Ferrosilicon From the Russian Federation: Antidumping and Countervailing Duty Orders, 92092-92095 [2024-27283]
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92092
Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Notices
Commerce’s final results of the first and
second redeterminations.9
Timken Notice
In its decision in Timken,10 as
clarified by Diamond Sawblades,11 the
U.S. Court of Appeals for the Federal
Circuit held that, pursuant to sections
516A(c) and (e) of the Act, Commerce
must publish a notice of court decision
that is not ‘‘in harmony’’ with a
Commerce determination and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The CIT’s
November 7, 2024, judgment constitutes
a final decision of the CIT that is not in
harmony with Commerce’s Final
Results. Thus, this notice is published
in fulfillment of the publication
requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to Garg Tube
as follows:
Weightedaverage
dumping
margin
(percent)
Producer or exporter
Garg Tube Export LLP and Garg
Tube Limited ...........................
lotter on DSK11XQN23PROD with NOTICES1
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that were produced and/or
exported by Garg Tube, and were
entered, or withdrawn from warehouse,
for consumption during the period May
1, 2018, through April 30, 2019. These
entries will remain enjoined pursuant to
the terms of the injunction during the
pendency of any appeals process.
In the event the CIT’s ruling is not
appealed, or, if appealed, upheld by a
final and conclusive court decision,
Commerce intends to instruct CBP to
assess antidumping duties on
9 See Garg Tube Export LLP and Garg Tube
Limited v. United States, Court No. 21–00169, Slip
Op. 24–124 and Judgment Order (CIT November 7,
2024).
10 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
11 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
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Jkt 265001
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: November 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–27319 Filed 11–20–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–838, C–821–839]
Ferrosilicon From the Russian
Federation: Antidumping and
Countervailing Duty Orders
4.25
Cash Deposit Requirements
Because Garg Tube does not have a
superseding cash deposit rate, i.e., there
have not been final results published in
a subsequent administrative review, we
will issue revised cash deposit
instructions to U.S. Customs and Border
Protection (CBP).
VerDate Sep<11>2014
unliquidated entries of subject
merchandise produced and/or exported
by Garg Tube in accordance with 19
CFR 351.212(b). We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate is not zero or
de minimis. Where an import-specific
ad valorem assessment rate is zero or de
minimis,12 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
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:
AGENCY:
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
12 See
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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.
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
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
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
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).
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.
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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Notices
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 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
lotter on DSK11XQN23PROD with NOTICES1
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
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).
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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
Weightedaverage
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 fourmonth 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 abovereferenced 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
PO 00000
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92093
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
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.
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
6 See Ferrosilicon from the Russian Federation:
Preliminary Affirmative Countervailing Duty
Determination, 89 FR 53949 (June 28, 2024) (CVD
Preliminary Determination).
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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Notices
each entry of subject merchandise equal
to the subsidy rates listed below.7 The
all-others rate applies to all producers or
exporters not specifically listed below,
as appropriate.
lotter on DSK11XQN23PROD with NOTICES1
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
Estimated CVD Subsidy Rates
merchandise from the same country of
The estimated CVD subsidy rates as
origin.
published in Commerce’s CVD Final
In accordance with the Procedural
Determination are as follows:
Guidance, for orders published in the
Federal Register after November 4,
Subsidy rate
Company
(percent)
2021, Commerce will create an annual
inquiry service list segment in
Russian Ferro Alloys Inc./
Commerce’s online e-filing and
RFA International LP ........
748.58
All Others ..............................
748.58 document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
Provisional Measures—CVD
available at https://access.trade.gov,
Section 703(d) of the Act states that
within five business days of publication
the suspension of liquidation pursuant
of the order. Each annual inquiry
to an affirmative preliminary
service list will be saved in ACCESS,
determination may not remain in effect
under each case number, and under a
for more than four months. Commerce
specific segment type called ‘‘AISLpublished the CVD Preliminary
Annual Inquiry Service List.’’ 11
8
Determination on June 28, 2024. As
Interested parties who wish to be
such, the four-month period beginning
added to the annual inquiry service list
on the date of publication of the CVD
for an order must submit an entry of
Preliminary Determination ended on
appearance to the annual inquiry
October 25, 2024.
