Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Notices 92091 

1See Welded Carbon Steel Standard Pipes and 

Tubes from India: Final Results of Antidumping 

Duty Administrative Review; 2018–2019, 86 FR 

14872 (March 19, 2021) (Final Results), and 

accompanying Issues and Decision Memorandum. 

2 Id. at 14873. 

3See Garg Tube Export LLP and Garg Tube 

Limited v. United States, Court No. 21–00169 (CIT 

February 3, 2023); see also Commerce’s February 2, 

2023, consent motion for a voluntary remand (the 

CIT granted the motion without modification). 

4See Final Results of Redetermination Pursuant 

to Court Remand, Garg Tube Export LLP and Garg 

Tube Limited v. United States, Court No. 21–00169, 

(CIT February 3, 2023), dated March 16, 2023. 

5See Garg Tube Export LLP and Garg Tube 

Limited v. United States, 698 F. Supp. 3d 1230 (CIT 

2024) (Garg Tube). 

6See Mueller Comercial de Mexico, S. de R.L. de 

C.V. v. United States, 753 F.3d 1227 (Fed. Cir. 2014) 

(Mueller). 

7See Garg Tube. 

8See Final Results of Redetermination Pursuant 

to Court Remand, Garg Tube Export LLP and Garg 

Tube Limited v. United States, 698 F. Supp. 3d 

1230 (CIT 2024), dated July 8, 2024. 

financial information that is privileged 

or confidential, and subsection 

552b(c)(9)(B), which permits closure to 

protect information that would be likely 

to significantly frustrate implementation 

of a proposed agency action were it to 

be disclosed prematurely. The closed 

session of the meeting will involve 

committee discussions and guidance 

regarding U.S. Government strategies 

and policies. 

The open session will be accessible 

via teleconference. To join the 

conference, submit inquiries to TAC@

bis.doc.gov. 

A limited number of seats will be 

available for members of the public to 

attend the open session in person. 

Reservations are not accepted. 

Special Accommodations: Individuals 

requiring special accommodations to 

access the public meeting should 

contact TAC@bis.doc.gov no later than 

Tuesday, December 3, 2024, so that 

appropriate arrangements can be made. 

To the extent that time permits, 

members of the public may present oral 

statements to the Committee. The public 

may submit written statements at any 

time before or after the meeting. 

However, to facilitate distribution of 

materials to the Committee members, 

the Committee suggests that members of 

the public forward their materials prior 

to the meeting to Ms. Springer via email. 

Material submitted by the public will be 

made public and therefore should not 

contain confidential information. 

Meeting materials from the public 

session will be accessible via the 

Technical Advisory Committee (TAC) 

site at https://tac.bis.doc.gov, within 30- 

days after the meeting. 

The Deputy Assistant Secretary for 

Administration, performing the nonexclusive functions and duties of the 

Chief Financial Officer and Assistant 

Secretary for Administration, with the 

concurrence of the delegate of the 

General Counsel, formally determined 

on September 23, 2024, pursuant to 5 

U.S.C. 1009(d)), that the portion of the 

meeting dealing with pre-decisional 

changes to the Commerce Control List 

and the U.S. export control policies 

shall be exempt from the provisions 

relating to public meetings found in 5 

U.S.C. 1009(a)(1) and 1009(a)(3). The 

remaining portions of the meeting will 

be open to the public. 

Meeting cancellation: If the meeting is 

cancelled, a cancellation notice will be 

posted on the TAC website at https://

tac.bis.doc.gov. 

For more information, contact TAC@

bis.doc.gov. 

Kevin Coyne, 

Committee Liaison Officer. 

[FR Doc. 2024–27368 Filed 11–20–24; 8:45 am] 

BILLING CODE 3510–JT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–502] 

Welded Carbon Steel Standard Pipes 

and Tubes From India: Notice of Court 

Decision Not in Harmony With the 

Results of Antidumping Administrative 

Review; Notice of Amended Final 

Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 7, 2024, the 

U.S. Court of International Trade (CIT) 

issued its final judgment in Garg Tube 

Export LLP and Garg Tube Limited v. 

