80 FR 75660 - Silicomanganese From India: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 232 (December 3, 2015)
International Trade Administration
Federal Register Volume 80, Issue 232 (December 3, 2015)
| Page Range | 75660-75661 | |
| FR Document | 2015-30546 |
[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)] [Notices] [Pages 75660-75661] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30546] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-823] Silicomanganese From India: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: On June 4, 2015, the Department of Commerce (Department) published its preliminary results of the administrative review of the antidumping duty order on silicomanganese from India covering the period of review (POR) May 1, 2013, through April 30, 2014.\1\ This review covers one producer/exporter of subject merchandise, Nava Bharat Ventures Limited (Nava). For the final results, we continue to determine that Nava did not sell subject merchandise to the United States at below normal value (NV) during the POR. The final results are listed in the section entitled ``Final Results of Review'' below. --------------------------------------------------------------------------- \1\ See Silicomanganese From India: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 31891 (June 4, 2015) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective date: December 3, 2015. FOR FURTHER INFORMATION CONTACT: David Lindgren at (202) 482-3870; AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On June 4, 2015, the Department published the Preliminary Results of this administrative review and, on August 24, 2015, we invited parties to comment on the Preliminary Results. The administrative review covers one producer and exporter of the subject merchandise to the United States, Nava. Petitioners timely filed their case brief on September 4, 2015, and Nava timely filed its rebuttal brief on September 8, 2015. The Department conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products subject to the order are all forms, sizes and compositions of silicomanganese, except low-carbon silicomanganese, including silicomanganese briquettes, fines and slag. The silicomanganese subject to the order is currently classifiable under subheading 7202.30.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheading is provided for convenience and customs purposes. The written description is dispositive. A full description of the scope of the order is contained in the Issues and Decision Memorandum, which is hereby adopted by this notice.\2\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement [[Page 75661]] and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Access to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \2\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for Final Results of the 2013-2014 Antidumping Duty Administrative Review of Silicomanganese from India,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this review are addressed in the Issues and Decision Memorandum. The issues that parties raised, and to which we responded in the Issues and Decision Memorandum, follow as an appendix to this notice. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made no adjustments to the margin calculations for Nava. Final Results of Review The final weighted-average dumping margin for the period May 1, 2013, through April 30, 2014, is as follows: ------------------------------------------------------------------------ Weighted- Average Manufacturer/Exporter margin (percent) ------------------------------------------------------------------------ Nava Bharat Ventures Limited............................... 0.00 ------------------------------------------------------------------------ Assessment Rates The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties in accordance with 19 CFR 351.212(b)(1). Nava's weighted-average dumping margin in these final results is zero percent. Therefore, we will instruct CBP to liquidate all appropriate entries without regard to antidumping duties. The Department intends to issue the appropriate assessment instructions for Nava to CBP 15 days after the date of publication of these final results. Cash Deposit Requirements The following deposit requirements will be effective for all shipments of silicomanganese from India 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 cash deposit rate for Nava will be the weighted-average dumping margin listed above; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and, (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review, the cash deposit rate will be the all others rate for this proceeding, 17.74 percent, as established in the less-than-fair-value investigation.\3\ These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \3\ See Silicomanganese from India: Notice of Final Determination of Sales at Less Than Fair Value and Final Negative Critical Circumstances Determination, 67 FR 15531 (April 2, 2002), as corrected in 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). --------------------------------------------------------------------------- Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Notification to Importers This notice also 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 review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice is the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the 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 the terms of an APO is a sanctionable violation. Notification to Interested Parties These final results of administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: November 24, 2015. Paul Piquado, 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. Margin Calculations V. Discussion of the Issue Issue 1: Bona Fides of Nava's U.S. Sale VI. Recommendation [FR Doc. 2015-30546 Filed 12-2-15; 8:45 am] BILLING CODE 3510-DS-P
![75660 Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices
record, to provide an explanation the adequacy of remuneration under 19 through April 30, 2014.1 This review
identifying the information already on CFR 351.511(a)(2), filed pursuant to 19 covers one producer/exporter of subject
the record that the factual information CFR 351.301(c)(3) and rebuttal, merchandise, Nava Bharat Ventures
seeks to rebut, clarify, or correct. The clarification and correction filed Limited (Nava). For the final results, we
final rule also modified 19 CFR 351.301 pursuant to 19 CFR 351.301(c)(3)(iv); (3) continue to determine that Nava did not
so that, rather than providing general comments concerning the selection of a sell subject merchandise to the United
time limits, there are specific time limits surrogate country and surrogate values States at below normal value (NV)
based on the type of factual information and rebuttal; (4) comments concerning during the POR. The final results are
being submitted. These modifications U.S. Customs and Border Protection listed in the section entitled ‘‘Final
are effective for all segments initiated on data; and (5) quantity and value Results of Review’’ below.
