73364 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 

1See Ferrosilicon from Brazil, Kazakhstan, 

Malaysia, and the Russian Federation: Initiation of 

Countervailing Duty Investigations, 89 FR 31133 

(April 24, 2024) (Initiation Notice). 

2See Ferrosilicon from Brazil, Kazakhstan, and 

Malaysia: Postponement of Preliminary 

Determinations in theCountervailing Duty 

Investigations, 89 FR 46860 (May 30, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

4Because seven days from August 26, 2024 (i.e., 

September 2, 2024) falls on a federal holiday, the 

actual deadline for the preliminary determination is 

September 3, 2024. 

5See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination of the 

Countervailing Duty Investigation of Ferrosilicon 

from Malaysia,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

6See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

7See Initiation Notice. 

8See Preliminary Decision Memorandum. 

7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 

7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 

7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 

7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 

7306.29.60.10, 7306.29.60.50, 7306.29.81.10, 

and 7306.29.81.50. 

The merchandise subject to the order may 

also enter under the following HTSUS item 

numbers: 7304.39.00.24, 7304.39.00.28, 

7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 

7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 

7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 

7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 

7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 

7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 

7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 

7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 

7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 

7305.31.60.90, 7306.30.50.55, 7306.30.50.90, 

7306.50.50.50, and 7306.50.50.70. 

The HTSUS subheadings above are 

provided for convenience and customs 

purposes only. The written description of the 

scope of the order is dispositive. 

The Scope of the CVD Order on Large 

Diameter Welded Pipe From the Republic of 

Tu ̈ rkiye 

The merchandise covered by this order is 

welded carbon and alloy steel structural pipe 

(other than stainless steel pipe), more than 

406.4 mm (16 inches) in nominal outside 

diameter (large diameter welded structural 

pipe), regardless of wall thickness, length, 

surface finish, grade, end finish, or 

stenciling. Large diameter welded structural 

pipe may be used for structural purposes, 

including, but not limited to, piling. 

Specifically, not included is large diameter 

welded pipe produced only to specifications 

of the American Water Works Association 

(AWWA) for water and sewage pipe. 

Large diameter welded structural pipe may 

be produced to American Society for Testing 

and Materials (ASTM) standards A500, A252, 

or A53, or other relevant domestic 

specifications, grades and/or standards. Large 

diameter welded structural pipe can be 

produced to comparable foreign 

specifications, grades and/or standards or to 

proprietary specifications, grades and/or 

standards, or can be non-graded material. All 

structural pipe meeting the physical 

description set forth above, including any 

dual- or multiple-certified/stenciled pipe 

with an ASTM (or comparable) welded 

structural pipe certification/stencil, is 

covered by the scope of this order. 

Subject merchandise also includes large 

diameter welded structural pipe that has 

been further processed in a third country, 

including but not limited to coating, 

painting, notching, beveling, cutting, 

punching, welding, or any other processing 

that would not otherwise remove the 

merchandise from the scope of the order if 

performed in the country of manufacture of 

the in-scope large diameter welded structural 

pipe. 

Excluded from the scope of this order is 

line pipe which is suitable for transporting 

oil, gas, slurry, steam, or other fluids, liquids, 

or gases, and is normally produced to 

American Petroleum Institute (API) 

specification 5L or equivalent foreign 

specifications grades and/or standards or to 

proprietary specifications, grades and/or 

standards. Also excluded from the scope are 

any products covered by the existing 

countervailing duty order on welded line 

pipe from the Republic of Turkey. See 

Welded Line Pipe from the Republic of 

Turkey: Countervailing Duty Order, 80 FR 

75054 (December 1, 2015). 

The large diameter welded structural pipe 

that is subject to this order is currently 

classifiable in the Harmonized Tariff 

Schedule of the United States (HTSUS) under 

subheadings 7305.31.4000, 7305.31.6090, 

7305.39.1000 and 7305.39.5000. Merchandise 

currently classifiable under subheadings 

7305.11.1030, 7305.11.1060, 7305.11.5000, 

7305.12.1030, 7305.12.1060, 7305.12.5000, 

7305.19.1030, 7305.19.1060, and 

7305.19.5000 and that otherwise meets the 

above scope language is also covered. While 

the HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of this order 

is dispositive. 

[FR Doc. 2024–20397 Filed 9–9–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–557–829] 

Ferrosilicon From Malaysia: 

Preliminary Affirmative Countervailing 

Duty Determination, Preliminary 

Affirmative Critical Circumstances 

Determination, in Part, and Alignment 

of Final Determination With Final 

Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of ferrosilicon 

from Malaysia. The period of 

investigation (POI) is January 1, 2023, 

through December 31, 2023. Interested 

parties are invited to comment on this 

preliminary determination. 