United States, Court No. 21–00169, 

sustaining the U.S. Department of 

Commerce’s (Commerce) first and 

second remand results pertaining to the 

administrative review of the 

antidumping duty (AD) order on welded 

carbon steel standard pipes and tubes 

(pipe and tube) from India covering the 

period May 1, 2018, through April 30, 

2019. Commerce is notifying the public 

that the CIT’s final judgment is not in 

harmony with Commerce’s final results 

of the administrative review and that 

Commerce is amending the final results 

with respect to the dumping margin 

assigned to Garg Tube Limited and Garg 

Tube Export LLP (collectively, Garg 

Tube). 

DATES: Applicable November 17, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Dmitry Vladimirov, 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) 482–0665. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 19, 2021, Commerce 

published its Final Results in the 2018– 

2019 AD administrative review of pipe 

and tube from India.1 Commerce 

calculated a weighted-average dumping 

margin of 13.90 percent for Garg Tube.2

Garg Tube appealed Commerce’s 

Final Results. On February 3, 2023, the 

CIT granted Commerce’s request for a 

voluntary remand to recalculate Garg 

Tube’s weighted-average dumping 

margin established in the Final Results 

without making a cost-based particular 

market situation (PMS) adjustment.3 In 

its final results of the first remand 

redetermination, issued in March 2023, 

Commerce reversed a PMS adjustment 

made to the cost of production (COP) in 

the Final Results and recalculated Garg 

Tube’s weighted-average dumping 

margin accordingly.4

On April 8, 2024, the CIT remanded 

the Final Results to Commerce, holding 

that it was not reasonably discernable 

from Commerce’s analysis which 

statutory provision under section 776 of 

the Tariff Act of 1930, as amended (the 

Act), it was relying upon in applying 

partial adverse facts available (AFA) 

with respect to COP for pipe and tube 

sourced from an unaffiliated supplier.5

The CIT further held that to the extent 

that Commerce relied on section 776(a) 

of the Act, Commerce must further 

support its determination by addressing 

the Mueller 6 factors, and to the extent 

Commerce relied on section 776(b) of 

the Act, Commerce must explain why 

Garg Tube did not act to the best of its 

ability and do all that it could to 

cooperate.7

In its final results of the second 

remand redetermination, issued in July 

2024, Commerce clarified its 

methodology and, under respectful 

protest, modified the margin 

calculations for Garg Tube by relying on 

facts available, with no adverse 

inference, to fill the gap in the record on 

the unaffiliated supplier’s missing COP 

information caused by its noncooperation.8 The CIT sustained 


lotter on DSK11XQN23PROD with NOTICES1
92092 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Notices 

9See Garg Tube Export LLP and Garg Tube 

Limited v. United States, Court No. 21–00169, Slip 

Op. 24–124 and Judgment Order (CIT November 7, 

2024). 

10See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

11See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 12See 19 CFR 351.106(c)(2). 

1See Ferrosilicon from the Russian Federation: 

Final Affirmative Determination of Sales at Less 

Than Fair Value and Final Affirmative 

Determination of Critical Circumstances, 89 FR 

76450 (September 18, 2024); see also Ferrosilicon 

from the Russian Federation: Final Affirmative 

Countervailing Duty Determination and Final 

Affirmative Determination of Critical 

Circumstances, 89 FR 76454 (September 18, 2024). 

2See ITC Letter, ‘‘Notification of ITC Final 

Determination,’’ dated November 4, 2024. 

3See Ferrosilicon from Russia, 89 FR 88814 

(November 8, 2024) (ITC Final Determination). 

