Ferrosilicon From Malaysia: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, in Part, 14075-14077 [2025-05306]

Download as PDF Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 / Notices 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 DOTP 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 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assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. 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 and notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: March 20, 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. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix I—Scope of the Investigation The merchandise covered by this investigation is dioctyl terephthalate (DOTP), regardless of form. DOTP that has been blended with other products is included within this scope when such blends include constituent parts that have not been chemically reacted with each other to produce a different product. For such blends, only the DOTP component of the mixture is covered by the scope of the investigations. DOTP that is otherwise subject to this investigation is not excluded when commingled with DOTP from sources not subject to these investigations. Commingled refers to the mixing of subject and nonsubject DOTP. Only the subject component of such commingled products is covered by the scope of these investigations. VerDate Sep<11>2014 19:31 Mar 27, 2025 Jkt 265001 DOTP has the general chemical formulation of C6H4 (C8H17COO)2 and a chemical name of ‘‘bis (2-ethylhexyl) terephthalate’’ and has a Chemical Abstract Service (CAS) registry number of 6422–86–2. Regardless of the label, all DOTP is covered by this investigation. Subject merchandise is currently classified under subheading 2917.39.2000 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under subheadings 2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry number and HTSUS classifications are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Discussion of the Issues Comment 1: Treatment of Home Market Gross Price and Expense Variables Comment 2: Minor Corrections Presented at Verification Comment 3: Treatment of Packing Expenses Comment 4: Treatment of Shutdown Costs Comment 5: Treatment of Cost Adjustments in the Preliminary Determination V. Recommendation [FR Doc. 2025–05315 Filed 3–27–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–557–829] Ferrosilicon From Malaysia: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of ferrosilicon from Malaysia during the period of investigation (POI), January 1, 2023, through December 31, 2023. DATES: Applicable March 28, 2025. FOR FURTHER INFORMATION CONTACT: Suresh Maniam or Stefan Smith, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 14075 (202) 482–1603 or (202) 482–4342, respectively. SUPPLEMENTARY INFORMATION: Background On September 10, 2024, Commerce published in the Federal Register the Preliminary Determination and invited comments from interested parties.1 For a complete description of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final 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 from Malaysia. 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. 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 Tariff Act of 1930, as amended (the Act). Specifically, we conducted on-site verifications of the subsidy information reported by the Government of Malaysia (GOM), OM Materials (Sarawak) Sdn. Bhd (OM Materials), and Pertama Ferroalloys Sdn. Bhd (Pertama) in October 2024 using standard verification procedures, 1 See Ferrosilicon from Malaysia: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, In Part, and Alignment of Final Determination with Final Antidumping Duty Determination, 89 FR 73364 (September 10, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Ferrosilicon from Malaysia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\28MRN1.SGM 28MRN1 14076 Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 / Notices including an examination of relevant sales and accounting records, and original source documents provided by the GOM, OM Materials, and Pertama.3 Analysis of Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs that were submitted by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 the Act. For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce relied, in part, on facts available, including adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of AFA, see the Preliminary Determination 5 and section ‘‘Use of Facts Otherwise Available and Application of Adverse Inferences’’ in the accompanying Issues and Decision Memorandum. ddrumheller on DSK120RN23PROD with NOTICES1 Final Affirmative Determination of Critical Circumstances, in Part In accordance with sections 705(a)(2) and 776(a) and 776(b) of the Act and 19 CFR 351.206, Commerce finds that critical circumstances exist with respect to imports of ferrosilicon for all other producers and exporters not individually examined. In addition, we find that critical circumstances do not exist with respect to imports of ferrosilicon from Malaysia for OM Materials and Pertama. For a full description of the methodology and results of Commerce’s critical 3 See Memoranda, ‘‘Verification of the Questionnaire Responses of Government of Malaysia,’’ dated November 22, 2024; ‘‘Verification of the Questionnaire Responses of Pertama Ferroalloys Sdn. Bhd,’’ dated November 22, 2024; and ‘‘Verification of the Questionnaire Responses of OM Materials (Sarawak) Sdn. Bhd,’’ dated November 25, 2024. 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; see also section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 5 See Preliminary Determination PDM at 7–17. VerDate Sep<11>2014 19:31 Mar 27, 2025 Jkt 265001 circumstances analysis, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of the information received during verification, for this final determination, we made certain changes to the countervailable subsidy rate calculations for OM Materials, Pertama, and for all other producers/exporters. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will determine an all-others rate equal to the weighted average countervailable subsidy rates established for those exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated individual estimated countervailable subsidy rates for OM Materials and Pertama 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 individual estimated subsidy rates calculated for the examined respondents using each company’s publicly ranged values for the merchandise under consideration.6 Final Determination Commerce determines that the following estimated countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023: 6 With two respondents under examination, Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale 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. 7 Commerce has found the following companies to be cross-owned with OM Materials: OM Materials & Logistics (M) Sdn. Bhd; OM Materials (Samalaju) Sdn. Bhd; and OM Engineering Tech (M) Sdn. Bhd. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Company Subsidy rate (percent ad valorem) OM Materials (Sarawak) Sdn. Bhd 7 ...................................... Pertama Ferroalloys Sdn. Bhd All Others .................................. 2.78 3.48 3.08 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of its public announcement, or if there is no public announcement, within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation of entries of subject merchandise, as described in the scope of the investigation section, that were entered, or withdrawn from warehouse, for consumption on or after September 10, 2024, the date of publication of the Preliminary Determination in the Federal Register for entries produced and/or exported by OM Materials. Because we preliminarily determined that critical circumstances existed with respect to Pertama, we instructed CBP to suspend liquidation of entries of subject merchandise from Malaysia that were entered, or withdrawn from warehouse, for consumption, on or after June 12, 2024, which is 90 days prior to the date of the publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse, on or after, January 8, 2025, but to continue the suspension of liquidation of all entries of subject merchandise that were subject to suspension of liquidation between June 12, 2024, and January 7, 2024. Because we now find that critical circumstances do not exist for Pertama, we will direct CBP to terminate the retroactive suspension of liquidation ordered at the Preliminary Determination and release any cash deposits that were required prior to September 10, 2024, the date of publication of the Preliminary Determination in the Federal Register, E:\FR\FM\28MRN1.SGM 28MRN1 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

