessible amended (the ‘‘Act’’). The period of
matters the disclosure of which would
via teleconference to 25 participants on investigation is January 1, 2014 through
be likely to frustrate significantly
a first come, first serve basis. To join the December 31, 2014. The estimated
implementation of an agency action as
conference, submit inquiries to Ms. weighted-average dumping margins are
described in 5 U.S.C. 552b(c)(9)(B) shall
Yvette Springer at Yvette.Springer@ shown in the ‘‘Preliminary
be exempt from the provisions relating
bis.doc.gov no later than, October 8, Determination’’ section of this notice.
to public meetings found in 5 U.S.C.
2015. Interested parties are invited to
app. 2 sections 10(a)(1) and l0(a)(3). The
A limited number of seats will be comment on this preliminary
remaining portions of the meeting will
available for the public session. determination.
be open to the public.
For more information, call Yvette Reservations are not accepted. To the
extent that time permits, members of the DATES: Effective Date: September 25,
Springer at (202) 482–2813.
public may present oral statements to 2015.
Dated: September 21, 2016. the Committee. The public may submit
Yvette Springer, FOR FURTHER INFORMATION CONTACT:
written statements at any time before or
Committee Liaison Officer.
Magd Zalok or Robert Bolling, AD/CVD
after the meeting. However, to facilitate
Operations, Office IV, Enforcement and
[FR Doc. 2015–24365 Filed 9–24–15; 8:45 am] the distribution of public presentation
Compliance, International Trade
BILLING CODE 3510–JT– P materials to the Committee members,
Administration, U.S. Department of
the Committee suggests that presenters
Commerce, 14th Street and Constitution
forward the public presentation
DEPARTMENT OF COMMERCE Avenue NW., Washington, DC 20230;
materials prior to the meeting to Ms.
telephone: (202) 482–4162 or (202) 482–
Springer via email.
Bureau of Industry and Security 3434, respectively.
The Assistant Secretary for
Administration, with the concurrence of SUPPLEMENTARY INFORMATION:
Emerging Technology and Research
the delegate of the General Counsel, Background
Advisory Committee; Notice of
formally determined on February 25,
Partially Closed Meeting
2015, pursuant to section l0(d) of the The Department published the notice
The Emerging Technology and Federal Advisory Committee Act, as of initiation of this investigation on
Research Advisory Committee (ETRAC) amended, that the portion of the March 17, 2015.1 Pursuant to section
will meet on October 15–16, 2015, 8:45 meeting dealing with matters the of 733(c)(1)(A) of the Act, the Department
a.m., Room 3884, at the Herbert C. which would be likely to frustrate postponed this preliminary LTFV
mstockstill on DSK4VPTVN1PROD with NOTICES
Hoover Building, 14th Street between significantly implementation of a determination by a period of 50 days.2
Pennsylvania and Constitution Avenues proposed agency action as described in
NW., Washington, DC. The Committee 5 U.S.C. 552b(c) (9) (B) shall be exempt 1 See Silicomanganese From Australia: Initiation
advises the Office of the Assistant from the provisions relating to public of Less-Than-Fair-Value Investigation, 80 FR 13829
Secretary for Export Administration on meetings found in 5 U.S.C. app. 2 (March 17, 2015).
2 See Silicomanganese From Australia:
emerging technology and research sections 10(a)1 and 10(a) (3). The Postponement of Preliminary Determination of
activities, including those related to remaining portions of the meeting will Antidumping Duty Investigation, 80 FR 35304 (June
deemed exports. be open to the public. 19, 2015).
VerDate Sep<11>2014 19:58 Sep 24, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\25SEN1.SGM 25SEN1](https://thefederalregister.org/doc/80_FR_57973/page/1.svg)
![Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices 57789
indicated in the chart above.7 These E. Calculation of Normal Value Based on the final judgment in this case is not in
suspension of liquidation instructions Comparison Market Prices harmony with the Department’s
will remain in effect until further notice. F. Calculation of Normal Value Based on amended final results of review and is
CV
13. Currency Conversion
amending the AR 1 Final Results with
International Trade Commission
14. U.S. International Trade Commission respect to the margin determined for
(‘‘ITC’’) Notification
Notification Jiangsu Chengde Steel Tube Share Co.,
In accordance with section 733(f) of 15. Disclosure and Public Comments Ltd. (‘‘Chengde’’), an exporter and
the Act, we will notify the ITC of our 16. Verification producer of subject merchandise.
preliminary affirmative determination of 17. Conclusion
DATES: Effective Date: September 7,
sales at LTFV. Because the preliminary [FR Doc. 2015–24449 Filed 9–24–15; 8:45 am]
2015.
determination in this proceeding is BILLING CODE 3510–DS–P
affirmative, section 735(b)(2) of the Act FOR FURTHER INFORMATION CONTACT: Paul
requires that the ITC make its final Stolz, Office III, Enforcement and
determination as to whether the DEPARTMENT OF COMMERCE Compliance, International Trade
domestic industry in the United States Administration, U.S. Department of
International Trade Administration Commerce, 14th Street and Constitution
is materially injured, or threatened with
material injury, by reason of imports of [A–570–943] Avenue NW., Washington, DC 20230;
silicomanganese from Australia before telephone: (202) 482–4474.
the later of 120 days after the date of this Certain Oil Country Tubular Goods
SUPPLEMENTARY INFORMATION:
preliminary determination or 45 days From the People’s Republic of China;
Subsequent to the publication of the AR
after our final determination. Because Notice of Court Decision Not in
1 Final Results, Chengde filed a
we are postponing the deadline for our Harmony With Final Results of
complaint with the CIT challenging
final determination to 135 days from the Administrative Review and Notice of
aspects of the methodology used to
date of publication of this preliminary Amended Final Results of
determine its margin in the AR 1 Final
determination, as discussed above, the Administrative Review Pursuant to
Court Decision Results.
