Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices 88007 

1See Ferrosilicon from Brazil, Kazakhstan, 

Malaysia, and the Russian Federation: Initiation of 

Less-Than-Fair-Value Investigations, 89 FR 31137 

(April 24, 2024) (Initiation Notice). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

3See Ferrosilicon from Brazil, Kazakhstan, and 

Malaysia: Postponement of Preliminary 

Determinations of Antidumping Duty 

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

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Less-Than-Fair-Value Investigation of Ferrosilicon 

from Kazakhstan’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

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

6See Initiation Notice, 89 FR 31137. 

7See Preliminary Decision Memorandum. 

733(f) and 777(i)(1) of the Act, and 19 

CFR 351.205(c). 

Dated: October 31, 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. Period of Investigation 

IV. Application of Facts Available and Use of 

Adverse Inferences 

V. Discussion of the Methodology 

VI. Currency Conversion 

VII. Adjustments to Cash Deposit Rates for 

Export Subsidies in the Companion 

Countervailing Duty Investigation 

VIII. Recommendation 

[FR Doc. 2024–25794 Filed 11–5–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–834–812] 

Ferrosilicon From Kazakhstan: 

Preliminary Affirmative Determination 

of Sales at Less Than Fair Value, 

Preliminary Negative Determination of 

Critical Circumstances, Postponement 

of Final Determination, and Extension 

of Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that ferrosilicon from 

Kazakhstan is being, or is likely to be, 

sold in the United States at less than fair 

value (LTFV). 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 November 6, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Samantha Kinney or Mira Warrier, AD/ 

CVD Operations, Office II, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2285 or (202) 482–8031, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(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 July 22, 2024, 

Commerce tolled certain deadlines in 

this investigation by seven days.2 On 

August 16, 2024, Commerce postponed 

the preliminary determination of this 

investigation until October 31, 2024.3

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

included 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 

Kazakhstan. For a complete description 

of the scope of this investigation, see 

appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,5 in the 

Initiation Notice Commerce set aside a 

period of time for parties to raise issues 

regarding product coverage (i.e., scope).6

As noted in the Preliminary Decision 

Memorandum, Commerce is correcting a 

minor clerical error in the language of 

the scope.7 See the revised scope in 

appendix I to this notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Commerce has 

calculated export prices in accordance 

with section 772(a) of the Act. Normal 

value is calculated in accordance with 

section 773 of the Act. Pursuant to 

sections 776(a) and (b) of the Act, 

Commerce has preliminarily relied 

upon partial facts available, with 

adverse inferences, for YDD Corporation 

LLP (YDD). For a full description of the 

methodology underlying the 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Preliminary Negative Determination of 

Critical Circumstances 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206, Commerce 

preliminarily finds that critical 

circumstances do not exist for YDD, 

TNC Kazchrome JSC (Kazchrome), and 

all other companies not individually 

examined. For a full description of the 

methodology and results of Commerce’s 


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88008 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices 

8With two respondents under examination, 

Commerce normally calculates: (A) a weightedaverage of the estimated weighted-average dumping 

margins calculated for the examined respondents; 

(B) a simple average of the estimated weightedaverage dumping margins calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated weighted-average dumping margins 

calculated for the examined respondents using each 

company’s publicly-ranged U.S. sales 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 Memorandum, 

‘‘Preliminary Determination Margin Calculation for 

the All-Others Rate,’’ dated concurrently with this 

Federal Register notice. 

9Commerce preliminarily determines that YDD 

Corporation LLP, ASIA FerroAlloys LLP, and 

KazSilicon Metallurgical Combine LLP should be 

collapsed and treated as a single entity. See 

Preliminary Decision Memorandum. 

10See Memoranda, ‘‘Preliminary Determination 

Margin Calculation for TNC Kazchrome J.S.C.,’’ and 

‘‘Preliminary Determination Margin Calculation for 

YDD Corporation LLP (YDD),’’ both dated 

concurrently with this Federal Register notice. 

11See 19 CFR 351.309(c)(1)(i); see also 19 CFR 

351.303 (for general filing requirements). 

12See 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). 

critical circumstances analysis, see the 

Preliminary Decision Memorandum. 

All-Others Rate 

Sections 733(d)(1)(ii) and 735(c)(5)(A) 

of the Act provide that, in the 

preliminary determination, Commerce 

shall determine an estimated all-others 

rate for all exporters and producers not 

individually examined. This rate shall 

be an amount equal to the weighted 

average of the estimated weightedaverage dumping margins established 

for exporters and producers 

individually investigated, excluding any 

zero and de minimis margins, and any 

margins determined entirely under 

section 776 of the Act. 