DATES: Applicable September 10, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Suresh Maniam or Stefan Smith, AD/ 

CVD Operations, Office I, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–1603 or (202) 482–4342, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on April 24, 2024.1 On May 30, 2024, 

Commerce postponed the preliminary 

determination of this investigation until 

August 26, 2024.2 On July 22, 2024, 

Commerce tolled certain deadlines in 

this administrative proceeding by seven 

days.3 The deadline for this preliminary 

determination is now September 3, 

2024.4

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.5 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

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. 

Scope of the Investigation 

The product covered by this 

investigation is ferrosilicon from 

Malaysia. For a complete description of 

the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,6 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage, (i.e., scope).7 As noted in the 

Preliminary Decision Memorandum, 

Commerce corrected a minor clerical 

error in the language of the scope.8


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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 73365 

9See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

10See sections 776(a) and (b) of the Act. 

11See Ferrosilicon from Brazil; Kazakhstan, and 

Malaysia: Postponement of Preliminary 

Determinations in the Less-Than-Fair-Value 

Investigations, 89 FR 66678 (August 16, 2024). 

12With two respondents under examination, 

Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for 

the examined respondents; (B) a simple average of 

the estimated subsidy rates calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated subsidy rates calculated for the 

examined respondents using each company’s 

publicly-ranged U.S. sale values for the 

merchandise under consideration. Commerce then 

compares (B) and (C) to (A) and selects the rate 

closest to (A) as the most appropriate rate for all 

other producers and exporters. See, e.g., Ball 

Bearings and Parts Thereof from France, Germany, 

Italy, Japan, and the United Kingdom: Final Results 

of Antidumping Duty Administrative Reviews, Final 

Results of Changed-Circumstances Review, and 

Revocation of an Order in Part, 75 FR 53661, 53662 

(September 1, 2010), and accompanying Issues and 

Decision Memorandum at Comment 1. As complete 

publicly ranged sales data were available, 

Commerce based the all-others rate on the publicly 

ranged sales data of the mandatory respondents. For 

a complete analysis of the data, see the All-Others 

Rate Calculation Memorandum. 

13As discussed in the Preliminary Decision 

Memorandum, Commerce has found the following 

companies to be cross-owned with OM Materials: 

OM Materials & Logistics (M) Sdn. Bhd; OM 

Materials (Samalaju) Sdn. Bhd; and OM 

Engineering Tech (M) Sdn. Bhd. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.9

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available and, because it finds that one 

or more respondents did not act to the 

best of their ability to respond to 

Commerce’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.10 For further 

information, see the ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ section in the Preliminary 

Decision Memorandum. 

Preliminary Affirmative Determination 

of Critical Circumstances, in Part 

In accordance with section 703(e)(1) 

of the Act, Commerce preliminarily 

determines that critical circumstances 

exist with respect to imports of 

ferrosilicon from Malaysia for Pertama 

Ferroalloys Sdn. Bhd (Pertama), but do 

not exist with respect to OM Materials 

(Sarawak) Sdn. Bhd (OM Materials) and 

all other exporters or producers not 

individually examined. For a full 

description of the methodology and 

results of Commerce’s analysis, see the 

Preliminary Decision Memorandum. 

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), Commerce is aligning the 

final countervailing duty (CVD) 

determination in this investigation with 

the final determination in the 

companion antidumping duty (AD) 

investigation of ferrosilicon from 

Malaysia based on a request made by 

the petitioners.11 Consequently, the 

final CVD determination will be issued 

on the same date as the final AD 

determination, which is currently 

scheduled to be issued no later than 

January 14, 2025, unless postponed. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

In this investigation, Commerce 

calculated individual estimated 

countervailable subsidy rates for OM 

Materials and Pertama that are not zero, 

de minimis, or based entirely on facts 

otherwise available. Commerce 

calculated the all-others rate using a 

weighted average of the individual 

estimated subsidy rates calculated for 

the examined respondents using each 

company’s publicly-ranged values for 

the merchandise under consideration.12

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy rate 

(percent ad 

valorem) 

OM Materials (Sarawak) 

Sdn. Bhd 13 ....................... 2.81 

Pertama Ferroalloys Sdn. 

