106430 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

3See Risen Energy, Co., Ltd., v. United States, 724 

F.Supp.3d 1356 (CIT 2024). 

4See Final Results of Redetermination Pursuant 

to Court Remand, Risen Energy Co., Ltd., v. United 

States Court No. 23–00153, Slip Op. 2–94 (CIT 

August 16, 2024), dated November 13, 2024 

(Remand Redetermination), available at https:// 

access.trade.gov/public/ 

FinalRemandRedetermination.aspx. 

5 Id. 

6See Risen Energy Co., Ltd., v. United States, Slip 

Op. 24–144 (CIT 2024). 

7See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

8See Diamond Sawblades Manufacturers 

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

2010) (Diamond Sawblades). 

9This rate applies Risen Energy Co., Ltd. and its 

cross-owned companies: Risen Energy (Luoyang) 

Co., Ltd.; Risen Energy (Wuhai) Co., Ltd.; Risen 

Energy (Changzhou) Co., Ltd.; Risen Energy 

(Ningbo) Co., Ltd.; Risen Energy (Yiwu) Co., Ltd.; 

Zhejiang Boxin Investment Co., Ltd.; Zhejiang 

Twinsel Electronic Technology Co., Ltd.; Jiangsu 

Sveck New Material Co., Ltd.; Changzhou Sveck 

Photovoltaic New Material Co., Ltd. (including 

Changzhou Sveck Photovoltaic New Material Co., 

Ltd. Jintan Danfeng Road Branch); Changzhou 

Sveck New Material Technology Co., Ltd.; Ninghai 

Risen Energy Power Development Co., Ltd.; Risen 

(Ningbo) Electric Power Development Co., Ltd.; 

Changzhou Jintan Ningsheng Electricity Power Co., 

Ltd.; and Risen (Changzhou) Import and Export Co., 

Ltd. 

10See 19 CFR 351.106(c)(2). 

1See Silicomanganese from India: Preliminary 

Results, Preliminary Results of Antidumping Duty 

Administrative Review and Intent to Rescind, in 

Part; 2022–2023, 89 FR 49152 (June 11, 2024) 

(Preliminary Results), and accompanying 

Preliminary Decision Memorandum (PDM). 

2See Preliminary Results, 89 FR at 49153. 

3See Memorandum, ‘‘Extension of Deadline for 

Final Results of Countervailing [sic] Duty 

Administrative Review,’’ dated October 16, 2024. 

The memorandum title should read, ‘‘Extension of 

Deadline for Final Results of Antidumping Duty 

Administrative Review.’’ 

Risen is able to account for, or to 

remove at least the portion of the EBCP 

rate attributable to the customers 

demonstrating non-use from the 

calculation of Risen’s overall subsidy 

rate.3

In its final Remand Redetermination,4

issued in November 2024, Commerce 

found that pro-rating Risen’s subsidy 

rate to account for the number of nonuse certifications provided by its U.S. 

customers is inconsistent with 

Commerce’s practice and the AFA 

hierarchy. Commerce removed the 5.46 

percent EBCP AFA rate from Risen’s 

total countervailable subsidy rate.5 The 

CIT sustained Commerce’s Remand 

Redetermination.6

Timken Notice 

In its decision in Timken,7 as clarified 

by Diamond Sawblades,8 the Court of 

Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) and (e) 

of the Tariff Act of 1930, as amended 

(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 

December 18, 2024, judgment 

constitutes a final decision of the CIT 

that is not in harmony with Commerce’s 

Final Results/Amended 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 and Amended Final 

Results with respect to producer and/or 

exporter Risen’s countervailable subsidy 

rate for the period of January 1, 2020, 

through December 31, 2020, as follows: 

Producer/ 

exporter 

Subsidy 

rate 

(percent 

ad valorem) 

