Notice2024-15058
Ferrosilicon From Brazil, Kazakhstan, Malaysia, and Russia; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
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Published
July 9, 2024
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-712-715 and 731-TA-1679-1682 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of ferrosilicon from Russia, provided for in subheadings 7202.21 and 7202.29 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized by the Government of Russia and alleged to be sold in the United States at less than fair value. Determinations with respect to imports of ferrosilicon from Brazil, Kazakhstan, and Malaysia, alleged to be subsidized by the Governments of Brazil, Kazakhstan, and Malaysia and alleged to be sold in the United States at less than fair value, are pending.
Full Text
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<title>Federal Register, Volume 89 Issue 131 (Tuesday, July 9, 2024)</title>
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[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56407-56408]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15058]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-712-715 and 731-TA-1679-1682 (Final)]
Ferrosilicon From Brazil, Kazakhstan, Malaysia, and Russia;
Scheduling of the Final Phase of Countervailing Duty and Antidumping
Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-712-715 and 731-TA-1679-1682 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of ferrosilicon from Russia, provided
for in subheadings 7202.21 and 7202.29 of the Harmonized Tariff
Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized by the
Government of Russia and alleged to be sold in the United States at
less than fair value. Determinations with respect to imports of
ferrosilicon from Brazil, Kazakhstan, and Malaysia, alleged to be
subsidized by the Governments of Brazil, Kazakhstan, and Malaysia and
alleged to be sold in the United States at less than fair value, are
pending.
DATES: June 28, 2024.
FOR FURTHER INFORMATION CONTACT: Lawrence Jones ((202) 205-3358),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as covering ``all forms and sizes of
ferrosilicon, regardless of grade, including ferrosilicon briquettes.
Ferrosilicon is a ferroalloy containing by weight 4 percent or more
iron, more than 8 percent but not more than 96 percent silicon, 3
percent or less phosphorus, 30 percent or less manganese, less than 3
percent magnesium, and 10 percent or less 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 investigations 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.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Act (19 U.S.C.
1671d(b) and 1673d(b)), as a result of affirmative preliminary
determinations by Commerce that certain benefits provided by the
Government of Russia, which constitute subsidies within the meaning of
Sec. 703 of the Act (19 U.S.C. 1671b), are being provided to
manufacturers, producers, or exporters of ferrosilicon in Russia, and
that such products are being sold in the United States at less than
fair value within the meaning of Sec. 733 of the Act (19 U.S.C.
1673b). Determinations with respect to imports of ferrosilicon from
Brazil, Kazakhstan, and Malaysia, alleged to be subsidized by the
Governments of Brazil, Kazakhstan, and Malaysia and alleged to be sold
in the United States at less than fair value, are pending. The
investigations were requested in petitions filed on March 28, 2024, by
Ferroglobe USA, Inc., Beverly, Ohio and CC Metals and Alloys, LLC,
Calvert City, Kentucky.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice.
[[Page 56408]]
Authorized applicants must represent interested parties, as defined by
19 U.S.C. 1677(9), who are parties to the investigations. A party
granted access to BPI in the preliminary phase of the investigations
need not reapply for such access. A separate service list will be
maintained by the Secretary for those parties authorized to receive BPI
under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on August
19, 2024, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on
Wednesday, September 4, 2024. Requests to appear at the hearing should
be filed in writing with the Secretary to the Commission on or before
Tuesday, August 27, 2024. Any requests to appear as a witness via
videoconference must be included with your request to appear. Requests
to appear via videoconference must include a statement explaining why
the witness cannot appear in person; the Chairman, or other person
designated to conduct the investigations, may in their discretion for
good cause shown, grant such a request. Requests to appear as remote
witness due to illness or a positive COVID-19 test result may be
submitted by 3:00 p.m. the business day prior to the hearing. Further
information about participation in the hearing will be posted on the
Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday,
September 3, 2024. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than 4:00 p.m. on Tuesday, September 3, 2024 (one
business day prior to hearing). Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is August 26, 2024. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is September 11, 2024. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before September 11, 2024. On October 1, 2024, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before October 3, 2024, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
Issued: July 3, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-15058 Filed 7-8-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on July 9, 2024.
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