Bhd .................................... 3.48 

All Others .............................. 3.02 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise 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. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

Section 703(e)(2) of the Act provides 

that, given an affirmative determination 

of critical circumstances, any 

suspension of liquidation shall apply to 

unliquidated entries of merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the later of: 

(a) the date which is 90 days before the 

date on which the suspension of 

liquidation was first ordered; or (b) the 

date on which notice of initiation of the 

investigation was published. As noted 

above, Commerce preliminarily finds 

that critical circumstances exist for 

imports of subject merchandise 

produced and/or exported by Pertama. 

In accordance with section 703(e)(2)(A) 

of the Act, the suspension of liquidation 

shall apply to unliquidated entries of 

merchandise produced and/or exported 

by Pertama that were entered, or 

withdrawn from warehouse, for 

consumption on or after the date which 

is 90 days before the publication of this 

notice. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice in accordance 

with 19 CFR 351.224(b). 

Consistent with 19 CFR 351.224(e), 

Commerce will analyze and, if 

appropriate, correct any timely 

allegations of significant ministerial 

errors by amending the preliminary 

determination. However, consistent 

with 19 CFR 351.224(d), Commerce will 

not consider incomplete allegations that 

do not address the significance standard 

under 19 CFR 351.224(g) following the 

preliminary determination. Instead, 

Commerce will address such allegations 

in the final determination together with 

issues raised in the case briefs or other 

written comments. 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 


khammond on DSKJM1Z7X2PROD with NOTICES
73366 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 

14See 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 Final Rule). 15See 19 351.309(c)(2) and (d)(2). 16We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

17See APO and Service Final Rule. 

1See Certain High Chrome Cast Iron Grinding 

Media from India: Initiation of Less-Than-FairValue Investigation, 89 FR 45630 (May 23, 2024). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

information relied upon in making its 

final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance. A timeline for the 

submission of case briefs and written 

comments will be notified to interested 

parties at a later date. 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.14 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.15

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 

investigation, we instead request that 

interested parties provide at the 

beginning of their briefs a public, 

executive summary for each issue raised 

in their briefs.16 Further, we request that 

interested parties limit their 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).17

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 within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

U.S. International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine, before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination, whether imports of 

ferrosilicon from Malaysia are 

materially injuring the U.S. industry. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: September 3, 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 I 

Scope of the Investigation 

The scope of this investigation covers all 

forms and sizes of ferrosilicon, regardless of 

grade, including ferrosilicon briquettes. 

Ferrosilicon is a ferroalloy containing by 

weight four percent or more iron, more than 

eight percent but not more than 96 percent 

silicon, three percent or less phosphorus, 30 

percent or less manganese, less than three 

percent magnesium, and 10 percent or less of 

any other element. The merchandise covered 

also includes product described as slag, if the 

product meets these specifications. 

Subject merchandise includes material 

matching the above description that has been 

finished, packaged, or otherwise processed in 

a third country, including by performing any 

grinding or any other finishing, packaging, or 

processing that would not otherwise remove 

the merchandise from the scope of the 

investigation if performed in the country of 

manufacture of the ferrosilicon. 

Ferrosilicon is currently classifiable under 

subheadings 7202.21.1000, 7202.21.5000, 

7202.21.7500, 7202.21.9000, 7202.29.0010, 

and 7202.29.0050 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

While the HTSUS numbers are provided for 

convenience and customs purposes, the 

written description of the scope remains 

dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Injury Test 

IV. Preliminary Affirmative Determination of 

Critical Circumstances, In Part 

V. Use of Facts Available and Adverse 

Inferences 

VI. Subsidies Valuation Information 

VII. Analysis of Programs 

VIII. Recommendation 

[FR Doc. 2024–20364 Filed 9–9–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–930] 

Certain High Chrome Cast Iron 

Grinding Media From India: 

Postponement of Preliminary 

Determination in the Less-Than-FairValue Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable September 10, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Charles DeFilippo, 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) 482–3797. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 16, 2024, the U.S. 

Department of Commerce (Commerce) 

initiated a less-than-fair-value (LTFV) 

investigation of imports of Certain High 

Chrome Cast Iron Grinding Media 

(Grinding Media) from India.1 On July 

22, 2024, Commerce tolled certain 

deadlines in this investigation by seven 

days.2 Currently, the preliminary 

determination is due no later than 

October 10, 2024. 

Postponement of Preliminary 

Determinations 

Section 733(b)(1)(A) of the Tariff Act 

of 1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in an LTFV investigation 

within 140 days after the date on which 

Commerce initiated the investigation. 

However, section 733(c)(1)(A)(b)(1) of 

the Act permits Commerce to postpone 

the preliminary determination until no 

later than 190 days after the date on 


khammond on DSKJM1Z7X2PROD with NOTICES