Ferrosilicon From the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 76450-76452 [2024-21175]
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices
barium chloride from India, to liquidate
all unliquidated entries that were
entered on or after the day following the
last day of the period covered by the
most recently completed administrative
review of the Orders, and are not
already subject to automatic liquidation
instructions, without regard to
antidumping duties or countervailing
duties, as appropriate, and to refund all
antidumping duty and countervailing
duty cash deposits on all such
merchandise, with applicable interest.
Notification to Interested Parties
We are issuing and publishing this
initiation and preliminary results notice
in accordance with section 751(b)(1) of
the Act, 19 CFR 351.216, 19 CFR
351.221(b) and (c)(3), and 19 CFR
351.222(f)(2)(iv).
Dated: September 11, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–21224 Filed 9–17–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
On June 28, 2024, Commerce
published the Preliminary
Determination in this LTFV
investigation in the Federal Register.1
On July 22, 2024, Commerce tolled
certain deadlines in these
administrative proceedings by seven
days.2 The deadline for the final
determination is now September 11,
2024. We only received comment on the
Preliminary Determination from CC
Metals and Alloys, LLC and Ferroglobe
USA, Inc. (collectively, the petitioners),
in which the petitioners argued that lack
of participation in this investigation
should lead Commerce to reach the
same conclusion for the final
determination as it did in the
Preliminary Determination.3
Subsequently, on August 28, 2024,
Commerce published its Preliminary
Critical Circumstances Determination in
the Federal Register and invited
interested parties to comment.4 No
interested party submitted comments on
the Preliminary Critical Circumstances
Determination. Accordingly, we did not
make any changes to our Preliminary
Determination and there is no decision
memorandum accompanying this
Federal Register notice.
International Trade Administration
Scope of the Investigation
[A–821–838]
The product covered by this
investigation is ferrosilicon from Russia.
For a full description of the scope of this
investigation, see the appendix to this
notice.
Ferrosilicon From the Russian
Federation: Final Affirmative
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances
Scope Comments
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
ferrosilicon from the Russian Federation
(Russia) is being, or is likely to be, sold
in the United States at less than fair
value (LTFV) during the period of
investigation (POI) July 1, 2023, through
December 31, 2023.
DATES: Applicable September 18, 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:
AGENCY:
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Background
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On August 28, 2024, CC Metals and
Alloys, LLC and Ferroglobe USA, INC.
(collectively, the petitioners) filed a
clarification of the scope language in
which the petitioner noted that there
was a word missing in the scope
language (i.e., in the Petition and the
Initiation Notice, the first paragraph of
the scope stated: ‘‘10 percent or less any
1 See Ferrosilicon from the Russian Federation:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 89 FR 53953 (June 28, 2024)
(Preliminary Determination).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Petitioners’ Letter, ‘‘Petitioners’ Comments
in Lieu of Case Brief,’’ dated July 29, 2024; see also
Preliminary Determination and Preliminary
Decision Memorandum.
4 See Ferrosilicon from the Russian Federation:
Preliminary Affirmative Critical Circumstances
Determinations, 89 FR 68860 (August 28, 2024)
(Preliminary Critical Circumstances Determination).
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other element’’ and should read ‘‘10
percent or less of any other element’’).5
Use of Adverse Facts Available (AFA)
Pursuant to section 776(a) and (b) of
the Tariff Act of 1930, as amended (the
Act), we have continued to base the
dumping margin for the Russia-wide
entity, upon facts otherwise available,
with adverse inferences, because
Russian producers/exporters of subject
merchandise during the POI, now part
of the Russia-wide entity, failed to
respond to Commerce’s requests for
information.6
Final Affirmative Determination of
Critical Circumstances
In the Preliminary Critical
Circumstances Determination,
Commerce preliminary determined, in
accordance with sections 733(e) of the
Act and 19 CFR 351.206, that critical
circumstances exist with respect to all
imports of subject merchandise from
Russia produced or exported by the
Russia-wide entity.7 For this final
determination, in accordance with
section 735(a)(3) of the Act, Commerce
continues to find that critical
circumstances exist with respect to all
imports of subject merchandise from
Russia produced or exported by the
Russia-wide entity.
