Ferrosilicon From Kazakhstan: Final Affirmative Determination of Sales at Less-Than-Fair-Value and Final Negative Determination of Critical Circumstances, 14077-14079 [2025-05303]

Download as PDF Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 / Notices consistent with section 705(c)(3) of the Act. Additionally, as a result of this final affirmative determination of critical circumstances for all other producers and exporters, we are instructing CBP to suspend liquidation of all entries of subject merchandise from those producers and exporters of ferrosilicon from Malaysia, which were entered or withdrawn from warehouse for consumption 90 days prior to the date of publication of the notice of the Preliminary Determination in the Federal Register,8 pursuant to section 705(c)(4)(B) of the Act. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ddrumheller on DSK120RN23PROD with NOTICES1 ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of ferrosilicon from Malaysia. Because the final determination is affirmative, in accordance with section 705(b) 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, by reason of imports of ferrosilicon from Malaysia no later than 45 days after this final determination. In addition, we are making available to the ITC all non-privileged and nonproprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. If the ITC determines that material injury or threat of material injury does not exist, this proceeding 8 See Preliminary Determination, 89 FR 73364. VerDate Sep<11>2014 19:31 Mar 27, 2025 Jkt 265001 will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: March 21, 2025. Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The scope of this investigation 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 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). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 14077 While the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Determination of Critical Circumstances, in Part IV. Use of Facts Otherwise Available and Application of Adverse Inferences V. Subsidies Valuation Information VI. Analysis of Programs VII. Discussion of the Issues Comment 1: Whether Rent Paid by OM Materials and Pertama is a Countervailable Subsidy Comment 2: Whether the Industrial Building Allowance is Countervailable Comment 3: Whether the Import Duty and Sales Tax Exemptions for Raw Materials is a Countervailable Subsidy Comment 4: Whether the Facilitation Fund Agreement Grant is Countervailable Comment 5: Whether Commerce Properly Calculated a Benefit From the Discounted Land Premiums Comment 6: Whether Commerce Properly Allocated the Non-Recurring Benefits From the Sarawak Government’s Waiver of Land-Use Installment Payments VIII. Recommendation [FR Doc. 2025–05306 Filed 3–27–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–834–812] Ferrosilicon From Kazakhstan: Final Affirmative Determination of Sales at Less-Than-Fair-Value and Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of ferrosilicon from Kazakhstan are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) January 1, 2023, through December 31, 2023. DATES: Applicable March 28, 2025. FOR FURTHER INFORMATION CONTACT: Mira Warrier, 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) 482–8031 SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\28MRN1.SGM 28MRN1 14078 Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 / Notices Background On November 6, 2024, Commerce published the Preliminary Determination in the Federal Register.1 We invited interested parties to comment on the Preliminary Determination. For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.2 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. Scope of the Investigation The product covered by this investigation is ferrosilicon. For a complete description of the scope of this investigation, see Appendix I. Scope Comments No interested party commented on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, no changes were made to the scope of the investigation. Final Negative Determination of Critical Circumstances We continue to find that critical circumstances do not exist for YDD Corporation LLP; Asia FerroAlloys LLP; and KazSilicon Metallurgical Combine LLP (collectively, the YDD Single Entity), TNC Kazchrome JSC (Kazchrome), and all other companies not individually examined pursuant to section 733(e)(1)(A) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.206. For a discussion of Commerce’s critical circumstance analysis, see the Issues and Decision Memorandum. ddrumheller on DSK120RN23PROD with NOTICES1 Verification Commerce conducted verification of the information relied upon in making 1 See Ferrosilicon from Kazakhstan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 88007 (November 6, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Ferrosilicon from Kazakhstan,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 19:31 Mar 27, 2025 Jkt 265001 its final determination in this investigation, in accordance with section 782(i) of the Act. Specifically, Commerce conducted on-site verifications of YDD Corporation LLP; Asia FerroAlloys LLP; and KazSilicon Metallurgical Combine LLP (collectively, the YDD Single Entity) 3 and Kazchrome’s 4 home market sales, U.S. sales, and cost of production. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by the YDD Single Entity and Kazchrome. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination Based on a review of the record and comments received from interested parties regarding our Preliminary Determination, we made certain changes to both the YDD Single Entity’s and Kazchrome’s preliminary weightedaverage dumping margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce calculated estimated weighted-average 3 See Memoranda, ‘‘Verification of the Sales Response of YDD Corporation LLP; Asia FerroAlloys LLP; and KazSilicon Metallurgical Combine LLP (collectively, the YDD Single Entity) in the Less-Than-Fair-Value Investigation of Ferrosilicon from Kazakhstan,’’ dated December 27, 2024; and ‘‘Verification of the Cost Response of YDD Corporation LLP; Asia FerroAlloys LLP; and KazSilicon Metallurgical Combine LLP in the Less Than Fair Value Investigation of Ferrosilicon from Kazakhstan,’’ dated February 10, 2025. 4 See Memoranda, ‘‘Verification of the Sales Response of TNC Kazchrome JSC in the Less-ThanFair-Value Investigation of Ferrosilicon from Kazakhstan,’’ dated December 27, 2024; ‘‘Verification of the Cost Response of TNC Kazchrome JSC in the Less Than Fair Value Investigation of Ferrosilicon from Kazakhstan,’’ dated February 10, 2025. