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[Federal Register Volume 90, Number 115 (Tuesday, June 17, 2025)] [Notices] [Pages 25584-25586] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-10982] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-196] Slag Pots From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that slag pots from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2024, through September 30, 2024. Interested parties are invited to comment on this preliminary determination. DATES: Applicable June 17, 2025. FOR FURTHER INFORMATION CONTACT: George McMahon, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1167. 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 January 28, 2025.\1\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.\2\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. --------------------------------------------------------------------------- \1\ See Slag Pots from the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 90 FR 8276 (January 28, 2025) (Initiation Notice). \2\ See Memorandum, ``Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Slag Pots from the People's Republic of China,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are slag pots from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce's regulations,\3\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).\4\ 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 submitted to the record for this preliminary determination, and accompanying discussion and analysis of the comments timely received, see the Preliminary Scope Decision Memorandum.\5\ Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. --------------------------------------------------------------------------- \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \4\ See Initiation Notice, 90 FR at 8277. \5\ See Memorandum, ``Antidumping Duty and Countervailing Duty Investigations of Slag Pots from the People's Republic of China: Preliminary Scope Decision Memorandum,'' dated March 27, 2025 (Preliminary Scope Decision Memorandum). --------------------------------------------------------------------------- Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, for the China-wide entity which includes: (1) Chaeng Great Wall Casting Co., Ltd.; (2) Chaugzhou Jinyuan Machinery Equipment Ltd. Co.; (3) China Minmetals Corporation; (4) Dawang Metals Co. Ltd.; (5) Dehua Protech Innovation Co., Ltd.; (6) Liaoning Mineral and Metallurgy Group Co. Ltd.; (7) MCC Baosteel Technology Services Co., Ltd.; (8) Shantou Huaxing Metallurgical Equipment Co. Ltd.; (9) Shaoguan Germany China Metal Group, Ltd.; (10) Shenyang Minmetal Import & Export Co., Ltd.; and (11) UMECC Beijing Equipment Co., Ltd. For a full description of the methodology underlying Commerce's preliminary determination, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,\6\ Commerce stated that it would calculate producer/exporter combination rates for the [[Page 25585]] respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.\7\ In this case, because no respondent qualified for a separate rate, producer/ exporter combination rates were not calculated. --------------------------------------------------------------------------- \6\ See Initiation Notice, 90 FR at 8280. \7\ See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf. --------------------------------------------------------------------------- Preliminary Determination Commerce preliminarily determines that the following estimated dumping margin exists: ------------------------------------------------------------------------ Cash deposit Weighted- rate (adjusted Producer/exporter average dumping for subsidy margin offset (percent) (percent)) ------------------------------------------------------------------------ China-Wide Entity..................... * 294.43 278.81 ------------------------------------------------------------------------ * Rate is based on facts available with adverse inferences. 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 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, as discussed below. 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 weighted-average amount by which normal value exceeds U.S. price, as indicated in the chart above, as follows: (1) for all combinations of Chinese producers/exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the China-wide entity; and (2) for all third-country exporters of merchandise under consideration, the cash deposit rate is the cash deposit rate applicable to the China-wide entity. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce has offset the calculated estimated weighted- average dumping margin by the appropriate rate(s). Any such adjusted rates may be found in the ``Preliminary Determination'' section's chart of estimated weighted-average dumping margins 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 cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for the passed-through domestic subsidies or for export subsidies at the time the CVD provisional measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a preliminary determination within five days of its 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). However, because Commerce preliminarily determined that all companies are part of the China-wide entity and assigned to the China-wide entity, as AFA, a rate that is based solely on the margin alleged in the Petition, there are no calculations to disclose.\8\ --------------------------------------------------------------------------- \8\ See Petitioner's Letter, ``Slag Pots from the People's Republic of China: Petitions for the Imposition of Antidumping and Countervailing Duties,'' dated December 31, 2024 (Petition). --------------------------------------------------------------------------- Verification Because no companies in this investigation demonstrated eligibility for a separate rate, Commerce preliminarily determines that all companies are part of the China-wide entity; therefore, verification will not be conducted. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 14 days after the date of publication of the preliminary determination. 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.\9\ 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.\10\ --------------------------------------------------------------------------- \9\ 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). \10\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide a public 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.\11\ 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 [[Page 25586]] the service of documents in 19 CFR 351.303(f).\12\ --------------------------------------------------------------------------- \11\ We use the term ``issue'' here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. \12\ See APO and Service Final Rule. --------------------------------------------------------------------------- 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; (3) 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 date and time to be determined. Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the signature date 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 of sales at LTFV. 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 the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: June 10, 2025. Steven Presing, Acting Deputy Assistant Secretary for Policy and Negotiations. Appendix I Scope of the Investigation The merchandise covered by the investigation is slag pots with a nominal capacity of 65 cubic feet to 1200 cubic feet regardless of shape, form, or finish. Slag pots are load bearing devices typically formed as a curved shell or bowl-shaped container. Slag pots are metallurgical goods typically produced either using a casting process or a fabrication process (e.g., welding) and may include a ceramic refractory coating, heat treatment or various finishes in order to handle high temperature slag. Slag pots may contain integral features or attachments including (1) legs (or a stand) and (2) pivotal mounting hooks or brackets. Legs (or a stand) are a fixed or detachable support structure which allows the slag pot to be securely positioned upright on a surface when not being lifted or transported and may also keep the slag pot off the ground and allow for air cooling. The pivotal mounting hooks and brackets are specialized attachment points (such as lifting lugs or trunnions) that allow the slag pot to be securely lifted and transported by a crane or lifting device, or that enable the slag pot to swing or rotate while remaining attached to the lifting mechanism. The merchandise covered by this investigation includes all aforementioned attachments of a fully assembled slag pot, regardless of whether shipped assembled or unassembled. Slag pots are included within the scope whether finished or unfinished, whether imported individually or with other subject or non-subject merchandise, or whether assembled with attachments or unassembled. Finishing includes, but is not limited to, arc washing, welding, grinding, shot blasting, heat treatment, machining, and assembly of various parts. The country of origin for slag pots whether fully assembled, unfinished or finished, is the country where the slag pot was cast or forged. Subject merchandise includes slag pots that have been further processed or further assembled in a third country. Further processing and further assembly include, but is not limited to, arc washing, welding, grinding, shot blasting, heat treatment, painting, coating, priming, machining, and assembly of attachments. Slag pots subject to the investigation are specified within the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7309.00.0090 and 8454.20.0080. The slag pot attachments covered by the scope of this investigation may enter under HTSUS subheadings 7316.00.0000, 7325.10.0080, 7325.99.1000, 7325.99.5000, and 7326.19.0080. The HTSUS subheading is provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Discussion of the Methodology V. Adjustment Under Section 777A(f) of the Act VI. Adjustment to Cash Deposit Rate for Export Subsidies in the Companion Countervailing Duty Investigation VII. Recommendation [FR Doc. 2025-10982 Filed 6-16-25; 8:45 am] BILLING CODE 3510-DS-P