or after May 10, 2013. Please review the questionnaires. Under certain DATES: Effective date: December 3, 2015.
final rule, available at http:// circumstances, the Department may FOR FURTHER INFORMATION CONTACT:
enforcement.trade.gov/frn/2013/ elect to specify a different time limit by David Lindgren at (202) 482–3870; AD/
1304frn/2013-08227.txt, prior to which extension requests will be CVD Operations, Office VII,
submitting factual information in this considered untimely for submissions Enforcement and Compliance,
segment. which are due from multiple parties International Trade Administration,
Any party submitting factual simultaneously. In such a case, the U.S. Department of Commerce, 14th
information in an antidumping duty or Department will inform parties in the Street and Constitution Avenue NW.,
countervailing duty proceeding must letter or memorandum setting forth the Washington, DC 20230.
certify to the accuracy and completeness deadline (including a specified time) by
of that information.4 Parties are hereby SUPPLEMENTARY INFORMATION:
which extension requests must be filed
reminded that revised certification to be considered timely. This Background
requirements are in effect for company/ modification also requires that an
government officials as well as their On June 4, 2015, the Department
extension request must be made in a published the Preliminary Results of
representatives. All segments of any separate, stand-alone submission, and
antidumping duty or countervailing this administrative review and, on
clarifies the circumstances under which August 24, 2015, we invited parties to
duty proceedings initiated on or after the Department will grant untimely-
August 16, 2013, should use the formats comment on the Preliminary Results.
filed requests for the extension of time The administrative review covers one
for the revised certifications provided at limits. These modifications are effective
the end of the Final Rule.5 The producer and exporter of the subject
for all segments initiated on or after merchandise to the United States, Nava.
Department intends to reject factual October 21, 2013. Please review the Petitioners timely filed their case brief
submissions in any proceeding final rule, available at http:// on September 4, 2015, and Nava timely
segments if the submitting party does www.gpo.gov/fdsys/pkg/FR-2013-09-20/ filed its rebuttal brief on September 8,
not comply with applicable revised html/2013-22853.htm, prior to 2015. The Department conducted this
certification requirements. submitting factual information in these administrative review in accordance
Revised Extension of Time Limits segments. with section 751(a) of the Tariff Act of
Regulation These initiations and this notice are 1930, as amended (the Act).