4 Id. 

Commerce’s final results of the first and 

second redeterminations.9

Timken Notice 

In its decision in Timken,10 as 

clarified by Diamond Sawblades,11 the 

U.S. Court of Appeals for the Federal 

Circuit held that, pursuant to sections 

516A(c) and (e) of the Act, Commerce 

must publish a notice of court decision 

that is not ‘‘in harmony’’ with a 

Commerce determination and must 

suspend liquidation of entries pending 

a ‘‘conclusive’’ court decision. The CIT’s 

November 7, 2024, judgment constitutes 

a final decision of the CIT that is not in 

harmony with Commerce’s Final 

Results. Thus, this notice is published 

in fulfillment of the publication 

requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results with respect to Garg Tube 

as follows: 

Producer or exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Garg Tube Export LLP and Garg 

Tube Limited ........................... 4.25 

Cash Deposit Requirements 

Because Garg Tube does not have a 

superseding cash deposit rate, i.e., there 

have not been final results published in 

a subsequent administrative review, we 

will issue revised cash deposit 

instructions to U.S. Customs and Border 

Protection (CBP). 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that were produced and/or 

exported by Garg Tube, and were 

entered, or withdrawn from warehouse, 

for consumption during the period May 

1, 2018, through April 30, 2019. These 

entries will remain enjoined pursuant to 

the terms of the injunction during the 

pendency of any appeals process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, upheld by a 

final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess antidumping duties on 

unliquidated entries of subject 

merchandise produced and/or exported 

by Garg Tube in accordance with 19 

CFR 351.212(b). We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review when the importer-specific ad 

valorem assessment rate is not zero or 

de minimis. Where an import-specific 

ad valorem assessment rate is zero or de 

minimis,12 we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: November 15, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–27319 Filed 11–20–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–821–838, C–821–839] 

Ferrosilicon From the Russian 

Federation: Antidumping and 

Countervailing Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the U.S. Department 

of Commerce (Commerce) and the U.S. 

International Trade Commission (ITC), 

Commerce is issuing antidumping duty 

(AD) and countervailing duty (CVD) 

orders on ferrosilicon from the Russian 

Federation (Russia). 

DATES: Applicable November 21, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Jacob Saude, 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) 482–0981. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 705(d), 

735(d), and 777(i) of the Tariff Act of 

1930, as amended (the Act), on 

September 18, 2024, Commerce 

published its affirmative final 

determination of sales at less than fair 

value and its final affirmative 

determination that countervailable 

subsidies are being provided to 

producers and exporters of ferrosilicon 

from Russia.1 As part of these 

determinations, Commerce made 

affirmative critical circumstances 

findings for the Russia-wide entity in 

the AD investigation and for Russian 

Ferro Alloys Inc./RFA International LP 

and all other producers and/or exporters 

in the CVD investigation. 

On November 4, 2024, the ITC 

notified Commerce of its affirmative 

final determination that an industry in 

the United States is materially injured 

within the meaning of sections 

705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the 

Act, by reason of imports of ferrosilicon 

that are subsidized by the government of 

Russia and sold in the United States at 

less than fair value.2 On November 8, 

2024, in accordance with section 735(d) 

of the Act, the ITC published in the 

Federal Register its affirmative final 

injury determination in these 

investigations in which it found that an 

industry in the United States is 

materially injured by reason of imports 

of ferrosilicon from Russia.3 In addition, 

the ITC found that critical 

circumstances do not exist with regard 

to imports from Russia.4

Scope of the Orders 

The product covered by these orders 

is ferrosilicon from Russia. For a 

complete description of the scope of the 

orders, see the appendix to this notice. 

Antidumping Duty Order 

On November 4, 2024, in accordance 

with section 735(d) of the Act, the ITC 

notified Commerce of its final 

determination that an industry in the 

United States is materially injured 

within the meaning of section 

735(b)(1)(A)(i) of the Act by reason of 

imports of ferrosilicon that are sold in 

the United States at less than fair value. 

Therefore, in accordance with sections 

735(c)(2) and 736 of the Act, Commerce 

is issuing this AD order. Because the 

ITC determined that imports of 

ferrosilicon from Russia are materially 

injuring a U.S. industry, unliquidated 

entries of such merchandise from 

Russia, entered or withdrawn from 


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