Combination Rates
In the Preliminary Determination, we
stated that because no respondent
applied for a separate rate, we did not
calculate producer/exporter
combination rates in accordance with
our practice.8 This remains unchanged
for the final determination.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
5 See Petitioners’ Letter, ‘‘Clarification of Scope
Language,’’ dated August 28, 2024; see also
Ferrosilicon from Brazil, Kazakhstan, Malaysia, and
the Russian Federation: Initiation of Less-ThanFair-Value Investigations, 89 FR 31137 (April 24,
2024) (Initiation Notice).
6 See Preliminary Determination.
7 See Preliminary Critical Circumstances
Determination.
8 See Preliminary Determination, 89 FR at 53953;
see also Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Russia-Wide Entity ..................................................................................................................................................
Cash
deposit rate
adjusted for
subsidy
offset
(percent)
* 283.27
283.27
* Rate based on AFA.
Disclosure
Normally, Commerce discloses to
parties to the proceeding the
calculations performed in connection
with a final determination within five
days of any public announcement of the
final determination or, if there is no
public announcement, within five days
of the date of publication of the notice
of the final determination in the Federal
Register, in accordance with 19 CFR
351.224(b). However, because
Commerce based the sole respondent’s
dumping margin on the Petition rate,
there are no calculations to disclose.
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Continuation of Suspension of
Liquidation
Commerce will direct U.S. Customs
and Border Protection (CBP) to continue
to suspend liquidation of entries of the
merchandise described in the scope of
this investigation where that
merchandise was entered, or withdrawn
from warehouse, for consumption on or
after June 28, 2024, which is the date of
publication of the Preliminary
Determination in this investigation in
the Federal Register. Because we
preliminarily determined that critical
circumstances exist with respect to the
Russia-wide entity, we instructed CBP
to suspend such entries on or after April
24, 2024, the date of publication of the
initiation notice in the Federal
Register.9 Pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will also instruct
CBP to require the posting of an
antidumping duty cash deposit.
Commerce normally adjusts estimated
weighted-average dumping margins
determined in an LTFV investigation by
the amount of the export subsidies
countervailed in a companion
countervailing duty (CVD) investigation
to determine the antidumping duty cash
deposit rates. Because there is a
companion CVD investigation in this
9 See Preliminary Critical Circumstances
Determination. We note that the Preliminary
Critical Circumstances Determination indicated
March 30, 2024, as the start of the suspension of
liquidation. However, pursuant to section 703(e)(2)
of the Act, the correct date for the start of
suspension of liquidation is April 24, 2024, which
is the date of publication of the Initiation Notice.
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case,10 we offset the estimated
weighted-average dumping margins
listed in the table above by the
appropriate export subsidy rate to
derive the cash deposit rates listed in
the table.
Should the provisional measures in
the companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits equal to the estimated
weighted-average dumping margins
listed in the table above.
The cash deposit requirements are as
follows: (1) the cash deposit rate for the
Russian Federation is the cash deposit
rate listed for that company in the table
above; (2) if the exporter of the subject
merchandise is not identified in the
table above, but the producer is, then
the cash deposit rate will be equal to the
company-specific cash deposit rate
established for the producer of the
subject merchandise; and (3) the cash
deposit rate for all other producers and
exporters will be equal to the all-others
cash deposit rate listed in the table
above.
In accordance with section 703(d) of
the Act, we will instruct CBP to
discontinue the suspension of
liquidation of all entries of subject
merchandise entered or withdrawn from
warehouse, on or after October 25, 2024,
the final day of provisional measures.
U.S. International Trade Commission
Notification
In accordance with section 735(d)) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with sections
735(b)(2)) and 777(i)(1) 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, before
the later of 120 days after the date that
Commerce made its affirmative
10 See unpublished Federal Register notice for
Ferrosilicon from the Russian Federation: Final
Affirmative Countervailing Duty Determination and
Final Affirmative Determination of Critical
Circumstances, dated concurrently with this notice.
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preliminary determination in this
investigation or 45 days after the date of
this final determination. If the ITC
determines that material injury, or the
threat of material injury, does not exist,
the proceeding will be terminated, and
all cash deposits will be refunded. If the
ITC determines that material injury, or
the threat of material injury, exists,
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.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
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 violation subject to sanction.