In accordance with section 703(d) of
service list segment for the order in
the Act, Commerce intends to instruct
ACCESS within 30 days after the date of
CBP to terminate the suspension of
publication of the order. For ease of
liquidation and to liquidate, without
administration, Commerce requests that
regard to CVDs, unliquidated entries of
law firms with more than one attorney
ferrosilicon from Russia entered, or
representing interested parties in an
withdrawn from warehouse, for
order designate a lead attorney to be
consumption, on or after October 26,
included on the annual inquiry service
2024, the first day provisional measures list. Commerce will finalize the annual
were no longer in effect, until and
inquiry service list within five business
through the day preceding the date of
days thereafter. As mentioned in the
publication of the ITC Final
Procedural Guidance, the new annual
Determination. Suspension of
inquiry service list will be in place until
liquidation and the collection of cash
the following year, when the
deposits will resume on the date of
Opportunity Notice for the anniversary
publication of the ITC Final
month of the order is published.
Determination in the Federal Register.
Commerce may update an annual
Establishment of the Annual Inquiry
inquiry service list at any time as
Service List
needed based on interested parties’
amendments to their entries of
On September 20, 2021, Commerce
appearance to remove or otherwise
published the Final Rule in the Federal
modify their list of members and
Register.9 On September 27, 2021,
representatives, or to update contact
Commerce also published the
information. Any changes or
Procedural Guidance in the Federal
announcements pertaining to these
Register.10 The Final Rule and
procedures will be posted to the
Procedural Guidance provide that
ACCESS website.
Commerce will maintain an annual
inquiry service list for each order or
11 This segment will be combined with the
suspended investigation, and any
ACCESS Segment Specific Information (SSI) field
interested party submitting a scope
7 See
section 706(a)(3) of the Act.
CVD Preliminary Determination.
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).
8 See
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18:02 Nov 20, 2024
Jkt 265001
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.
PO 00000
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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.
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.
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
12 See
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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Notices
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. 2024–27283 Filed 11–20–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–849, A–570–093, C–570–094]
Refillable Stainless-Steel Kegs From
Mexico and the People’s Republic of
China: Final Results of Sunset
Reviews and Revocation of Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 3, 2024, the
U.S. Department of Commerce
(Commerce) initiated the first sunset
review of the antidumping duty (AD)
order on refillable stainless-steel kegs
(kegs) from Mexico and the AD and
countervailing duty (CVD) orders on
kegs from the People’s Republic of
China (China). Because no domestic
interested party responded to the sunset
review notice of initiation by the
applicable deadline, consistent with
section 751(c)(3)(A) of the Tariff Act of
1930, as amended (the Act), Commerce
is revoking the AD orders on kegs from
China and Mexico and the CVD order on
kegs from China.
DATES: Applicable November 21, 2024.
FOR FURTHER INFORMATION CONTACT:
Carter Sherwin, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4260.
SUPPLEMENTARY INFORMATION:
AGENCY:
lotter on DSK11XQN23PROD with NOTICES1
Background
On October 10, 2019, Commerce
issued the AD order on kegs from
Mexico.1 On December 16, 2019,
Commerce issued the AD and CVD
orders on kegs from China.2 On
1 See Refillable Stainless Steel Kegs From Mexico:
Antidumping Duty Order, 84 FR 54591 (October 10,
2019) (Mexico Order).
2 See Refillable Stainless-Steel Kegs from the
Federal Republic of Germany and the People’s
Republic of China: Antidumping Duty Order, 84 FR
68405 (December 16, 2019) (AD China Order); see
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September 3, 2024, Commerce initiated
the current sunset reviews of the China
Orders and Mexico Order (collectively,
Orders), pursuant to section 751(c) of
the Act).3
On September 24, 2024, Commerce
staff spoke with counsel to the
American Keg Company LLC (the
petitioner) who informed Commerce
that the petitioner does not intend to
participate in these sunset reviews.4 As
a result, in accordance with 19 CFR
351.218(d)(1)(iii)(B)(1), Commerce
determined that no domestic interested
party intends to participate in these
sunset reviews. On September 25, 2024,
we notified the U.S. International Trade
Commission of these facts and that we
intended to revoke the Orders within 90
days of the initiation, consistent with 19
CFR 351.218(d)(1)(iii)(B)(2).5
Scope of the Orders
The merchandise covered by the
Orders are kegs, vessels, or containers
with bodies that are approximately
cylindrical in shape, made from
stainless steel (i.e., steel containing at
least 10.5 percent chromium by weight
and less than 1.2 percent carbon by
weight, with or without other elements),
and that are compatible with a ‘‘D
Sankey’’ extractor (refillable stainless
steel kegs) with a nominal liquid
volume capacity of 10 liters or more,
regardless of the type of finish, gauge,
thickness, or grade of stainless steel, and
whether or not covered by or encased in
other materials. Refillable stainless-steel
kegs may be imported assembled or
unassembled, with or without all
components (including spears, couplers
or taps, necks, collars, and valves), and
be filled or unfilled.