Risen Energy Co., Ltd.9 ........... 13.49 

Cash Deposit Requirements 

Because Risen does not have a 

superseding cash deposit rate, 

Commerce 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 the CIT order from 

liquidating entries that: were produced 

and/or exported by Risen, and were 

entered, or withdrawn from warehouse, 

for consumption during the period 

January 1, 2020 through December 31, 

2020. 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 countervailing duties on 

unliquidated entries of subject 

merchandise produced and/or exported 

by Risen in accordance with 19 CFR 

351.212(b). We will instruct CBP to 

assess countervailing duties on all 

appropriate entries covered by this 

review when the ad valorem rate is not 

zero or de minimis. Where an ad 

valorem subsidy rate is zero or de 

minimis,10 we will instruct CBP to 

liquidate the appropriate entries 

without regard to countervailing 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: December 20, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–31190 Filed 12–27–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–823] 

Silicomanganese From India: Final 

Results and Partial Rescission of 

Antidumping Duty Administrative 

Review; 2022–2023 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) finds that 

Maithan Alloys Limited (MAL) made 

sales of subject merchandise at less than 

normal value during the period of 

review (POR) May 1, 2022, through 

April 30, 2023. Additionally, we are 

rescinding the review with respect to 

Rajadhiraj Tirupani Vinayak Natraj Pvt. 

Ltd. (RTVN), because we find that it had 

no shipments of subject merchandise 

during the POR. 

DATES: Applicable December 30, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Keith, 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) 482–0264. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 11, 2024, Commerce 

published the preliminary results of the 

2022–2023 administrative review of the 

antidumping duty order on 

silicomanganese from India.1 We 

invited interested parties to comment on 

the Preliminary Results.2 No interested 

parties submitted comments; thus, no 

decision memoranda accompany this 

notice. The Preliminary Results are 

hereby adopted as the final results of 

this review. Commerce conducted this 

review in accordance with section 

751(a) of the Tariff Act of 1930, as 

amended (the Act). On October 16, 

2024, in accordance with section 

751(a)(3)(A) of the Act, Commerce 

extended the deadline for the final 

results of this review by 60 days, until 

December 16, 2024.3 On December 9, 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 106431 

4See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated December 9, 2024. 

5See 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) (Order). 

6See Preliminary Results PDM at 2. 

7 Id at 3. 

8See 19 CFR 351.212(b)(1). 

9See 19 CFR 352.106(c)(2); see also Antidumping 

Proceeding: Calculation of the Weighted-Average 

Dumping Margin and Assessment Rate in Certain 

Antidumping Proceedings; Final Modification, 77 

FR 8101, 8103 (February 14, 2012). 

10For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 11See Order. 

2024, Commerce tolled the deadlines to 

issue the preliminary or final results in 

all ongoing administrative reviews by 90 

days.4 Accordingly, the deadline for 

Commerce to issue the final results in 

this administrative review is now March 

17, 2025. 

Scope of the Order 5

The merchandise covered by the 

scope of the Order is silicomanganese 

from India. A full description of the 

scope of the Order is provided in the 

Preliminary Results.6

Recission of Administrative Review, in 

Part 

In the Preliminary Results, we stated 

that we intended to rescind this review 

with respect to RTVN, which we 

preliminarily found had no shipments 

of subject merchandise during the POR, 

pursuant to 19 CFR 351.213(d)(3).7 No 

party filed comments with respect to 

our preliminary finding and intent to 

rescind the review. Therefore, we are 

rescinding the administrative review 

with respect to RTVN. 

Final Results of the Review 

We determine the following estimated 

weighted-average dumping margin for 

the period May 1, 2022, through April 

30, 2023. 

Exporter/producer 

Weightaverage 

dumping 

margin 

(percent) 

Maithan Alloys Limited ............... 1.71 

Disclosure 

Because Commerce received no 

comments on the Preliminary Results, 

we have not modified our analysis. 

Consequently, there are no calculations 

to disclose in accordance with 19 CFR 

351.224(b) for these final results. 