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 dumping margins for Kazchrome and the YDD Single Entity that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly-ranged values for the merchandise under consideration.5 Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: Exporter/producer YDD Corporation LLP; Asia FerroAlloys LLP; KazSilicon Metallurgical Combine LLP 6 ... TNC Kazchrome JSC ................. All Others .................................... Weightedaverage dumping margin (percent) 6.01 6.20 6.05 Disclosure Commerce intends to disclose the calculations and analysis performed in connection with this final determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the publication date of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). 5 See Memorandum, ‘‘All-Others Rate Calculation,’’ dated concurrently with this notice. With two respondents under examination, Commerce normally calculates: (A) a weightedaverage of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weightedaverage dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted average dumping margins calculated for the examined respondents using each company’s publicly-ranged U.S. sales values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53662 (September 1, 2010), and accompanying Issues and Decision Memorandum at Comment 1. As complete publicly ranged sales data were available, Commerce based the all others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, see the All Others Rate Calculation Memorandum. 6 Commerce has found that YDD Corporation LLP, Asia FerroAlloys LLP, and KazSilicon Metallurgical Combine LLP comprise a single entity. See Preliminary Determination PDM. E:\FR\FM\28MRN1.SGM 28MRN1 Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 / Notices Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption, on or after November 6, 2024, the date of publication of the Preliminary Determination in the Federal Register. These suspension of liquidation instructions will remain in effect until further notice. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, we will instruct CBP to require a cash deposit for estimated antidumping duties for such entries as follows: (1) the cash deposit rates for the companies listed in the table above are the company-specific estimated weighted-average dumping margins determined in this final determination; (2) if the exporter is not a respondent listed in the table above, but the producer is, then the cash deposit rate is the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters is the all-others estimated weighted-average dumping margin listed in the table above. These suspension of liquidation instructions will remain in effect until further notice. ddrumheller on DSK120RN23PROD with NOTICES1 U.S. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, Commerce will notify the ITC of its final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) 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, by reason of imports or sales (or the likelihood of sales) for importation of ferrosilicon from Kazakhstan, no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, 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 VerDate Sep<11>2014 19:31 Mar 27, 2025 Jkt 265001 withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section above. Administrative Protective Order (APO) This notice will serve as a final reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with accordance with 19 CFR 351.305(a)(3). Timely written 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 sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: March 21, 2025. Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The scope of this investigation 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 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. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Negative Determination of Critical PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 14079 Circumstances IV. Discussion of the Issues Comment 1: Date of Sale Comment 2: Whether Kazchrome’s Home Market is Viable Comment 3: Whether Kazchrome’s Purported Home Market Sales to An Affiliate Should Be Excluded from The Home Market Sales Database Comment 4: Whether Commerce Should Deduct an Amount from Kazchrome’s U.S. Sales To Account for a Specific Adjustment Comment 5: Whether to Apply our Verification Findings Concerning Methodological and Clerical Errors in Kazchrome’s Reported Costs Comment 6: Whether to Include Foreign Exchange Gain or Loss in Financial Expenses for Kazchrome Comment 7: Whether to Apply Partial Adverse Facts Available (AFA) with Respect to Kazchrome’s Failure to Provide Affiliated Party Information on a Timely Basis Comment 8: Whether to Apply the Major Input Rule to Kazchrome’s Electricity Costs Comment 9: Whether the YDD Single Entity’s Control Number Reporting Methodology is Deficient Comment 10: YDD Single Entity’s Sales to Canada Comment 11: Whether to Continue to Apply Partial AFA to YDD Comment 12: Whether Commerce Should Deduct YDD Single Entity’s Reported Customs Expense from U.S. Gross Unit Price Comment 13: Whether Commerce Should Continue to Adjust Negative Margins in the YDD Single Entity’s Margin Program Comment 14: Whether to Adjust for the YDD Single Entity’s Cost Verification Findings Comment 15: Whether to Apply the Major Input Rule to the Transactions Between the Collapsed YDD Single Entity Companies Comment 16: Whether to Apply the Major Input Rule to the YDD Single Entity’s Purchases of Electricity from Affiliated Parties V. Recommendation [FR Doc. 2025–05303 Filed 3–27–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–885] Polyester Textured Yarn From India: Preliminary Results of Antidumping Duty Administrative Review; 2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds that polyester textured yarn (yarn) from India was not sold at less than AGENCY: E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Notices]
[Pages 14077-14079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05303]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-834-812]


Ferrosilicon From Kazakhstan: Final Affirmative Determination of 
Sales at Less-Than-Fair-Value and Final Negative Determination of 
Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of ferrosilicon from Kazakhstan are being, or are likely to be, 
sold in the United States at less than fair value (LTFV) for the period 
of investigation (POI) January 1, 2023, through December 31, 2023.