in accordance with section 751(a) of the
On September 20, 2013, the Scope of the Order
Act (19 U.S.C. 1675(a)) and 19 CFR
Department modified its regulation
351.221(c)(1)(i). The products subject to the order are
concerning the extension of time limits
for submissions in antidumping and Dated: November 25, 2015. all forms, sizes and compositions of
countervailing duty proceedings: Final Christian Marsh, silicomanganese, except low-carbon
Rule, 78 FR 57790 (September 20, 2013). Deputy Assistant Secretary for Antidumping
silicomanganese, including
The modification clarifies that parties and Countervailing Duty Operations. silicomanganese briquettes, fines and
may request an extension of time limits [FR Doc. 2015–30604 Filed 12–2–15; 8:45 am]
slag. The silicomanganese subject to the
before a time limit established under order is currently classifiable under
BILLING CODE 3510–DS–P
Part 351 expires, or as otherwise subheading 7202.30.0000 of the
specified by the Secretary. In general, an Harmonized Tariff Schedule of the
extension request will be considered DEPARTMENT OF COMMERCE United States (HTSUS). The HTSUS
untimely if it is filed after the time limit subheading is provided for convenience
established under Part 351 expires. For International Trade Administration and customs purposes. The written
submissions which are due from description is dispositive. A full
multiple parties simultaneously, an [A–533–823] description of the scope of the order is
extension request will be considered contained in the Issues and Decision
untimely if it is filed after 10:00 a.m. on Silicomanganese From India: Final Memorandum, which is hereby adopted
the due date. Examples include, but are Results of Antidumping Duty by this notice.2 The Issues and Decision
not limited to: (1) Case and rebuttal Administrative Review; 2013–2014 Memorandum is a public document and
briefs, filed pursuant to 19 CFR 351.309; is on file electronically via Enforcement
AGENCY: Enforcement and Compliance,
(2) factual information to value factors International Trade Administration, 1 See Silicomanganese From India: Preliminary
under 19 CFR 351.408(c), or to measure U.S. Department of Commerce. Results of Antidumping Duty Administrative
Review; 2013–2014, 80 FR 31891 (June 4, 2015)
Lhorne on DSK5TPTVN1PROD with NOTICES
4 See
SUMMARY: On June 4, 2015, the
section 782(b) of the Act. (Preliminary Results).
5 See Certification of Factual Information To
Department of Commerce (Department) 2 See Memorandum to Paul Piquado, Assistant
Import Administration During Antidumping and published its preliminary results of the Secretary for Enforcement and Compliance, ‘‘Issues
Countervailing Duty Proceedings, 78 FR 42678 (July administrative review of the and Decision Memorandum for Final Results of the
17, 2013) (‘‘Final Rule’’); see also the frequently antidumping duty order on 2013–2014 Antidumping Duty Administrative
asked questions regarding the Final Rule, available Review of Silicomanganese from India,’’ dated
at http://enforcement.trade.gov/tlei/notices/factual_
silicomanganese from India covering the concurrently with this notice (Issues and Decision
info_final_rule_FAQ_07172013.pdf. period of review (POR) May 1, 2013, Memorandum).
VerDate Sep<11>2014 15:11 Dec 02, 2015 Jkt 238001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1](https://thefederalregister.org/doc/80_FR_75892/page/1.svg)
![Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Notices 75661
and Compliance’s Antidumping and the weighted-average dumping margin regulations and the terms of an APO is
Countervailing Duty Centralized listed above; (2) for previously reviewed a sanctionable violation.
Electronic Service System (ACCESS). or investigated companies not listed
Notification to Interested Parties
Access to ACCESS is available to above, the cash deposit rate will
registered users at http:// continue to be the company-specific rate These final results of administrative
access.trade.gov and is available to all published for the most recent period; (3) review and notice are published in
parties in the Central Records Unit, if the exporter is not a firm covered in accordance with sections 751(a)(1) and
room B8024 of the main Department of this review, a prior review, or the less- 777(i)(1) of the Act and 19 CFR
Commerce building. In addition, a than-fair-value investigation, but the 351.213(h).
complete version of the Issues and manufacturer is, the cash deposit rate Dated: November 24, 2015.
Decision Memorandum can be accessed will be the rate established for the most Paul Piquado,
directly on the Internet at http:// recent period for the manufacturer of
Assistant Secretary for Enforcement and
enforcement.trade.gov/frn/index.html. the merchandise; and, (4) if neither the Compliance.
The signed Issues and Decision exporter nor the manufacturer is a firm
Memorandum and the electronic covered in this or any previous review, Appendix—List of Topics Discussed in
versions of the Issues and Decision the cash deposit rate will be the all the Issues and Decision Memorandum
Memorandum are identical in content. others rate for this proceeding, 17.74 I. Summary
Analysis of Comments Received percent, as established in the less-than- II. Background
fair-value investigation.3 These deposit III. Scope of the Order
All issues raised in the case and requirements, when imposed, shall IV. Margin Calculations
rebuttal briefs by parties in this review remain in effect until further notice. V. Discussion of the Issue
are addressed in the Issues and Decision Issue 1: Bona Fides of Nava’s U.S. Sale
Memorandum. The issues that parties Disclosure VI. Recommendation
raised, and to which we responded in We will disclose the calculations [FR Doc. 2015–30546 Filed 12–2–15; 8:45 am]
the Issues and Decision Memorandum, performed within five days of the date BILLING CODE 3510–DS–P
follow as an appendix to this notice. of publication of this notice to parties in
Changes Since the Preliminary Results this proceeding in accordance with 19
CFR 351.224(b). DEPARTMENT OF COMMERCE
Based on our analysis of the
comments received, we have made no Notification to Importers National Oceanic and Atmospheric
adjustments to the margin calculations This notice also serves as a final Administration
for Nava.
