Notice2025-05305
Ferrosilicon From Malaysia: 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 Malaysia 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 14105-14108]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05305]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-828]
Ferrosilicon From Malaysia: 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 Malaysia 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: Jacob Waddell or Carolyn Adie, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
[[Page 14106]]
(202) 482-1369 or (202) 482-6250, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2024, Commerce published the Preliminary
Determination in the Federal Register.\1\ On December 11, 2024, in
response to significant ministerial error allegations raised by CC
Metals and Alloys, LLC and Ferroglobe USA, Inc., Commerce amended the
Preliminary Determination.\2\ We invited interested parties to comment
on the Preliminary Determination and Amended Preliminary Determination.
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\1\ See Ferrosilicon from Malaysia: 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 88010
(November 6, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Ferrosilicon from Malaysia: Amended Preliminary
Determination of Sales at Less Than Fair Value and Amended
Preliminary Negative Determination of Critical Circumstances, 89 FR
99829 (December 11, 2024) (Amended Preliminary Determination), and
accompany Preliminary Ministerial Error Memorandum.
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For a summary of the events that followed the Preliminary
Determination, see the Issues and Decision Memorandum.\3\ 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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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value in
the Investigation of Ferrosilicon from Malaysia,'' 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 from
Malaysia. 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, we made no
changes to the scope of the investigation.
Final Negative Determination of Critical Circumstances
We continue to find that critical circumstances do not exist for
imports of ferrosilicon from Malaysia for all producers and exporters
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 the sales and cost information submitted by OM
Materials (Sarawak) Sdn. Bhd. (OMSA) and Pertama Ferroalloys Sdn. Bhd
(Pertama) for use in our final determination.\4\ We used standard
verification procedures, including an examination of relevant sales and
accounting records, and original source documents provided by OMSA and
Pertama.
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\4\ See Memoranda, ``Verification of the Sales Response of OM
Materials (Sarawak) Sdn. Bhd. and OM Materials (S) Pte Ltd.,'' dated
February 12, 2025; ``Verification of the Sales Response of Pertama
Ferroalloys Sdn. Bhd and Asia Minerals Limited,'' dated February 12,
2025; ``Verification of the Constructed Export Price Sales Response
of Asia Minerals North America, LLC,'' dated February 12, 2025;
``Verification of the Cost Response of OM Materials (Sarawak) Sdn.
Bhd,'' dated February 12, 2025; and ``Verification of the Cost
Responses of Pertama Ferroalloys Sdn. Bhd,'' dated February 12,
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 our verification findings, a review of the record, and the
comments received from interested parties regarding the Preliminary
Determination, we made certain changes to the margin calculations for
both OMSA and Pertama. 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
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
For the final determination of this investigation, Commerce
calculated estimated weighted-average dumping margins for OMSA and
Pertama that are not zero, de minimis, or based entirely on facts
otherwise available. Therefore, 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 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\ In the Preliminary Determination and Amended Preliminary
Determination, this company was referred to as OM Sarawak Sdn. Bhd.
We are correcting the name to ``OM Materials (Sarawak) Sdn. Bhd.''
See OMSA's Letter, ``OMSA's Section A Response,'' dated July 2,
2024, at 1.
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Weighted-average Cash deposit rate (adjusted
Exporter/producer dumping margin for subsidy offsets)
(percent) (percent)
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OM Materials (Sarawak) Sdn. Bhd.\6\............................ 5.13 4.69
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Pertama Ferroalloys Sdn. Bhd................................... 21.26 20.98
All Others..................................................... 12.24 11.85
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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).
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 all 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 rate for the respondents
listed in the table above is the company-specific estimated weighted-
average dumping margins listed for the respondents in the table; (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 margins listed for the producer of
the subject merchandise in the table above; and (3) the cash deposit
rate for all other producers and exporters is the all-others estimated
weighted-average dumping margins listed in the table above.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies countervailed in a companion countervailing duty (CVD)
proceeding, when CVD provisional measures are in effect. Accordingly,
where Commerce has made a final affirmative determination for
countervailable export subsidies, Commerce offsets the estimated
weighted-average dumping margin by the appropriate CVD rate. Commerce
has continued to adjust the cash deposit rate for export subsidies in
the companion CVD investigation by the appropriate export subsidy rate
as indicated in the above chart. However, suspension of liquidation of
provisional measures in the companion CVD case has been discontinued;
\7\ therefore, we are not instructing CBP to collect cash deposits
based upon the adjusted estimated weighted-average dumping margin for
those export subsidies at this time.
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\7\ See Ferrosilicon from Malaysia: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Affirmative Critical
Circumstances Determination, in Part, and Alignment of Final
Determination With Final Antidumping Duty Determination, 89 FR 73364
(September 10, 2024); see also section 703(d) of the Act, which
states that the provisional measures may not be in effect for more
than four months, which in the companion CVD case is 120 days after
the publication of the preliminary determination, January 8, 2025
(i.e., last day provisional measures are in effect).
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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 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 serves as the only reminder to parties subject to an
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in 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 terms of an APO
is a sanctionable violation.
Notification to Interested Parties
This final determination and notice are 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 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
[[Page 14108]]
Circumstances
IV. Changes Since the Amended Preliminary Determination
V. Affiliation
VI. Application of Facts Available
VII. Calculation of NV Based on CV
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to OMSA
Comment 2: Whether Commerce Should Apply Neutral Facts Available
to OMSA
Comment 3: Whether Commerce Should Revise OMSA's Major Input
Adjustment Rate Based on Verification Findings
Comment 4: Whether Commerce Should Revise Pertama's Major Input
Adjustment Rate Based on Verification Findings
Comment 5: Whether Commerce Should Revise Pertama's General and
Administrative (G&A) Expenses Based on Verification Findings
Comment 6: Whether the Final Invoice Date is the Appropriate
Date of Sale for OMSA's U.S. Sales
Comment 7: Whether the Inclusion of Freight and Insurance
Charges in Gross Unit Price is Appropriate for Certain OMSA Sales
IX. Recommendation
[FR Doc. 2025-05305 Filed 3-27-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 28, 2025.
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