In this investigation, Commerce 

calculated estimated weighted-average 

dumping margins for Kazchrome and 

YDD that are not zero, de minimis, or 

based entirely on facts otherwise 

available. Commerce calculated the allothers rate using a weighted average of 

the estimated weighted-average 

dumping margins calculated for the 

examined respondents using each 

company’s publicly-ranged values for 

the merchandise under consideration.8

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 9

Exporter/producer 

Estimated 

weighted-average 

dumping margin 

(percent) 

Cash deposit rate 

(adjusted for 

subsidy offset(s)) 

(percent) 

YDD Corporation LLP; ASIA FerroAlloys LLP; KazSilicon Metallurgical Combine LLP ..................... 4.22 Not Applicable. 

TNC Kazchrome JSC .......................................................................................................................... 6.20 Not Applicable. 

All Others ............................................................................................................................................. 4.67 Not Applicable. 

Suspension of Liquidation 

In accordance with section 733(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 appendix 

I, entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register. Further, pursuant 

to section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d), Commerce will instruct 

CBP to require a cash deposit equal to 

the estimated weighted-average 

dumping margin or the estimated allothers rate, as follows: (1) the cash 

deposit rate for the respondents listed 

above will be equal to the companyspecific estimated weighted-average 

dumping margins determined in this 

preliminary determination; (2) if the 

exporter is not a respondent identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

company-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. 

Commerce normally adjusts cash 

deposits for estimated antidumping 

duties by the amount of export subsidies 

countervailed in a companion 

countervailing duty (CVD) proceeding, 

when CVD provisional measures are in 

effect. Accordingly, where Commerce 

preliminarily made an affirmative 

determination for countervailable export 

subsidies, Commerce has offset the 

estimated weighted-average dumping 

margin by the appropriate CVD rate. 

Any such adjusted cash deposit rate 

may be found in the ‘‘Preliminary 

Determination’’ section above. 

Commerce notes there were no 

countervailable export subsidies found 

in the companion CVD proceeding.10

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination 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 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 

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 no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation.11 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.12 Interested 

parties who submit case briefs or 

rebuttal briefs in this proceeding must 


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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices 88009 

13See 19 CFR 351.309(c)(2) and (d)(2). 

14We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

15See APO and Service Final Rule. 

16See Kazchrome’s Letter, ‘‘Request to Postpone 

Final Antidumping Duty Determination,’’ dated 

October 23, 2024; YDD’s Letter, ‘‘Request to Request 

to Extend Final Determination,’’ dated October 23, 

2024; and Petitioners’ Letter, ‘‘Petitioner’s Request 

to Postpone the Final Antidumping Duty 

Determinations,’’ dated October 23, 2024. 

submit: (1) a table of contents listing 

each issue; and (2) a table of 

authorities.13

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 briefs 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.14 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).15

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 and 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. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Section 735(a)(2) of the Act provides 

that a final determination may be 

postponed until not later than 135 days 

after the date of the publication of the 

preliminary determination if, in the 

event of an affirmative preliminary 

determination, a request for such 

postponement is made by exporters who 

account for a significant proportion of 

exports of the subject merchandise, or in 

the event of a negative preliminary 

determination, a request for such 

postponement is made by the petitioner. 

Section 351.210(e)(2) of Commerce’s 

regulations requires that a request by 

exporters for postponement of the final 

determination be accompanied by a 

request for extension of provisional 

measures from a four-month period to a 

period not more than six months in 

duration. 

On October 23, 2024, pursuant to 19 

CFR 351.210(e), Kazchrome, YDD, and 

the petitioners requested that Commerce 

postpone the final determination and 

that provisional measures be extended 

to a period not to exceed six months.16

In accordance with section 735(a)(2)(A) 

of the Act and 19 CFR 351.210(b)(2)(ii), 

because: (1) the preliminary 

determination is affirmative; (2) the 

requesting exporters account for a 

significant proportion of exports of the 

subject merchandise; and (3) no 

compelling reasons for denial exist, 

Commerce is postponing the final 

determination and extending the 

provisional measures from a four-month 

period to a period not greater than six 

months. Accordingly, Commerce will 

make its final determination no later 

than 135 days after the date of 

publication of this preliminary 

determination. 

U.S. International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its preliminary 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 

these imports are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

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: October 31, 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. Period of Investigation 

IV. Affiliation and Single Entity Treatment 

V. Application of Facts Available and Use of 

Adverse Inferences 

VI. Discussion of the Methodology 

VII. Preliminary Negative Determination of 

Critical Circumstances 

VIII. Currency Conversion 

IX. Adjustments to Cash Deposit Rates for 

Export Subsidies in the Companion 

Countervailing Duty Investigation 

X. Recommendation 

[FR Doc. 2024–25795 Filed 11–5–24; 8:45 am] 

BILLING CODE 3510–DS–P 


khammond on DSKJM1Z7X2PROD with NOTICES