Assessment Rates 

Pursuant to section 751(a)(2)(C) of the 

Act and 19 CFR 351.212(b)(1), 

Commerce will determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries of subject 

merchandise in accordance with the 

final results of this review. If the 

weighted-average dumping margin is 

not zero or de minimis (i.e., less than 

0.50 percent), upon completion of the 

final results, Commerce intends to 

calculate importer-specific assessment 

rates on the basis of the ratio of the total 

amount of dumping calculated for each 

importer’s examined sales to the total 

entered value of those sales. Where we 

do not have entered values for all U.S. 

sales to a particular importer, we will 

calculate an importer-specific, per-unit 

assessment rate on the basis of the ratio 

of the total amount of dumping 

calculated for the importer’s examined 

sales to the total quantity of those sales.8

To determine whether an importerspecific, per-unit assessment rate is de 

minimis, in accordance with 19 CFR 

351.106(c)(2), we also will calculate an 

importer-specific ad valorem ratio based 

on estimated entered values. Where the 

weighted-average dumping margin is 

zero or de minimis, or an importerspecific ad valorem assessment rate is 

zero or de minimis, we will instruct CBP 

to liquidate appropriate entries without 

regard to antidumping duties.9

For entries of subject merchandise 

during the POR produced by MAL for 

which it did not know that the 

merchandise it sold to the intermediary 

(e.g., reseller, trading company, or 

exporter) was destined for the United 

States, we will instruct CBP to liquidate 

such entries at the all-others rate if there 

is no rate for the intermediate 

company(ies) involved in the 

transaction.10

For the company for which we are 

rescinding this review, we will instruct 

CBP to assess antidumping duties on all 

appropriate entries at a rate equal to the 

cash deposit of estimated antidumping 

duties required at the time of entry, or 

withdrawal from warehouse, in 

accordance with 19 CFR 351.212(c)(l)(i). 

Commerce intends to issue these 

rescission instructions to CBP no earlier 

than 35 days after the publication of this 

notice in the Federal Register. 

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of these final results in the 

Federal Register. If a timely summons is 

filed at the U.S. Court of International 

Trade, the assessment instructions will 

direct CBP not to liquidate relevant 

entries until the time for parties to file 

a request for a statutory injunction has 

expired (i.e., within 90 days of 

publication). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of subject merchandise 

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 the companies 

under review will equal to the dumping 

margin established in the final results of 

this review for each respondent (except, 

if that rate is de minimis, then the cash 

deposit rate will be zero); (2) for 

producers or exporters not covered in 

this review but covered in a prior 

segment of the proceeding, the cash 

deposit rate will continue to be the 

company-specific rate published for the 

most recently-completed segment of this 

proceeding in which they were 

reviewed; (3) if the exporter is not a firm 

covered in this review or a prior 

segment of the proceeding but the 

producer is, then the cash deposit rate 

will be the rate established for the most 

recently completed segment of this 

proceeding for the producer of the 

merchandise; and (4) the cash deposit 

rate for all other producers or exporters 

will continue to be 17.74 percent, the 

all-others rate established in the lessthan-fair-value investigation.11 These 

cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping and/or countervailing 

duties prior to liquidation of the 

relevant entries during this review 

period. Failure to comply with this 

requirement could result in Commerce’s 

presumption that reimbursement of 

antidumping and/or countervailing 

duties occurred and the subsequent 

assessment of double antidumping 

duties, and/or an increase in the amount 

of antidumping duties by the amount of 

the countervailing duties. 

Administrative Protective Order (APO) 

This notice also serves as a reminder 

to parties subject to an APO of their 

responsibility concerning the return or 

destruction of proprietary information 


ddrumheller on DSK120RN23PROD with NOTICES1
106432 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

1See Polyethylene Terephthalate Film, Sheet, and 

Strip from India: Preliminary Results of 

Countervailing Duty Administrative Review and 

Rescission of Review, in Part; 2022, 89 FR 65591 

(August 12, 2024) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Extension of Deadline for 

Final Results of Countervailing Duty Administrative 

Review,’’ dated December 2, 2024. 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated December 9, 2024. 

4See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 

Countervailing Duty Administrative Review of 

Polyethylene Terephthalate Film, Sheet, and Strip 

from India; 2022,’’ dated concurrently with, and 

hereby adopted by, this notice (Issues and Decision 

Memorandum). 

