89 FR 225 pgs. 92092-92095 - Ferrosilicon From the Russian Federation: Antidumping and Countervailing Duty Orders
Type: NOTICEVolume: 89Number: 225Pages: 92092 - 92095
Pages: 92092, 92093, 92094, 92095Docket number: [A-821-838, C-821-839]
FR document: [FR Doc. 2024-27283 Filed 11-20-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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.
Footnotes:
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
Footnotes:
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
[top] 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
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
Footnotes:
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:
| Exporter or producer | Weighted- average 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
Footnotes:
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.
[top] 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
Footnotes:
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:
| Company | Subsidy rate (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.
Footnotes:
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.
Footnotes:
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 https://access.trade.gov, 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
Footnotes:
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.
Footnotes:
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 https://enforcement.trade.gov/stats/iastats1.html.
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.
[top] 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
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