Notice2025-05303
Ferrosilicon From Kazakhstan: Final Affirmative Determination of Sales at Less-Than-Fair-Value and Final Negative 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
March 28, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of ferrosilicon from Kazakhstan are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) January 1, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 59 (Friday, March 28, 2025)</title>
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[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Notices]
[Pages 14077-14079]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05303]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-834-812]
Ferrosilicon From Kazakhstan: Final Affirmative Determination of
Sales at Less-Than-Fair-Value and Final Negative Determination of
Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of ferrosilicon from Kazakhstan are being, or are likely to be,
sold in the United States at less than fair value (LTFV) for the period
of investigation (POI) January 1, 2023, through December 31, 2023.
DATES: Applicable March 28, 2025.
FOR FURTHER INFORMATION CONTACT: Mira Warrier, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8031
SUPPLEMENTARY INFORMATION:
[[Page 14078]]
Background
On November 6, 2024, Commerce published the Preliminary
Determination in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Determination. For a complete description
of the events that followed the Preliminary Determination, see the
Issues and Decision Memorandum.\2\ The Issues and 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
<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>.
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\1\ See Ferrosilicon from Kazakhstan: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures, 89 FR 88007
(November 6, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Ferrosilicon from Kazakhstan,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is ferrosilicon. For a
complete description of the scope of this investigation, see Appendix
I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
Final Negative Determination of Critical Circumstances
We continue to find that critical circumstances do not exist for
YDD Corporation LLP; Asia FerroAlloys LLP; and KazSilicon Metallurgical
Combine LLP (collectively, the YDD Single Entity), TNC Kazchrome JSC
(Kazchrome), and all other companies not individually examined pursuant
to section 733(e)(1)(A) of the Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.206. For a discussion of Commerce's critical
circumstance analysis, see the Issues and Decision Memorandum.
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Act. Specifically, Commerce conducted on-
site verifications of YDD Corporation LLP; Asia FerroAlloys LLP; and
KazSilicon Metallurgical Combine LLP (collectively, the YDD Single
Entity) \3\ and Kazchrome's \4\ home market sales, U.S. sales, and cost
of production. We used standard verification procedures, including an
examination of relevant sales and accounting records, and original
source documents provided by the YDD Single Entity and Kazchrome.
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\3\ See Memoranda, ``Verification of the Sales Response of YDD
Corporation LLP; Asia FerroAlloys LLP; and KazSilicon Metallurgical
Combine LLP (collectively, the YDD Single Entity) in the Less-Than-
Fair-Value Investigation of Ferrosilicon from Kazakhstan,'' dated
December 27, 2024; and ``Verification of the Cost Response of YDD
Corporation LLP; Asia FerroAlloys LLP; and KazSilicon Metallurgical
Combine LLP in the Less Than Fair Value Investigation of
Ferrosilicon from Kazakhstan,'' dated February 10, 2025.
\4\ See Memoranda, ``Verification of the Sales Response of TNC
Kazchrome JSC in the Less-Than-Fair-Value Investigation of
Ferrosilicon from Kazakhstan,'' dated December 27, 2024;
``Verification of the Cost Response of TNC Kazchrome JSC in the Less
Than Fair Value Investigation of Ferrosilicon from Kazakhstan,''
dated February 10, 2025.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on a review of the record and comments received from
interested parties regarding our Preliminary Determination, we made
certain changes to both the YDD Single Entity's and Kazchrome's
preliminary weighted-average dumping margin calculations. For a
discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Kazchrome and the YDD Single Entity that
are not zero, de minimis, or based entirely on facts otherwise
available. Commerce calculated the all-others rate using a weighted
average of the estimated weighted-average dumping margins calculated
for the examined respondents using each company's publicly-ranged
values for the merchandise under consideration.\5\
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\5\ See Memorandum, ``All-Others Rate Calculation,'' dated
concurrently with this notice. With two respondents under
examination, Commerce normally calculates: (A) a weighted-average of
the estimated weighted-average dumping margins calculated for the
examined respondents; (B) a simple average of the estimated
weighted-average dumping margins calculated for the examined
respondents; and (C) a weighted-average of the estimated weighted
average dumping margins calculated for the examined respondents
using each company's publicly-ranged U.S. sales values for the
merchandise under consideration. Commerce then compares (B) and (C)
to (A) and selects the rate closest to (A) as the most appropriate
rate for all other producers and exporters. See, e.g., Ball Bearings
and Parts Thereof from France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty Administrative Reviews,
Final Results of Changed-Circumstances Review, and Revocation of an
Order in Part, 75 FR 53661, 53662 (September 1, 2010), and
accompanying Issues and Decision Memorandum at Comment 1. As
complete publicly ranged sales data were available, Commerce based
the all others rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of the data, see the
All Others Rate Calculation Memorandum.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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\6\ Commerce has found that YDD Corporation LLP, Asia
FerroAlloys LLP, and KazSilicon Metallurgical Combine LLP comprise a
single entity. See Preliminary Determination PDM.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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YDD Corporation LLP; Asia FerroAlloys LLP; KazSilicon 6.01
Metallurgical Combine LLP \6\..............................