‘‘Unassembled’’ or ‘‘unfinished’’
refillable stainless-steel kegs include
drawn stainless-steel cylinders that have
been welded to form the body of the keg
and attached to an upper (top) chime
and/or lower (bottom) chime.
Unassembled refillable stainless-steel
kegs may or may not be welded to a
neck, may or may not have a valve
assembly attached, and may be
otherwise complete except for testing,
certification, and/or marking.
Subject merchandise also includes
refillable stainless steel kegs that have
also Refillable Stainless-Steel Kegs from the
People’s Republic of China: Countervailing Duty
Order, 84 FR 68400 (December 16, 2019) (CVD
China Order) (collectively, China Orders).
3 See Initiation of Five-Year (Sunset) Reviews, 89
FR 71252 (September 3, 2024).
4 See Memorandum, ‘‘Petitioner Does Not Intend
to Participate in the Reviews,’’ dated September 25,
2024. (Petitioner Participation Memorandum).
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on September 3, 2024,’’ dated September
25, 2024.
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92095
been further processed in a third
country, including but not limited to,
attachment of necks, collars, spears or
valves, heat treatment, pickling,
passivation, painting, testing,
certification or any other processing that
would not otherwise remove the
merchandise from the scope of the
Orders if performed in the country of
manufacture of the in-scope refillable
stainless steel keg.
Specifically excluded are the
following:
(1) vessels or containers that are not
approximately cylindrical in nature
(e.g., box, ‘‘hopper’’ or ‘‘cone’’ shaped
vessels);
(2) stainless steel kegs, vessels, or
containers that have either a ‘‘ball lock’’
valve system or a ‘‘pin lock’’ valve
system (commonly known as
‘‘Cornelius,’’ ‘‘corny’’ or ‘‘ball lock’’
kegs);
(3) necks, spears, couplers or taps,
collars, and valves that are not imported
with the subject merchandise; and
(4) stainless steel kegs that are filled
with beer, wine, or other liquid and that
are designated by the Commissioner of
Customs as Instruments of International
Traffic within the meaning of section
332(a) of the Tariff Act of 1930, as
amended.
The merchandise covered by the
Orders are currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 7310.10.0010,
7310.10.0050, 7310.29.0025, and
7310.29.0050. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of this
investigation is dispositive.
Revocation
Pursuant to section 751(c)(3)(A) of the
Act and 19 CFR 351.218(d)(1)(iii)(B)(3),
if no domestic interested party responds
to a notice of initiation, Commerce
shall, within 90 days after the initiation
of review, revoke the order. Because the
petitioner informed Commerce that it
did not intend to participate in these
sunset reviews, we are revoking the
Orders.6
Effective Date of Revocation
Pursuant to section 751(c)(3)(A) of the
Act and 19 CFR 351.222(i)(2)(i),
Commerce intends to instruct U.S.
Customs and Border Protection to
terminate the suspension of liquidation
of the merchandise subject to these
Orders entered, or withdrawn from the
warehouse, on or after October 10, 2024,
the fifth anniversary of the date of the
6 See
E:\FR\FM\21NON1.SGM
Petitioner Participation Memorandum.
21NON1
]]>Agencies
[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Notices]
[Pages 92092-92095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27283]
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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.
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\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).
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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\
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\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.
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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
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
[[Page 92093]]
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 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\
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\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).
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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:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer 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\
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\6\ See Ferrosilicon from the Russian Federation: Preliminary
Affirmative Countervailing Duty Determination, 89 FR 53949 (June 28,
2024) (CVD Preliminary Determination).
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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.
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
[[Page 92094]]
each entry of subject merchandise equal to the subsidy rates listed
below.\7\ The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate.
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\7\ See section 706(a)(3) of the Act.
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Estimated CVD Subsidy Rates
The estimated CVD subsidy rates as published in Commerce's CVD
Final Determination are as follows:
------------------------------------------------------------------------
Subsidy rate
Company (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.
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\8\ See CVD Preliminary Determination.
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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.
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\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).
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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\
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\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.
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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.
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\12\ See Final Rule, 86 FR at 52335.
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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.
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
[[Page 92095]]
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. 2024-27283 Filed 11-20-24; 8:45 am]
BILLING CODE 3510-DS-P
