Notice2024-21175
Ferrosilicon From the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 18, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that ferrosilicon from the Russian Federation (Russia) is being, or is likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) July 1, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 181 (Wednesday, September 18, 2024)</title>
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[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76450-76452]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21175]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-838]
Ferrosilicon From the Russian Federation: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
ferrosilicon from the Russian Federation (Russia) is being, or is
likely to be, sold in the United States at less than fair value (LTFV)
during the period of investigation (POI) July 1, 2023, through December
31, 2023.
DATES: Applicable September 18, 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
On June 28, 2024, Commerce published the Preliminary Determination
in this LTFV investigation in the Federal Register.\1\ On July 22,
2024, Commerce tolled certain deadlines in these administrative
proceedings by seven days.\2\ The deadline for the final determination
is now September 11, 2024. We only received comment on the Preliminary
Determination from CC Metals and Alloys, LLC and Ferroglobe USA, Inc.
(collectively, the petitioners), in which the petitioners argued that
lack of participation in this investigation should lead Commerce to
reach the same conclusion for the final determination as it did in the
Preliminary Determination.\3\ Subsequently, on August 28, 2024,
Commerce published its Preliminary Critical Circumstances Determination
in the Federal Register and invited interested parties to comment.\4\
No interested party submitted comments on the Preliminary Critical
Circumstances Determination. Accordingly, we did not make any changes
to our Preliminary Determination and there is no decision memorandum
accompanying this Federal Register notice.
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\1\ See Ferrosilicon from the Russian Federation: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 89 FR
53953 (June 28, 2024) (Preliminary Determination).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Petitioners' Letter, ``Petitioners' Comments in Lieu of
Case Brief,'' dated July 29, 2024; see also Preliminary
Determination and Preliminary Decision Memorandum.
\4\ See Ferrosilicon from the Russian Federation: Preliminary
Affirmative Critical Circumstances Determinations, 89 FR 68860
(August 28, 2024) (Preliminary Critical Circumstances
Determination).
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Scope of the Investigation
The product covered by this investigation is ferrosilicon from
Russia. For a full description of the scope of this investigation, see
the appendix to this notice.
Scope Comments
On August 28, 2024, CC Metals and Alloys, LLC and Ferroglobe USA,
INC. (collectively, the petitioners) filed a clarification of the scope
language in which the petitioner noted that there was a word missing in
the scope language (i.e., in the Petition and the Initiation Notice,
the first paragraph of the scope stated: ``10 percent or less any other
element'' and should read ``10 percent or less of any other
element'').\5\
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\5\ See Petitioners' Letter, ``Clarification of Scope
Language,'' dated August 28, 2024; see also Ferrosilicon from
Brazil, Kazakhstan, Malaysia, and the Russian Federation: Initiation
of Less-Than-Fair-Value Investigations, 89 FR 31137 (April 24, 2024)
(Initiation Notice).
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Use of Adverse Facts Available (AFA)
Pursuant to section 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act), we have continued to base the dumping margin for the
Russia-wide entity, upon facts otherwise available, with adverse
inferences, because Russian producers/exporters of subject merchandise
during the POI, now part of the Russia-wide entity, failed to respond
to Commerce's requests for information.\6\
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\6\ See Preliminary Determination.
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Final Affirmative Determination of Critical Circumstances
In the Preliminary Critical Circumstances Determination, Commerce
preliminary determined, in accordance with sections 733(e) of the Act
and 19 CFR 351.206, that critical circumstances exist with respect to
all imports of subject merchandise from Russia produced or exported by
the Russia-wide entity.\7\ For this final determination, in accordance
with section 735(a)(3) of the Act, Commerce continues to find that
critical circumstances exist with respect to all imports of subject
merchandise from Russia produced or exported by the Russia-wide entity.
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\7\ See Preliminary Critical Circumstances Determination.
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Combination Rates
In the Preliminary Determination, we stated that because no
respondent applied for a separate rate, we did not calculate producer/
exporter combination rates in accordance with our practice.\8\ This
remains unchanged for the final determination.