ITC will make its final determination no On September 26, 2014, the CIT
later than 45 days after our final AGENCY: Enforcement and Compliance, issued the Remand Order, instructing
determination. International Trade Administration, the Department to re-visit its decision to
This determination is issued and Department of Commerce. value most of Chengde’s billet as alloy
published in accordance with sections SUMMARY: On August 28, 2015, the steel in the underlying review.
733(f) and 777(i)(1) of the Act and 19 United States Court of International Specifically with respect to Chengde’s
CFR 351.205(c). Trade (‘‘CIT’’) issued its final judgment 1 billets, the Court instructed the
Dated: September 17, 2015. sustaining the Department of Department to: (1) Reevaluate the
Ronald K. Lorentzen, Commerce’s (the ‘‘Department’’) chemical composition of OCTG sold in
redetermination 2 issued pursuant to the certain contracts, (2) explain whether
Acting Assistant Secretary for Enforcement
and Compliance.
CIT’s remand order in American Chengde’s mill test certificates prove the
Tubular Products, LLC v. United States, chemical properties of OCTG not
Appendix I—List of Topics Discussed in Ct. No. 13–00029, Slip Op. 14–116 (CIT specifically covered by those
the Preliminary Decision Memorandum September 26, 2014) (‘‘Remand Order’’), certificates, (3) assess whether
1. Summary with respect to the Department’s Chengde’s entry summary as provided
2. Background amended final results 3 of the 2010– in American Tubular Products, LLC’s
3. Period of Investigation 2011 antidumping duty administrative application to receive information under
4. Postponement of Preliminary review of certain oil country tubular administrative protective order proves
Determination goods (‘‘OCTG’’) from the People’s that the OCTG in one contract was
5. Postponement of Final Determination and Republic of China. Consistent with the comprised of carbon steel, and (4)
Extension of Provisional Measures decision of the United States Court of recalculate the percentage of Chengde’s
6. Scope of the Investigation Appeals for the Federal Circuit
7. Scope Comments
steel billets that were alloy steel or
(‘‘CAFC’’) in Timken Co. v. United carbon steel in accordance with this
8. Discussion of Methodology
Fair Value Comparisons States, 893 F.2d 337 (Fed. Cir. 1990) analysis.4 In addition, at the
A. Determination of Comparison Method (‘‘Timken’’), as clarified by Diamond Department’s request, the CIT remanded
B. Results of the Differential Pricing Sawblades Mfrs. Coalition v. United the additional issue of the surrogate
Analysis States, 626 F.3d 1374 (Fed. Cir. 2010) value used to value carbon steel billets
9. Product Comparisons (‘‘Diamond Sawblades’’), the to reconsider whether it is aberrational.5
10. Date of Sale Department is notifying the public that On January 28, 2015, the Department
11. Constructed Export Price
12. Normal Value
issued its Remand Redetermination.
1 See American Tubular Products., LLC v. United
A. Comparison Market Viability Consistent with the CIT’s instructions in
States, Court No. 13–00029, Slip Op. 15–98 (CIT
B. Affiliated Party Transactions and Arm’s- August 28, 2015) (‘‘ATP’’). the Remand Order, the Department
Length Test 2 See Final Results of Redetermination Pursuant recalculated the total quantity of carbon
C. Level of Trade to Court Remand, American Tubular Products, LLC steel billets consumed by Chengde to
D. Cost of Production (COP) v. United States, Court No. 13–00029 (January 28, produce subject merchandise during the
2015) (‘‘Remand Redetermination’’).
mstockstill on DSK4VPTVN1PROD with NOTICES
a. Calculation of COP period of review and explained why the
3 See Certain Oil Country Tubular Goods From
b. Test of Comparison Market Sales Prices surrogate value used for carbon steel
c. Results of the COP Test the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010– billets in the AR 1 Final Results was not
2011, 77 FR 74644 (December 17, 2012), as aberrational.6
7 See Modification of Regulations Regarding the amended by, Certain Oil Country Tubular Goods
Practice of Accepting Bonds During the Provisional From the People’s Republic of China: Amended
4 See Remand Order at 14.
Measures Period in Antidumping and Final Results of Antidumping Duty Administrative
5 Id.at 16–17.
Countervailing Duty Investigations, 76 FR 61042 Review; 2010–2011, 78 FR 9033 (February 7, 2013)
(October 3, 2011). (collectively, ‘‘AR 1 Final Results’’). 6 See Remand Redetermination at 2.
VerDate Sep<11>2014 19:58 Sep 24, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\25SEN1.SGM 25SEN1](https://thefederalregister.org/doc/80_FR_57973/page/3.svg)
Document Created: 2018-02-26 10:19:57
Document Modified: 2018-02-26 10:19:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: September 25, 2015. | |
| Contact | Magd Zalok or Robert Bolling, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4162 or (202) 482-3434, respectively. | |
| FR Citation | 80 FR 57787 |
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