Notice2024-27283
Ferrosilicon From the Russian Federation: Antidumping and Countervailing Duty Orders
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
November 21, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on ferrosilicon from the Russian Federation (Russia).
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 225 (Thursday, November 21, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Notices]
[Pages 92092-92095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27283]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-838, C-821-839]
Ferrosilicon From the Russian Federation: Antidumping and
Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on ferrosilicon from the Russian
Federation (Russia).
DATES: Applicable November 21, 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
In accordance with sections 705(d), 735(d), and 777(i) of the
Tariff Act of 1930, as amended (the Act), on September 18, 2024,
Commerce published its affirmative final determination of sales at less
than fair value and its final affirmative determination that
countervailable subsidies are being provided to producers and exporters
of ferrosilicon from Russia.\1\ As part of these determinations,
Commerce made affirmative critical circumstances findings for the
Russia-wide entity in the AD investigation and for Russian Ferro Alloys
Inc./RFA International LP and all other producers and/or exporters in
the CVD investigation.
---------------------------------------------------------------------------
\1\ See Ferrosilicon from the Russian Federation: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, 89 FR 76450
(September 18, 2024); see also Ferrosilicon from the Russian
Federation: Final Affirmative Countervailing Duty Determination and
Final Affirmative Determination of Critical Circumstances, 89 FR
76454 (September 18, 2024).
---------------------------------------------------------------------------
On November 4, 2024, the ITC notified Commerce of its affirmative
final determination that an industry in the United States is materially
injured within the meaning of sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act, by reason of imports of ferrosilicon that
are subsidized by the government of Russia and sold in the United
States at less than fair value.\2\ On November 8, 2024, in accordance
with section 735(d) of the Act, the ITC published in the Federal
Register its affirmative final injury determination in these
investigations in which it found that an industry in the United States
is materially injured by reason of imports of ferrosilicon from
Russia.\3\ In addition, the ITC found that critical circumstances do
not exist with regard to imports from Russia.\4\
---------------------------------------------------------------------------
\2\ See ITC Letter, ``Notification of ITC Final Determination,''
dated November 4, 2024.
\3\ See Ferrosilicon from Russia, 89 FR 88814 (November 8, 2024)
(ITC Final Determination).
\4\ Id.
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is ferrosilicon from Russia.
For a complete description of the scope of the orders, see the appendix
to this notice.
Antidumping Duty Order
On November 4, 2024, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of ferrosilicon
that are sold in the United States at less than fair value. Therefore,
in accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing this AD order. Because the ITC determined that imports of
ferrosilicon from Russia are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Russia, entered or
withdrawn from
[[Page 92093]]
warehouse for consumption, are subject to the assessment of antidumping
duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of ferrosilicon from Russia. Antidumping duties will
be assessed on unliquidated entries of ferrosilicon from Russia
entered, or withdrawn from warehouse, for consumption on or after June
28, 2024, the date of publication of the AD Preliminary Determination
but will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination, as further described below.\5\
---------------------------------------------------------------------------
\5\ See Ferrosilicon from the Russian Federation: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 89 FR
53953 (June 28, 2024) (AD Preliminary Determination).
---------------------------------------------------------------------------
Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of ferrosilicon from Russia, we will instruct
CBP to lift the suspension of liquidation and to refund all cash
deposits for estimated antidumping duties with respect to entries of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after March 30, 2024 (i.e., 90 days prior to the date
of the publication of the AD Preliminary Determination), but before
June 28, 2024, the date of publication of the AD Preliminary
Determination.
Suspension of Liquidation and Cash Deposits--AD
Commerce intends to instruct CBP to reinstitute the suspension of
liquidation of ferrosilicon from Russia, effective on the date of
publication of the ITC Final Determination in the Federal Register, and
to assess, upon further instruction by Commerce, antidumping duties on
each entry of subject merchandise based on the estimated weighted-
average dumping margins indicated in the table below. These
instructions suspending liquidation will remain in effect until further
notice. Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the table below. Accordingly, effective on the date of publication in
the Federal Register of the notice of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated customs duties on this subject
merchandise, a cash deposit equal to the rates listed in the table
below.
Estimated Weighted-Average AD Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Russia-Wide Entity..................................... 283.27
------------------------------------------------------------------------
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
Commerce published the AD Preliminary Determination on June 28, 2024.