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\8\ See Preliminary Determination, 89 FR at 53953; see also
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 <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
[[Page 76451]]
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Estimated Cash deposit
weighted- rate adjusted
Exporter average for subsidy
dumping margin offset
(percent) (percent)
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Russia-Wide Entity...................... * 283.27 283.27
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* Rate based on AFA.
Disclosure
Normally, Commerce discloses to parties to the proceeding the
calculations performed in connection with a final determination within
five days of any public announcement of the final determination or, if
there is no public announcement, within five days of the date of
publication of the notice of the final determination in the Federal
Register, in accordance with 19 CFR 351.224(b). However, because
Commerce based the sole respondent's dumping margin on the Petition
rate, there are no calculations to disclose.
Continuation of Suspension of Liquidation
Commerce will direct U.S. Customs and Border Protection (CBP) to
continue to suspend liquidation of entries of the merchandise described
in the scope of this investigation where that merchandise was entered,
or withdrawn from warehouse, for consumption on or after June 28, 2024,
which is the date of publication of the Preliminary Determination in
this investigation in the Federal Register. Because we preliminarily
determined that critical circumstances exist with respect to the
Russia-wide entity, we instructed CBP to suspend such entries on or
after April 24, 2024, the date of publication of the initiation notice
in the Federal Register.\9\ Pursuant to section 733(d)(1)(B) of the Act
and 19 CFR 351.205(d), Commerce will also instruct CBP to require the
posting of an antidumping duty cash deposit.
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\9\ See Preliminary Critical Circumstances Determination. We
note that the Preliminary Critical Circumstances Determination
indicated March 30, 2024, as the start of the suspension of
liquidation. However, pursuant to section 703(e)(2) of the Act, the
correct date for the start of suspension of liquidation is April 24,
2024, which is the date of publication of the Initiation Notice.
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Commerce normally adjusts estimated weighted-average dumping
margins determined in an LTFV investigation by the amount of the export
subsidies countervailed in a companion countervailing duty (CVD)
investigation to determine the antidumping duty cash deposit rates.
Because there is a companion CVD investigation in this case,\10\ we
offset the estimated weighted-average dumping margins listed in the
table above by the appropriate export subsidy rate to derive the cash
deposit rates listed in the table.
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\10\ See unpublished Federal Register notice for Ferrosilicon
from the Russian Federation: Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination of Critical
Circumstances, dated concurrently with this notice.
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Should the 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 equal to the estimated weighted-average
dumping margins listed in the table above.
The cash deposit requirements are as follows: (1) the cash deposit
rate for the Russian Federation is the cash deposit rate listed for
that company in the table above; (2) if the exporter of the subject
merchandise is not identified in the table above, but the producer is,
then the cash deposit rate will be equal to the company-specific cash
deposit rate established for the producer of the subject merchandise;
and (3) the cash deposit rate for all other producers and exporters
will be equal to the all-others cash deposit rate listed in the table
above.
In accordance with section 703(d) of the Act, we will instruct CBP
to discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse, on or after October
25, 2024, the final day of provisional measures.
U.S. International Trade Commission Notification
In accordance with section 735(d)) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with sections 735(b)(2)) and
777(i)(1) of the Act, the ITC will make its final determination as to
whether the domestic industry in the United States is materially
injured, or threatened with material injury, before the later of 120
days after the date that Commerce made its affirmative preliminary
determination in this investigation or 45 days after the date of this
final determination. If the ITC determines that material injury, or the
threat of material injury, does not exist, the proceeding will be
terminated, and all cash deposits will be refunded. If the ITC
determines that material injury, or the threat of material injury,
exists, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise, entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return, or destruction, of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is being issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: September 11, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and dutiesof the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers all forms and sizes of
ferrosilicon, regardless of grade, including ferrosilicon
briquettes. Ferrosilicon is a ferroalloy containing by weight four
percent or more iron, more than eight percent but not more than 96
percent silicon, three percent or less phosphorus, 30 percent or
less manganese, less than three percent magnesium, and 10 percent or
less of any other element. The merchandise covered also includes
product described as slag, if the product meets these
specifications.
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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 investigation 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.
[FR Doc. 2024-21175 Filed 9-17-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 18, 2024.
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