Notification to Interested Parties
This determination is being issued
and published in accordance with
sections 735(d) and 777(i)(1) of the Act,
and 19 CFR 351.210(c).
Dated: September 11, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and dutiesof the Assistant Secretary
for Enforcement and Compliance.
Appendix
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.
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices
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.
[FR Doc. 2024–21175 Filed 9–17–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–117]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Final Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Fujian Jinquan Trade Co., Ltd./Baiyuan
Wood Machining Co., Ltd. (Jinquan/
Baiyuan) and 22 non-individually
examined exporters of wood mouldings
and millworks products (WMMP) from
the People’s Republic of China (China)
sold subject merchandise to the United
States at prices below normal value
(NV) during the period of review (POR),
February 01, 2022, through January 31,
2023. Commerce also determines that
Fujian Yinfeng Imp & Exp Trading Co.,
Ltd./Fujian Province Youxi City
Mangrove Wood Machining Co., Ltd.
(Yinfeng/Mangrove) did not sell subject
merchandise to the United States at
prices below NV during the POR.
Additionally, we are rescinding this
review with respect to 12 companies
that had no reviewable entries of subject
merchandise during the POR.
DATES: Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Hannah Lee, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1766 or (202) 482–1216,
respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
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Background
On March 8, 2024, Commerce
published the Preliminary Results.1 On
June 22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.2 The
deadline for these preliminary results is
now September 11, 2024. For events
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.3
Scope of the Order 4
The merchandise covered by the
Order is wood mouldings and millwork
products. A full description of the scope
of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
Appendix I to this notice. 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 https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of
the comments received from the
interested parties, we made one change
to the Preliminary Results margin
calculation for Jinquan/Baiyuan 5 which
resulted in no change to its preliminary
1 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Preliminary
Results, Intent To Rescind, in Part, and Rescission
in Part, of Antidumping Duty Administrative
Review; 2022–2023, 89 FR 16726 (March 8, 2024)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Antidumping Duty
Administrative Review Wood Mouldings and
Millwork Products from the People’s Republic of
China; 2022–2023,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
4 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Amended
Final Antidumping Duty Determination and
Antidumping Duty Order, 86 FR 9486 (February 16,
2021) (Order).
5 See Memorandum, ‘‘Final Results Margin
Calculation for Jinquan/Baiyuan,’’ dated
concurrently with this notice (Jinquan/Baiyuan’s
Final Calculation Memorandum).
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margin or to the margin assigned to the
separate rate companies.
Partial Rescission
In the Preliminary Results, we stated
that we intended to rescind this review
with respect to 12 companies 6 for
which Customs and Border Protection
(CBP) data show no entries of the
subject merchandise from these
companies during the POR.7 No party
filed comments with respect to this
preliminary finding and we received no
information to contradict it. Therefore,
we are rescinding this administrative
review with respect to these companies.
Rate for Non-Examined Separate Rate
Respondents
The statute and our regulations do not
address the establishment of a rate to be
assigned to respondents not selected for
individual examination when we limit
our examination of companies subject to
the administrative review pursuant to
section 777A(c)(2)(B) of the Tariff Act of
1930, as amended (the Act). Generally,
we look to section 735(c)(5) of the Act,
which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the rate for respondents not
individually examined in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ Accordingly,
Commerce’s usual practice in
determining the rate for separate-rate
respondents not selected for individual
examination, has been to average the
weighted-average dumping margins of
the selected companies, excluding rates
that are zero, de minimis, or based
entirely on facts available.8 Because in
these final results of this review we
calculated a dumping margin of zero for
Yinfeng/Mangrove, and a dumping
margin that is not zero, de minimis, or
based entirely on facts available for
Jinquan/Baiyuan, we assigned the
separate-rate recipients a dumping
margin equal to Jinquan/Baiyuan’s final
dumping margin consistent with
Commerce’s practice and section
735(c)(5)(B) of the Act.9
6 See
Appendix III for a list of these companies.
Preliminary Results, 89 FR at 16726.