The provisional measures period, beginning on the date of
publication of the AD Preliminary Determination, ended on October 25,
2024. Therefore, in accordance with section 733(d) of the Act, Commerce
intends to instruct CBP to terminate the suspension of liquidation and
to liquidate, without regard to antidumping duties, unliquidated
entries of ferrosilicon from Russia entered, or withdrawn from
warehouse, for consumption on or after October 26, 2024, the first day
provisional measures were no longer in effect, until and through the
day preceding the date of publication of the ITC Final Determination.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC Final Determination in the
Federal Register.
Countervailing Duty Order
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of ferrosilicon from Russia, in
accordance with section 705(c)(2) of the Act, Commerce is issuing this
CVD order. Because the ITC determined that imports of ferrosilicon from
Russia are materially injuring a U.S. industry, unliquidated entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption, are subject to the assessment of countervailing duties.
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct CBP to assess, upon further instruction by Commerce,
countervailing duties on all relevant entries of ferrosilicon from
Russia, which are entered, or withdrawn from warehouse, for consumption
on or after June 28, 2024, the date of publication of the CVD
Preliminary Determination, but will not include entries occurring after
the expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\6\
---------------------------------------------------------------------------
\6\ See Ferrosilicon from the Russian Federation: Preliminary
Affirmative Countervailing Duty Determination, 89 FR 53949 (June 28,
2024) (CVD Preliminary Determination).
---------------------------------------------------------------------------
Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of ferrosilicon from Russia, we will instruct
CBP to lift the suspension of liquidation and to refund all cash
deposits for estimated antidumping duties with respect to entries of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after March 30, 2024 (i.e., 90 days prior to the date
of the publication of the CVD Preliminary Determination), but before
June 28, 2024, the date of publication of the CVD Preliminary
Determination.
Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of
ferrosilicon from Russia, effective on the date of publication of the
ITC's final affirmative injury determination in the Federal Register,
and to assess, upon further instruction by Commerce, countervailing
duties on each entry of subject merchandise in an amount based on the
net countervailable subsidy rates below. These instructions suspending
liquidation will remain in effect until further notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would normally deposit
estimated customs duties on the subject merchandise, a cash deposit for
[[Page 92094]]
each entry of subject merchandise equal to the subsidy rates listed
below.\7\ The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate.
---------------------------------------------------------------------------
\7\ See section 706(a)(3) of the Act.
---------------------------------------------------------------------------
Estimated CVD Subsidy Rates
The estimated CVD subsidy rates as published in Commerce's CVD
Final Determination are as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Russian Ferro Alloys Inc./RFA International LP.......... 748.58
All Others.............................................. 748.58
------------------------------------------------------------------------
Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on June 28, 2024.\8\ As such, the four-month
period beginning on the date of publication of the CVD Preliminary
Determination ended on October 25, 2024.
---------------------------------------------------------------------------
\8\ See CVD Preliminary Determination.
---------------------------------------------------------------------------
In accordance with section 703(d) of the Act, Commerce intends to
instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to CVDs, unliquidated entries of ferrosilicon
from Russia entered, or withdrawn from warehouse, for consumption, on
or after October 26, 2024, the first day provisional measures were no
longer in effect, until and through the day preceding the date of
publication of the ITC Final Determination. Suspension of liquidation
and the collection of cash deposits will resume on the date of
publication of the ITC Final Determination in the Federal Register.
Establishment of the Annual Inquiry Service List
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\9\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\10\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
---------------------------------------------------------------------------
\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
order. Each annual inquiry service list will be saved in ACCESS, under
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \11\
---------------------------------------------------------------------------
\11\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
---------------------------------------------------------------------------
Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published. Commerce may update an annual inquiry service list at any
time as needed based on interested parties' amendments to their entries
of appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \12\ Accordingly, as stated
above, the petitioners and Government of Russia should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and the Government of Russia will not
need to resubmit their entries of appearance each year to continue to
be included on the annual inquiry service list. However, the
petitioners and the Government of Russia are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in accordance with the procedures
described above.
---------------------------------------------------------------------------
\12\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
ferrosilicon from Russia, pursuant to sections 736(a) and 706(a) of the
Act. Interested parties can find a list of AD and CVD orders currently
in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are published in accordance with sections 736(a) and
706(a) of the Act, and 19 CFR 351.211(b).
Dated: November 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The scope of the order 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
[[Page 92095]]
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. 2024-27283 Filed 11-20-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 21, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.