Notice2026-10342
Unwrought Palladium from the Russian Federation: Final Affirmative Countervailing Duy Determination
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
May 22, 2026
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 unwrought palladium (palladium) from the Russian Federation (Russia). The period of investigation is January 1, 2024, through December 31, 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 99 (Friday, May 22, 2026)</title>
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[Federal Register Volume 91, Number 99 (Friday, May 22, 2026)]
[Notices]
[Pages 30283-30284]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10342]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-841]
Unwrought Palladium from the Russian Federation: Final
Affirmative Countervailing Duy Determination
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 unwrought palladium (palladium) from the Russian Federation
(Russia). The period of investigation is January 1, 2024, through
December 31, 2024.
DATES: Applicable May 22, 2026.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2517.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 2026, Commerce published the Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
On April 10, 2026, and April 15, 2026, we received a case brief and a
rebuttal brief, respectively, from the Government of Russia (GOR) and
the petitioners.\2\
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\1\ See Unwrought Palladium from the Russian Federation:
Preliminary Affirmative Countervailing Duty Determination, 91 FR
11949 (March 11, 2026) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See GOR's Letter, ``Case Brief of the Ministry of Economic
Development of the Russian Federation,'' dated April 10, 2026; see
also Petitioners' Letter, ``Rebuttal Brief,'' dated April 15, 2026.
The petitioners are Stillwater Mining Company d/b/a Sibanye-
Stillwater and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC.
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A summary of the events that occurred since the Preliminary
Determination, as well as a full discussion of the issues raised by
interested parties for this final determination, may be found in 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="http://access.trade.gov">http://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/frnotices">https://access.trade.gov/frnotices</a>.
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Unwrought Palladium from the Russian Federation,''
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 palladium from Russia.
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.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs submitted by interested parties in this
investigation, are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by parties, which we addressed in the
Issues and Decision Memorandum, see Appendix II to this notice.
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.\4\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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In making this final determination, Commerce relied, in part, on
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, see the Preliminary
Determination \5\ and the Issues and Decision Memorandum at the section
entitled ``Use of Facts Otherwise Available and Application of Adverse
Inferences.''
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\5\ See Preliminary Determination PDM at 3-13.
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Verification
Because the mandatory company respondents in this investigation did
not provide information requested by Commerce, and Commerce determined
that these respondents were uncooperative, no verification was
conducted.
All-Others Rate
Section 705(c)(5)(A) of the Act provides that Commerce shall
determine an estimated all-others rate for companies not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated subsidy rates established for those companies
individually examined, excluding any zero and de minimis rates and any
rates based entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual
estimated countervailable subsidy rates established for all exporters
and producers individually examined are zero, de minimis, or determined
based entirely on facts otherwise available, Commerce may use ``any
reasonable method'' to establish the estimated subsidy rate for all
other producers and/or exporters. In this investigation, the estimated
subsidy rate for the individually examined respondents is based
entirely on facts available, pursuant to section 776 of the Act. The
rate based on total facts available, therefore, is the only rate
available in this proceeding for deriving the all-others rate.
Consequently, the subsidy rate assigned to the mandatory respondents is
also assigned as the subsidy rate for all other producers and/or
exporters.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
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Subsidy
rate
Company (percent ad
valorem)
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JSC Urals Innovative Technologies.......................... * 109.10
Prioksky Plant of Non Ferrous Metals....................... * 109.10
All Others................................................. 109.10
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* Rate based on facts available with adverse inferences.
Disclosure
Because we made no changes to the calculations of the rates
assigned in the Preliminary Determination, there are no new
calculations to disclose in accordance with 19 CFR 351.224(b) for this
final determination.
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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, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after March 11, 2026,
the date of publication of the Preliminary Determination in the Federal
Register.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order and require a cash deposit of estimated countervailing duties for
such entries of subject merchandise in the amounts indicated above, in
accordance with section 706(a) of the Act. 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 palladium
from Russia. Because Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of palladium from Russia. In addition, we are making available
to the ITC all non-privileged and non-proprietary information in our
files, provided that the ITC confirms that it will not disclose such
information, either publicly or under administrative protective order
(APO), without the written consent of the Assistant Secretary for
Enforcement and Compliance.
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 return or
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 the terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: May 19, 2026.
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 is unwrought palladium.
Unwrought palladium includes palladium, whether or not refined, in
the form of ingots, blocks, lumps, billets, cakes, slabs, pigs,
cathodes, anodes, briquettes, cubes, sticks, grains, sponge,
pellets, shot, powder, and similar primary forms.
Unwrought palladium is covered by the scope regardless of
production method. The scope includes unwrought palladium produced
through ore extraction, unwrought palladium produced by recycling
palladium-containing scrap, unwrought palladium produced by any
other method, and blends of unwrought palladium produced by
different methods.
The scope includes unwrought palladium that is commingled with
unwrought palladium from sources not subject to this investigation
or commingled with other metals. Only the subject unwrought
palladium component of such commingled products is covered by the
scope of this investigation.
Subject merchandise includes merchandise matching the above
description that has been finished, packaged, or otherwise processed
in a third country, including by refining, grinding, commingling,
adding or removing additives (such as other metals), or performing
any other finishing, packaging, or processing that would not
otherwise remove the merchandise from the scope of the investigation
if performed in the subject country.
The covered merchandise is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 7110.21.0000. Unwrought palladium meeting the scope
description may also enter under HTSUS subheading 7110.29.0000.
Although the HTSUS subheadings are provided for convenience and for
customs purposes, the written description of the subject merchandise
is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Use of Facts Otherwise Available and Application of Adverse
Inferences
IV. Analysis of Programs
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the GOR
Comment 2: Whether Commerce Should Countervail via AFA Certain
Income Tax Programs
Comment 3: Whether the AFA Rate Selected for the Certain Less
Than Adequate Remuneration Programs is Appropriate
Comment 4: Whether Commerce Should Modify its Treatment of the
Chinese Loans to Secure Natural Resources Program
VI. Recommendation
[FR Doc. 2026-10342 Filed 5-21-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 22, 2026.
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