8 See section 735(c)(5)(A) of the Act.
9 See Longkou Haimeng Mach. Co. v. United
States, 581 F. Supp. 2d 1344, 1357–60 (CIT 2008)
(affirming Commerce’s determination to assign a
4.22 percent dumping margin to the separate-rate
7 See
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]]>Agencies
[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76450-76452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21175]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-838]
Ferrosilicon From the Russian Federation: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
ferrosilicon from the Russian Federation (Russia) is being, or is
likely to be, sold in the United States at less than fair value (LTFV)
during the period of investigation (POI) July 1, 2023, through December
31, 2023.
DATES: Applicable September 18, 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
On June 28, 2024, Commerce published the Preliminary Determination
in this LTFV investigation in the Federal Register.\1\ On July 22,
2024, Commerce tolled certain deadlines in these administrative
proceedings by seven days.\2\ The deadline for the final determination
is now September 11, 2024. We only received comment on the Preliminary
Determination from CC Metals and Alloys, LLC and Ferroglobe USA, Inc.
(collectively, the petitioners), in which the petitioners argued that
lack of participation in this investigation should lead Commerce to
reach the same conclusion for the final determination as it did in the
Preliminary Determination.\3\ Subsequently, on August 28, 2024,
Commerce published its Preliminary Critical Circumstances Determination
in the Federal Register and invited interested parties to comment.\4\
No interested party submitted comments on the Preliminary Critical
Circumstances Determination. Accordingly, we did not make any changes
to our Preliminary Determination and there is no decision memorandum
accompanying this Federal Register notice.
---------------------------------------------------------------------------
\1\ See Ferrosilicon from the Russian Federation: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 89 FR
53953 (June 28, 2024) (Preliminary Determination).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Petitioners' Letter, ``Petitioners' Comments in Lieu of
Case Brief,'' dated July 29, 2024; see also Preliminary
Determination and Preliminary Decision Memorandum.
\4\ See Ferrosilicon from the Russian Federation: Preliminary
Affirmative Critical Circumstances Determinations, 89 FR 68860
(August 28, 2024) (Preliminary Critical Circumstances
Determination).
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Scope of the Investigation
The product covered by this investigation is ferrosilicon from
Russia. For a full description of the scope of this investigation, see
the appendix to this notice.
Scope Comments
On August 28, 2024, CC Metals and Alloys, LLC and Ferroglobe USA,
INC. (collectively, the petitioners) filed a clarification of the scope
language in which the petitioner noted that there was a word missing in
the scope language (i.e., in the Petition and the Initiation Notice,
the first paragraph of the scope stated: ``10 percent or less any other
element'' and should read ``10 percent or less of any other
element'').\5\
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\5\ See Petitioners' Letter, ``Clarification of Scope
Language,'' dated August 28, 2024; see also Ferrosilicon from
Brazil, Kazakhstan, Malaysia, and the Russian Federation: Initiation
of Less-Than-Fair-Value Investigations, 89 FR 31137 (April 24, 2024)
(Initiation Notice).
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Use of Adverse Facts Available (AFA)
Pursuant to section 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act), we have continued to base the dumping margin for the
Russia-wide entity, upon facts otherwise available, with adverse
inferences, because Russian producers/exporters of subject merchandise
during the POI, now part of the Russia-wide entity, failed to respond
to Commerce's requests for information.\6\
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\6\ See Preliminary Determination.
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Final Affirmative Determination of Critical Circumstances
In the Preliminary Critical Circumstances Determination, Commerce
preliminary determined, in accordance with sections 733(e) of the Act
and 19 CFR 351.206, that critical circumstances exist with respect to
all imports of subject merchandise from Russia produced or exported by
the Russia-wide entity.\7\ For this final determination, in accordance
with section 735(a)(3) of the Act, Commerce continues to find that
critical circumstances exist with respect to all imports of subject
merchandise from Russia produced or exported by the Russia-wide entity.
---------------------------------------------------------------------------
\7\ See Preliminary Critical Circumstances Determination.
---------------------------------------------------------------------------
Combination Rates
In the Preliminary Determination, we stated that because no
respondent applied for a separate rate, we did not calculate producer/
exporter combination rates in accordance with our practice.\8\ This
remains unchanged for the final determination.
