Ferrosilicon From the Russian Federation: Antidumping and Countervailing Duty Orders

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-821-838, C-821-839]</DEPDOC> <SUBJECT>Ferrosilicon From the Russian Federation: Antidumping and Countervailing Duty Orders</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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). </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable November 21, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> 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. <SU>1</SU> <FTREF/> 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. <FTNT> <SU>1</SU>   <E T="03">See Ferrosilicon from the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances,</E> 89 FR 76450 (September 18, 2024); <E T="03">see also Ferrosilicon from the Russian Federation: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances,</E> 89 FR 76454 (September 18, 2024). </FTNT> 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. <SU>2</SU> <FTREF/> On November 8, 2024, in accordance with section 735(d) of the Act, the ITC published in the <E T="04">Federal Register</E> 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. <SU>3</SU> <FTREF/> In addition, the ITC found that critical circumstances do not exist with regard to imports from Russia. <SU>4</SU> <FTREF/> <FTNT> <SU>2</SU>   <E T="03">See</E> ITC Letter, “Notification of ITC Final Determination,” dated November 4, 2024. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See Ferrosilicon from Russia,</E> 89 FR 88814 (November 8, 2024) ( <E T="03">ITC Final Determination</E> ). </FTNT> <FTNT> <SU>4</SU>   <E T="03">Id.</E> </FTNT> <HD SOURCE="HD1">Scope of the Orders</HD> The product covered by these orders is ferrosilicon from Russia. For a complete description of the scope of the orders, <E T="03">see</E> the appendix to this notice. <HD SOURCE="HD1">Antidumping Duty Order</HD> 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 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 <E T="03">AD Preliminary Determination</E> 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. <SU>5</SU> <FTREF/> <FTNT> <SU>5</SU>   <E T="03">See Ferrosilicon from the Russian Federation: Preliminary Affirmative Determination of Sales at Less Than Fair Value,</E> 89 FR 53953 (June 28, 2024) ( <E T="03">AD Preliminary Determination</E> ). </FTNT> <HD SOURCE="HD1">Critical Circumstances</HD> 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 ( <E T="03">i.e.,</E> 90 days prior to the date of the publication of the <E T="03">AD Preliminary Determination</E> ), but before June 28, 2024, the date of publication of the <E T="03">AD Preliminary Determination.</E> <HD SOURCE="HD1">Suspension of Liquidation and Cash Deposits—AD</HD> Commerce intends to instruct CBP to reinstitute the suspension of liquidation of ferrosilicon from Russia, effective on the date of publication of the <E T="03">ITC Final Determination</E> in the <E T="04">Federal Register</E> , 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 <E T="04">Federal Register</E> 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. <HD SOURCE="HD1">Estimated Weighted-Average AD Margins</HD> The estimated weighted-average dumping margins are as follows: <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s100,12C"> <TTITLE> </TTITLE> <CHED H="1">Exporter or producer</CHED> <ENT>283.27</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">Provisional Measures—AD</HD> 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 <E T="03">AD Preliminary Determination</E> on June 28, 2024. The provisional measures period, beginning on the date of publication of the <E T="03">AD Preliminary Determination,</E> 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 <E T="03">ITC Final Determination.</E> Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the <E T="03">ITC Final Determination</E> in the <E T="04">Federal Register</E> . <HD SOURCE="HD1">Countervailing Duty Order</HD> 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 <E T="03">CVD Preliminary Determination,</E> but will not include entries occurring after th ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 21k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━