DATES: Applicable March 28, 2025.

FOR FURTHER INFORMATION CONTACT: Mira Warrier, 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) 482-8031

SUPPLEMENTARY INFORMATION:

[[Page 14078]]

Background

    On November 6, 2024, Commerce published the Preliminary 
Determination in the Federal Register.\1\ We invited interested parties 
to comment on the Preliminary Determination. For a complete description 
of the events that followed the Preliminary Determination, see the 
Issues and Decision Memorandum.\2\ 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.
---------------------------------------------------------------------------

    \1\ See Ferrosilicon from Kazakhstan: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Negative 
Determination of Critical Circumstances, Postponement of Final 
Determination, and Extension of Provisional Measures, 89 FR 88007 
(November 6, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Ferrosilicon from Kazakhstan,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is ferrosilicon. For a 
complete description of the scope of this investigation, see Appendix 
I.

Scope Comments

    No interested party commented on the scope of the investigation as 
it appeared in the Preliminary Determination. Therefore, no changes 
were made to the scope of the investigation.

Final Negative Determination of Critical Circumstances

    We continue to find that critical circumstances do not exist for 
YDD Corporation LLP; Asia FerroAlloys LLP; and KazSilicon Metallurgical 
Combine LLP (collectively, the YDD Single Entity), TNC Kazchrome JSC 
(Kazchrome), and all other companies not individually examined pursuant 
to section 733(e)(1)(A) of the Tariff Act of 1930, as amended (the Act) 
and 19 CFR 351.206. For a discussion of Commerce's critical 
circumstance analysis, see the Issues and Decision Memorandum.

Verification

    Commerce conducted verification of the information relied upon in 
making its final determination in this investigation, in accordance 
with section 782(i) of the Act. Specifically, Commerce conducted on-
site verifications of YDD Corporation LLP; Asia FerroAlloys LLP; and 
KazSilicon Metallurgical Combine LLP (collectively, the YDD Single 
Entity) \3\ and Kazchrome's \4\ home market sales, U.S. sales, and cost 
of production. We used standard verification procedures, including an 
examination of relevant sales and accounting records, and original 
source documents provided by the YDD Single Entity and Kazchrome.
---------------------------------------------------------------------------

    \3\ See Memoranda, ``Verification of the Sales Response of YDD 
Corporation LLP; Asia FerroAlloys LLP; and KazSilicon Metallurgical 
Combine LLP (collectively, the YDD Single Entity) in the Less-Than-
Fair-Value Investigation of Ferrosilicon from Kazakhstan,'' dated 
December 27, 2024; and ``Verification of the Cost Response of YDD 
Corporation LLP; Asia FerroAlloys LLP; and KazSilicon Metallurgical 
Combine LLP in the Less Than Fair Value Investigation of 
Ferrosilicon from Kazakhstan,'' dated February 10, 2025.
    \4\ See Memoranda, ``Verification of the Sales Response of TNC 
Kazchrome JSC in the Less-Than-Fair-Value Investigation of 
Ferrosilicon from Kazakhstan,'' dated December 27, 2024; 
``Verification of the Cost Response of TNC Kazchrome JSC in the Less 
Than Fair Value Investigation of Ferrosilicon from Kazakhstan,'' 
dated February 10, 2025.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Determination, we made 
certain changes to both the YDD Single Entity's and Kazchrome's 
preliminary weighted-average dumping margin calculations. For a 
discussion of these changes, see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In this investigation, Commerce calculated estimated weighted-
average dumping margins for Kazchrome and the YDD Single Entity that 
are not zero, de minimis, or based entirely on facts otherwise 
available. Commerce calculated the all-others rate using a weighted 
average of the estimated weighted-average dumping margins calculated 
for the examined respondents using each company's publicly-ranged 
values for the merchandise under consideration.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``All-Others Rate Calculation,'' dated 
concurrently with this notice. With two respondents under 
examination, Commerce normally calculates: (A) a weighted-average of 
the estimated weighted-average dumping margins calculated for the 
examined respondents; (B) a simple average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents; and (C) a weighted-average of the estimated weighted 
average dumping margins calculated for the examined respondents 
using each company's publicly-ranged U.S. sales values for the 
merchandise under consideration. Commerce then compares (B) and (C) 
to (A) and selects the rate closest to (A) as the most appropriate 
rate for all other producers and exporters. See, e.g., Ball Bearings 
and Parts Thereof from France, Germany, Italy, Japan, and the United 
Kingdom: Final Results of Antidumping Duty Administrative Reviews, 
Final Results of Changed-Circumstances Review, and Revocation of an 
Order in Part, 75 FR 53661, 53662 (September 1, 2010), and 
accompanying Issues and Decision Memorandum at Comment 1. As 
complete publicly ranged sales data were available, Commerce based 
the all others rate on the publicly ranged sales data of the 
mandatory respondents. For a complete analysis of the data, see the 
All Others Rate Calculation Memorandum.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:
---------------------------------------------------------------------------