---------------------------------------------------------------------------
\8\ See Preliminary Determination, 89 FR at 53953; see also
Enforcement and Compliance's Policy Bulletin No. 05.1, regarding,
``Separate-Rates Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market Economy Countries,''
(April 5, 2005) (Policy Bulletin 05.1), available on Commerce's
website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
[[Page 76451]]
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate adjusted
Exporter average for subsidy
dumping margin offset
(percent) (percent)
------------------------------------------------------------------------
Russia-Wide Entity...................... * 283.27 283.27
------------------------------------------------------------------------
* Rate based on AFA.
Disclosure
Normally, Commerce discloses to parties to the proceeding the
calculations performed in connection with a final determination within
five days of any public announcement of the final determination or, if
there is no public announcement, within five days of the date of
publication of the notice of the final determination in the Federal
Register, in accordance with 19 CFR 351.224(b). However, because
Commerce based the sole respondent's dumping margin on the Petition
rate, there are no calculations to disclose.
Continuation of Suspension of Liquidation
Commerce will direct U.S. Customs and Border Protection (CBP) to
continue to suspend liquidation of entries of the merchandise described
in the scope of this investigation where that merchandise was entered,
or withdrawn from warehouse, for consumption on or after June 28, 2024,
which is the date of publication of the Preliminary Determination in
this investigation in the Federal Register. Because we preliminarily
determined that critical circumstances exist with respect to the
Russia-wide entity, we instructed CBP to suspend such entries on or
after April 24, 2024, the date of publication of the initiation notice
in the Federal Register.\9\ Pursuant to section 733(d)(1)(B) of the Act
and 19 CFR 351.205(d), Commerce will also instruct CBP to require the
posting of an antidumping duty cash deposit.
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\9\ See Preliminary Critical Circumstances Determination. We
note that the Preliminary Critical Circumstances Determination
indicated March 30, 2024, as the start of the suspension of
liquidation. However, pursuant to section 703(e)(2) of the Act, the
correct date for the start of suspension of liquidation is April 24,
2024, which is the date of publication of the Initiation Notice.
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Commerce normally adjusts estimated weighted-average dumping
margins determined in an LTFV investigation by the amount of the export
subsidies countervailed in a companion countervailing duty (CVD)
investigation to determine the antidumping duty cash deposit rates.
Because there is a companion CVD investigation in this case,\10\ we
offset the estimated weighted-average dumping margins listed in the
table above by the appropriate export subsidy rate to derive the cash
deposit rates listed in the table.
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\10\ See unpublished Federal Register notice for Ferrosilicon
from the Russian Federation: Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination of Critical
Circumstances, dated concurrently with this notice.
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Should the provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits equal to the estimated weighted-average
dumping margins listed in the table above.
The cash deposit requirements are as follows: (1) the cash deposit
rate for the Russian Federation is the cash deposit rate listed for
that company in the table above; (2) if the exporter of the subject
merchandise is not identified in the table above, but the producer is,
then the cash deposit rate will be equal to the company-specific cash
deposit rate established for the producer of the subject merchandise;
and (3) the cash deposit rate for all other producers and exporters
will be equal to the all-others cash deposit rate listed in the table
above.
In accordance with section 703(d) of the Act, we will instruct CBP
to discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse, on or after October
25, 2024, the final day of provisional measures.
U.S. International Trade Commission Notification
In accordance with section 735(d)) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with sections 735(b)(2)) and
777(i)(1) 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, before the later of 120
days after the date that Commerce made its affirmative preliminary
determination in this investigation or 45 days after the date of this
final determination. If the ITC determines that material injury, or the
threat of material injury, does not exist, the proceeding will be
terminated, and all cash deposits will be refunded. If the ITC
determines that material injury, or the threat of material injury,
exists, 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.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 violation subject to sanction.
Notification to Interested Parties
This determination is being issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: September 11, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and dutiesof the Assistant Secretary for
Enforcement and Compliance.
Appendix
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.
[[Page 76452]]
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.
[FR Doc. 2024-21175 Filed 9-17-24; 8:45 am]
BILLING CODE 3510-DS-P