TNC Kazchrome JSC........................................... 6.20
All Others.................................................. 6.05
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Disclosure
Commerce intends to disclose the calculations and analysis
performed in connection with this final determination to interested
parties within five days of any public announcement or, if there is no
public announcement, within five days of the publication date of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
[[Page 14079]]
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of entries of subject merchandise, as described in
Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption, on or after November 6, 2024, the date of
publication of the Preliminary Determination in the Federal Register.
These suspension of liquidation instructions will remain in effect
until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rates for the companies listed
in the table above are the company-specific estimated weighted-average
dumping margins determined in this final determination; (2) if the
exporter is not a respondent listed in the table above, but the
producer is, then the cash deposit rate is the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters is the all-others estimated weighted-average
dumping margin listed in the table above. These suspension of
liquidation instructions will remain in effect until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because Commerce's final determination is affirmative, in accordance
with section 735(b)(2) 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 or sales (or the likelihood of sales) for importation of
ferrosilicon from Kazakhstan, no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, all cash deposits posted will be
refunded, and suspension of liquidation will be lifted. If the ITC
determines that such injury does exist, 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, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order (APO)
This notice will serve as a final reminder to parties subject to an
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with accordance with 19
CFR 351.305(a)(3). Timely written 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 sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: March 21, 2025.
Christopher Abbott,
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. Final Negative Determination of Critical Circumstances
IV. Discussion of the Issues
Comment 1: Date of Sale
Comment 2: Whether Kazchrome's Home Market is Viable
Comment 3: Whether Kazchrome's Purported Home Market Sales to An
Affiliate Should Be Excluded from The Home Market Sales Database
Comment 4: Whether Commerce Should Deduct an Amount from
Kazchrome's U.S. Sales To Account for a Specific Adjustment
Comment 5: Whether to Apply our Verification Findings Concerning
Methodological and Clerical Errors in Kazchrome's Reported Costs
Comment 6: Whether to Include Foreign Exchange Gain or Loss in
Financial Expenses for Kazchrome
Comment 7: Whether to Apply Partial Adverse Facts Available
(AFA) with Respect to Kazchrome's Failure to Provide Affiliated
Party Information on a Timely Basis
Comment 8: Whether to Apply the Major Input Rule to Kazchrome's
Electricity Costs
Comment 9: Whether the YDD Single Entity's Control Number
Reporting Methodology is Deficient
Comment 10: YDD Single Entity's Sales to Canada
Comment 11: Whether to Continue to Apply Partial AFA to YDD
Comment 12: Whether Commerce Should Deduct YDD Single Entity's
Reported Customs Expense from U.S. Gross Unit Price
Comment 13: Whether Commerce Should Continue to Adjust Negative
Margins in the YDD Single Entity's Margin Program
Comment 14: Whether to Adjust for the YDD Single Entity's Cost
Verification Findings
Comment 15: Whether to Apply the Major Input Rule to the
Transactions Between the Collapsed YDD Single Entity Companies
Comment 16: Whether to Apply the Major Input Rule to the YDD
Single Entity's Purchases of Electricity from Affiliated Parties
V. Recommendation
[FR Doc. 2025-05303 Filed 3-27-25; 8:45 am]
BILLING CODE 3510-DS-P
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