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[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Notices]
[Pages 96939-96942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28694]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-930]

Certain High Chrome Cast Iron Grinding Media From India: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
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 certain high chrome cast iron grinding media (grinding 
media) from India is being, or is likely to be, sold in the United 
States at less than fair value (LTFV). The period of investigation 
(POI) is April 1, 2023, through March 31, 2024. Interested parties are 
invited to comment on this preliminary determination.

DATES: Applicable December 6, 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

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
initiated this

[[Page 96940]]

investigation on May 16, 2024.\1\ On July 22, 2024, Commerce tolled 
certain deadlines in this administrative proceeding by seven days.\2\ 
On September 10, 2024, Commerce postponed the preliminary determination 
of this investigation until November 29, 2024.\3\ For a complete 
description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\4\
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    \1\ See Certain High Chrome Cast Iron Grinding Media from India: 
Initiation of Less-Than-Fair-Value Investigation, 89 FR 45630 (May 
23, 2024) (Initiation Notice).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Certain High Chrome Cast Iron Grinding Media from India: 
Postponement of Preliminary Determination in the Less-Than-FairValue 
Investigation, 89 FR 73366 (September 10, 2024).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain High Chrome Cast Iron Grinding Media from India,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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    A list of topics included in the Preliminary Decision Memorandum is 
provided in Appendix II of 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 grinding media from 
India. 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\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\7\ 
Commerce is not preliminarily modifying the scope language as it 
appeared in the Initiation Notice. See the scope in Appendix I to this 
notice. Pursuant to 19 CFR 351.309(c)(2), interested parties may submit 
additional comments on the scope of this investigation in scope case 
briefs, which may be submitted no later than 30 days after the issuance 
of the Preliminary Scope Decision Memorandum.\8\
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \6\ See Initiation Notice, 89 FR at 45631.
    \7\ See Memorandum, ``Antidumping Duty and Countervailing Duty 
Investigations of Certain High Chrome Cast Iron Grinding Media from 
India: Preliminary Scope Decision Memorandum,'' dated concurrently 
with this preliminary determination (Preliminary Scope Decision 
Memorandum).
    \8\ Id.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Constructed export prices have been calculated 
in accordance with section 772(b) of the Act. Normal value is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, 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 weighted-average 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.
    Commerce calculated an individual estimated weighted-average 
dumping margin for AIA Engineering Limited (AIAEL) and its affiliates 
(collectively, AIA),\9\ the only individually examined exporter/
producer \10\ in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for AIA is the margin assigned to all other producers 
and exporters, pursuant to section 735(c)(5)(A) of the Act.
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    \9\ See Memorandum, ``Preliminary Affiliation and Collapsing 
Memorandum for AIA Engineering Limited, Welcast Steel Limited, Vega 
Industries (Middle East) F.Z.C, and Vega Industries Ltd., USA,'' 
dated concurrently with this memorandum (Collapsing Memorandum).
    \10\ Commerce initially selected both Vega Industries and AIAEL 
as the two mandatory respondents for this investigation. See 
Respondent Selection Memorandum, dated June 11, 2024. However, AIA 
requested on behalf of itself and its affiliated companies, 
including Vega Industries, to submit only one set of responses to 
Commerce's investigation. Therefore, AIAEL will have the sole 
calculated dumping margin in this investigation. For more 
information, see Preliminary Decision Memorandum and Collapsing 
Memorandum.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:
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    \11\ Adjusted for export subsidies of 2.88 percent (comprised of 
1.63 percent for the duty drawback program, 0.07 percent for the 
status holder incentive scheme, 0.18 percent for the interest 
equalization scheme, and 1.00 percent for the remission of duties 
and taxes on export products) for AIA. See Certain High Chrome Cast 
Iron Grinding Media from India: Preliminary Affirmative 
Countervailing Duty Determination, and Alignment of Final 
Determination with Final Antidumping Duty Determination, 89 FR 80865 
(October 4, 2024), and accompanying Preliminary Decision Memorandum.
    \12\ Commerce preliminarily determines that AIAEL and Welcast 
Steel Limited (Welcast) are a single entity. In addition, Commerce 
preliminarily determines that AIAEL is affiliated with Vega 
Industries (Middle East) F.Z.C (Vega ME) and Vega Industries Ltd., 
USA (Vega USA). See Preliminary Decision Memorandum and Collapsing 
Memorandum.

------------------------------------------------------------------------
                                                      Cash deposit rate
                               Estimated weighted-      (adjusted for
      Exporter/producer          average dumping     subsidy offset(s))
                                margin (percent)       (percent) \11\
------------------------------------------------------------------------
AIA Engineering Limited \12\                  7.18                  4.30
All Others..................                  7.18                  4.30
------------------------------------------------------------------------

[[Page 96941]]

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 all-others rate, as follows: 
(1) the cash deposit rate for the respondents listed above will be 
equal to the company-specific 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 weighted-average 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. Should 
provisional measures in the companion CVD investigation expire prior to 
the expiration of provisional measures in this LTFV investigation, 
Commerce will direct CBP to begin collecting estimated antidumping duty 
cash deposits unadjusted for countervailed export subsidies at the time 
that the provisional CVD measures expire. 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. 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.\13\ 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.\14\
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    \13\ See 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).
    \14\ See 19 351.309(c)(2) and (d)(2)
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    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.\15\ 
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 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 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).\16\
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    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ See APO and Service Final Rule.
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    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 
1) the party's name, address, and telephone number; 2) the number of 
participants and whether any participant is a foreign national; and 3) 
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 15, 2024, pursuant to 19 CFR 351.210(e), AIA requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\17\ 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 exporter accounts 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

[[Page 96942]]

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.
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    \17\ See AIA's Letter, ``Request to Postpone Final 
Determination,'' dated October 15, 2024.
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U.S. International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the 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: November 29, 2024.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.

Appendix I

Scope of the Investigation

    The scope of this investigation covers chrome cast iron grinding 
media in spherical (ball) or ovoid shape, with an alloy composition 
of seven percent or more (>=7 percent of total mass) chromium (Cr) 
content and produced through the casting method, with a nominal 
diameter of up to 127 millimeters (mm) and tolerance of plus or 
minus 10 mm. The products covered by the scope are currently 
classified under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 7325.91.0000. This HTSUS subheading is provided 
for convenience and U.S. Customs purposes only. The written 
description of the scope is 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. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-28694 Filed 12-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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