    \6\ Commerce has found that YDD Corporation LLP, Asia 
FerroAlloys LLP, and KazSilicon Metallurgical Combine LLP comprise a 
single entity. See Preliminary Determination PDM.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
YDD Corporation LLP; Asia FerroAlloys LLP; KazSilicon               6.01
 Metallurgical Combine LLP \6\..............................
TNC Kazchrome JSC...........................................        6.20
All Others..................................................        6.05
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations and analysis 
performed in connection with this final determination to interested 
parties within five days of any public announcement or, if there is no 
public announcement, within five days of the publication date of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

[[Page 14079]]

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of entries of subject merchandise, as described in 
Appendix I of this notice, which were entered, or withdrawn from 
warehouse, for consumption, on or after November 6, 2024, the date of 
publication of the Preliminary Determination in the Federal Register. 
These suspension of liquidation instructions will remain in effect 
until further notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, we will instruct CBP 
to require a cash deposit for estimated antidumping duties for such 
entries as follows: (1) the cash deposit rates for the companies listed 
in the table above are the company-specific estimated weighted-average 
dumping margins determined in this final determination; (2) if the 
exporter is not a respondent listed in the table above, but the 
producer is, then the cash deposit rate is the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters is the all-others estimated weighted-average 
dumping margin listed in the table above. These suspension of 
liquidation instructions will remain in effect until further notice.

U.S. International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination of sales at LTFV. 
Because Commerce's final determination is affirmative, in accordance 
with section 735(b)(2) 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, by reason of 
imports or sales (or the likelihood of sales) for importation of 
ferrosilicon from Kazakhstan, no later than 45 days after this final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, all cash deposits posted will be 
refunded, and suspension of liquidation will be lifted. If the ITC 
determines that such injury does exist, 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, as discussed in the ``Continuation of Suspension of 
Liquidation'' section above.

Administrative Protective Order (APO)

    This notice will serve as a final reminder to parties subject to an 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with accordance with 19 
CFR 351.305(a)(3). Timely written 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 sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).

    Dated: March 21, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The scope of this investigation 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 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.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Final Negative Determination of Critical Circumstances
IV. Discussion of the Issues
    Comment 1: Date of Sale
    Comment 2: Whether Kazchrome's Home Market is Viable
    Comment 3: Whether Kazchrome's Purported Home Market Sales to An 
Affiliate Should Be Excluded from The Home Market Sales Database
    Comment 4: Whether Commerce Should Deduct an Amount from 
Kazchrome's U.S. Sales To Account for a Specific Adjustment
    Comment 5: Whether to Apply our Verification Findings Concerning 
Methodological and Clerical Errors in Kazchrome's Reported Costs
    Comment 6: Whether to Include Foreign Exchange Gain or Loss in 
Financial Expenses for Kazchrome
    Comment 7: Whether to Apply Partial Adverse Facts Available 
(AFA) with Respect to Kazchrome's Failure to Provide Affiliated 
Party Information on a Timely Basis
    Comment 8: Whether to Apply the Major Input Rule to Kazchrome's 
Electricity Costs
    Comment 9: Whether the YDD Single Entity's Control Number 
Reporting Methodology is Deficient
    Comment 10: YDD Single Entity's Sales to Canada
    Comment 11: Whether to Continue to Apply Partial AFA to YDD
    Comment 12: Whether Commerce Should Deduct YDD Single Entity's 
Reported Customs Expense from U.S. Gross Unit Price
    Comment 13: Whether Commerce Should Continue to Adjust Negative 
Margins in the YDD Single Entity's Margin Program
    Comment 14: Whether to Adjust for the YDD Single Entity's Cost 
Verification Findings
    Comment 15: Whether to Apply the Major Input Rule to the 
Transactions Between the Collapsed YDD Single Entity Companies
    Comment 16: Whether to Apply the Major Input Rule to the YDD 
Single Entity's Purchases of Electricity from Affiliated Parties
V. Recommendation

[FR Doc. 2025-05303 Filed 3-27-25; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.