Notice2024-21181
Ferrosilicon From the Russian Federation: Final Affirmative Countervailing Duty Determination 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 countervailable subsidies are being provided to producers and exporters of ferrosilicon from the Russian Federation (Russia). The period of investigation (POI) is January 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 76454-76456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21181]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-839]
Ferrosilicon From the Russian Federation: Final Affirmative
Countervailing Duty Determination 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
countervailable subsidies are being provided to producers and exporters
of ferrosilicon from the Russian Federation (Russia). The period of
investigation (POI) is January 1, 2023, through December 31, 2023.
DATES: Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On June 28, 2024, Commerce published its Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
Subsequently, on August 28, 2024, Commerce published its Preliminary
Critical Circumstances Determination in the Federal Register and
invited interested parties to comment.\2\ On July 22, 2024, Commerce
tolled certain deadlines in these administrative proceedings by seven
days.\3\ The deadline for the final determination is now September 11,
2024. For a complete discussion of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\4\
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\1\ See Ferrosilicon from the Russian Federation: Preliminary
Affirmative Countervailing Duty Determination, 89 FR 53949 (June 28,
2024) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See also Ferrosilicon from the Russian Federation:
Preliminary Affirmative Critical Circumstances Determinations, 89 FR
68860 (August 28, 2024) (Preliminary Critical Circumstances
Determination).
\3\ See Memorandum, ``Tolling of Deadlines in Antidumping and
Countervailing Duty Proceeding,'' dated July 22, 2024.
\4\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Countervailing Duty Investigation
of Ferrosilicon from the Russian Federation,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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The Issues and Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Investigation
The product covered by this investigation is ferrosilicon from
Russia. For a complete description of the scope of this investigation,
see Appendix I.
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\ We have corrected this omission. For a full description
of the scope of this investigation, see Appendix I.
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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 Countervailing Duty Investigations, 89 FR 31133 dated April 24,
2024 (Initiation Notice).
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by the parties in this investigation are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by interested parties and addressed in the Issues and
Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found to be countervailable, Commerce determines that
there is a subsidy, i.e., a financial contribution by an ``authority''
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5)(A) of the Act regarding
specificity.
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In making this final determination, Commerce relied on total facts
otherwise available, including with an adverse inference, pursuant to
sections 776(a) and (b) of the Act. For a full discussion of our
application of adverse facts available (AFA), see the Preliminary
Determination \7\ and the Issues and Decision Memorandum at the section
entitled ``Use of Facts Otherwise Available and Application of Adverse
Inferences.''
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\7\ See Preliminary Determination PDM at 4-27.
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Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
interested parties, we did not make changes to the subsidy rate
determinations for RFA.
Final Affirmative Determination of Critical Circumstances
In the Preliminary Critical Circumstances Determination, Commerce
preliminary determined, in accordance with section 703(e) of the Act,
and 19 CFR 351.206, that critical circumstances exist with respect to
imports of subject merchandise for Russian Ferro Alloys Inc./RFA
International LP (RFA), the mandatory respondent in this investigation,
and all other producers and/or exporters.\8\ For this final
determination, in accordance with section 705(a)(2) of the Act as well
as our analysis of comments received regarding our affirmative
preliminary determination of critical circumstances,\9\ Commerce
continues to find that critical circumstances exist with respect to
imports of subject merchandise for RFA and all other producers and/or
exporters.\10\
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\8\ See Preliminary Critical Circumstances Determination.
\9\ See Issues and Decision Memorandum at Comment 3.
\10\ See Preliminary Critical Circumstances Determination; see
also Issues and Decision Memorandum.
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All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any zero or de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act. However, as discussed in the Preliminary
Determination, Commerce based the selection of the all-others rate on
the countervailable subsidy rate established for the mandatory
respondent, in accordance with section 705(c)(5)(A)(ii) of the Act.\11\
As a result, because the only subsidy rate available, is the rate
determined for RFA, the rate calculated for RFA is also assigned as the
rate for all other producers and exporters. We made no changes to the
selection of the all-others rate for this final determination.
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\11\ See Preliminary Determination, 89 FR 53949.
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Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period January 1, 2023, through December
31, 2023:
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Subsidy rate
Company (percent ad
valorem)
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Russian Ferro Alloys Inc./RFA International LP.......... * 748.58
All Others.............................................. 748.58
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* Rate based on AFA.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination 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
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, because there are no changes to the calculations
from the Preliminary Determination, no additional disclosure is
necessary.
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of entries of
subject merchandise from Russia that were entered, or withdrawn from
warehouse, for consumption, on or after June 28, 2024, the date of
publication of the Preliminary Determination in the Federal Register.
Because we preliminarily determined that critical circumstances existed
with respect to RFA and all other producers/exporters, 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.\12\
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\12\ 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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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.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation under section 706(a) of the Act, as
appropriate, and require a cash deposit of estimated countervailing
duties for entries of subject merchandise in the amounts indicated
above. If the ITC determines that material injury, or threat of
material injury, does not exist, this proceeding will be terminated,
and all estimated duties deposited or securities posted as a result of
the suspension of liquidation will be refunded or cancelled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of ferrosilicon
from Russia. Because the final determination is affirmative, in
accordance with section 705(b) 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, by reason of
imports of ferrosilicon from Russia no later than 45 days after our
final determination. In addition, we are making available to the ITC
all non-privileged and nonproprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance. If
the ITC determines that material injury or threat of material injury
does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, CVDs on all imports of the subject
merchandise that are entered, or withdrawn, for consumption on or after
the effective date of the suspension of liquidation, as discussed above
in the ``Continuation of Suspension of Liquidation'' section.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). 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
This determination is issued and published in accordance with
sections 705(d) and 777(i) 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 duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
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.
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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Final Critical Circumstances Determination
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to the Programs Under Investigation
Comment 2: Whether Commerce Should Revise Its Decision Regarding
Mandatory Respondent Selection
Comment 3: Whether Commerce Should Reverse Its Preliminary
Affirmative Critical Circumstances Finding
VIII. Recommendation
[FR Doc. 2024-21181 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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