5See Countervailing Duty Order; Polyethylene 

Terephthalate Film, Sheet, and Strip (PET Film) 

from India, 67 FR 44179 (July 1, 2002) (Order). 

6See 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. 

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/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

Notification to Interested Parties 

Commerce is issuing and publishing 

the final results of this review in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act, and 19 CFR 

351.221(b)(5). 

Dated: December 18, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–30929 Filed 12–27–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–825] 

Polyethylene Terephthalate Film, 

Sheet, and Strip From India: Final 

Results of Countervailing Duty 

Administrative Review; 2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

certain producers and exporters of 

polyethylene terephthalate film, sheet, 

and strip (PET film) from India received 

countervailable subsidies during the 

period of review (POR) January 1, 2022, 

through December 31, 2022. 

DATES: Applicable December 30, 2024. 

FOR FURTHER INFORMATION CONTACT: 

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) 482–4342. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 12, 2024, Commerce 

published the Preliminary Results of 

this administrative review in the 

Federal Register and invited comments 

from interested parties.1 On December 

2, 2024, we extended the deadline for 

the final results of this review to no later 

than January 15, 2025.2 Additionally, on 

December 9, 2024, Commerce tolled the 

deadline to issue the final results in this 

administrative review by 90 days.3

Accordingly, the deadline for the final 

results is now April 15, 2025. 

For a complete description of the 

events that occurred since the 

Preliminary Results, see the Issues and 

Decision Memorandum.4 Commerce 

conducted this review in accordance 

with section 751(a)(1)(A) of the Tariff 

Act of 1930, as amended (the Act). 

Scope of the Order 5

The merchandise covered by the 

Order is PET film from India. For a 

complete description of the scope of the 

Order, see the Issues and Decision 

Memorandum. 

Analysis of Comments Received 

All issues raised in the case brief 

submitted by interested parties in this 

review are addressed in the Issues and 

Decision Memorandum. The topics 

discussed and the issues raised by 

parties to which we responded in the 

Issues and Decision Memorandum are 

listed in the appendix to this notice. 

The Issues and 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 Issues and 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Changes Since the Preliminary Results 

Based on our analysis of comments 

received from interested parties, we 

made changes to the net countervailable 

subsidy rates for Jindal Poly Films 

Limited (Jindal). For a discussion of 

these changes, see the Issues and 

Decision Memorandum. 

Methodology 

Commerce conducted this 

administrative review in accordance 

with section 751(a)(1)(A) of the Act. For 

each of the subsidy programs found to 

be countervailable, we find that there is 

a subsidy, i.e., a government-provided 

financial contribution that gives rise to 

a benefit to the recipient, and that the 

subsidy is specific.6 In making this final 

determination, Commerce relied, in 

part, on facts otherwise available, 

including with an adverse inference, 

pursuant to sections 776(a) and (b) of 

the Act. For a complete description of 

the methodology underlying all of 

Commerce’s conclusions, see the Issues 

and Decision Memorandum. 

Final Results of the Administrative 

Review 

Commerce determines that the 

following net countervailable subsidy 

rates exist for the period January 1, 

2022, through December 31, 2022: 

Producer/exporter 

Subsidy rate 

(percent ad 

valorem) 

Jindal Poly Films Limited ...... * 122.75 

Garware Hi-Tech Films Limited .................................... 4.96 

* Rate is based on facts available with adverse inferences. 

Disclosure 

Commerce intends to disclose to 

interested parties the calculations 

performed in connection with these 

final results within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication of the notice 

of final results in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

However, we did not make any changes 

from the preliminary subsidy rates 

calculated for Garware Hi-Tech Films 

Limited (Garware); therefore, we will 

not disclose any calculation documents 

for Garware for these final results of 

review. 

Assessment 

In accordance with section 

751(a)(2)(C) of the Act and 19 CFR 

351.212(b)(2), Commerce shall 

determine, and U.S. Customs and 

Border Protection (CBP) shall assess, 

countervailing duties on all appropriate 

entries covered by this review. 

Commerce intends to issue assessment 

instructions to CBP no earlier than 35 

days after publication of the final results 


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