reminder to importers of their
Proposed Information Collection;
Final Results of Review responsibility under 19 CFR
Comment Request; Gulf of Alaska
The final weighted-average dumping 351.402(f)(2) to file a certificate
Trawl Fishery, Rationalization
margin for the period May 1, 2013, regarding the reimbursement of
Sociocultural Study
through April 30, 2014, is as follows: antidumping duties prior to liquidation
of the relevant entries during this AGENCY: National Oceanic and
Weighted- review period. Failure to comply with Atmospheric Administration (NOAA),
Manufacturer/Exporter Average this requirement could result in the Commerce.
margin Secretary’s presumption that
(percent) ACTION: Notice.
reimbursement of antidumping duties
Nava Bharat Ventures Limited ... 0.00 occurred and the subsequent assessment SUMMARY: The Department of
of double antidumping duties. Commerce, as part of its continuing
Assessment Rates Notification Regarding Administrative effort to reduce paperwork and
Protective Orders respondent burden, invites the general
The Department will instruct U.S.
public and other Federal agencies to
Customs and Border Protection (CBP) to This notice is the only reminder to take this opportunity to comment on
assess antidumping duties in parties subject to the administrative
accordance with 19 CFR 351.212(b)(1). proposed and/or continuing information
protective order (APO) of their collections, as required by the
Nava’s weighted-average dumping responsibility concerning the return or
margin in these final results is zero Paperwork Reduction Act of 1995.
destruction of proprietary information
percent. Therefore, we will instruct CBP DATES: Written comments must be
disclosed under the APO in accordance
to liquidate all appropriate entries with 19 CFR 351.305(a)(3), which submitted on or before February 1, 2016.
without regard to antidumping duties. continues to govern business ADDRESSES: Direct all written comments
The Department intends to issue the proprietary information in this segment to Jennifer Jessup, Departmental
appropriate assessment instructions for of the proceeding. Timely written Paperwork Clearance Officer,
Nava to CBP 15 days after the date of notification of the return or destruction Department of Commerce, Room 66165,
publication of these final results. of APO materials or conversion to 14th and Constitution Avenue NW.,
Cash Deposit Requirements judicial protective order is hereby Washington, DC 20230 (or via the
requested. Failure to comply with the Internet at JJessup@doc.gov).
The following deposit requirements
FOR FURTHER INFORMATION CONTACT:
will be effective for all shipments of
Requests for additional information or
Lhorne on DSK5TPTVN1PROD with NOTICES
3 See Silicomanganese from India: Notice of Final
silicomanganese from India entered, or Determination of Sales at Less Than Fair Value and
withdrawn from warehouse, for copies of the information collection
Final Negative Critical Circumstances
consumption on or after the date of Determination, 67 FR 15531 (April 2, 2002), as
instrument and instructions should be
publication of the final results of this corrected in Notice of Amended Final directed to Stephen Kasperski, (206)
administrative review, as provided for Determination of Sales at Less than Fair Value and 526–4727 or Stephen.kasperski@
Antidumping Duty Orders: Silicomanganese from noaa.gov.
by section 751(a)(2)(C) of the Act: (1) India, Kazakhstan, and Venezuela, 67 FR 36149
The cash deposit rate for Nava will be (May 23, 2002). SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 15:11 Dec 02, 2015 Jkt 238001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1](https://thefederalregister.org/doc/80_FR_75892/page/2.svg)
Document Created: 2015-12-14 13:51:31
Document Modified: 2015-12-14 13:51:31
| 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 | |
| Contact | David Lindgren at (202) 482-3870; AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 80 FR 75660 |
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