Agencies

[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Notices]
[Pages 14075-14077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05306]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-557-829]


Ferrosilicon From Malaysia: Final Affirmative Countervailing Duty 
Determination and Final Affirmative Determination of Critical 
Circumstances, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of ferrosilicon from Malaysia during the period of investigation (POI), 
January 1, 2023, through December 31, 2023.

DATES: Applicable March 28, 2025.

FOR FURTHER INFORMATION CONTACT: Suresh Maniam or Stefan Smith, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1603 or (202) 482-4342, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 10, 2024, Commerce published in the Federal Register 
the Preliminary Determination and invited comments from interested 
parties.\1\ For a complete description of the events that occurred 
since Commerce published the Preliminary Determination, as well as a 
full discussion of the issues raised by parties for this final 
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 Malaysia: Preliminary Affirmative 
Countervailing Duty Determination, Preliminary Affirmative Critical 
Circumstances Determination, In Part, and Alignment of Final 
Determination with Final Antidumping Duty Determination, 89 FR 73364 
(September 10, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Countervailing Duty 
Investigation of Ferrosilicon from Malaysia,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Investigation

    The product covered by this investigation is ferrosilicon from 
Malaysia. 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.

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 Tariff Act of 1930, as amended (the Act). 
Specifically, we conducted on-site verifications of the subsidy 
information reported by the Government of Malaysia (GOM), OM Materials 
(Sarawak) Sdn. Bhd (OM Materials), and Pertama Ferroalloys Sdn. Bhd 
(Pertama) in October 2024 using standard verification procedures,

[[Page 14076]]

including an examination of relevant sales and accounting records, and 
original source documents provided by the GOM, OM Materials, and 
Pertama.\3\
---------------------------------------------------------------------------

    \3\ See Memoranda, ``Verification of the Questionnaire Responses 
of Government of Malaysia,'' dated November 22, 2024; ``Verification 
of the Questionnaire Responses of Pertama Ferroalloys Sdn. Bhd,'' 
dated November 22, 2024; and ``Verification of the Questionnaire 
Responses of OM Materials (Sarawak) Sdn. Bhd,'' dated November 25, 
2024.
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Analysis of Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs that were submitted by parties in this 
investigation, are discussed in the Issues and Decision Memorandum. For 
a list of the issues raised by parties, and to which we responded in 
the Issues and Decision Memorandum, see Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 the Act. For each of the subsidy programs found to be 
countervailable, Commerce determines that there is a subsidy, i.e., a 
financial contribution by an ``authority'' that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\4\ For a full 
description of the methodology underlying our final determination, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; see also section 771(5)(E) of the Act 
regarding benefit; and section 771(5A) of the Act regarding 
specificity.
---------------------------------------------------------------------------

    In making this final determination, Commerce relied, in part, on 
facts available, including adverse facts available (AFA), pursuant to 
sections 776(a) and (b) of the Act. For a full discussion of our 
application of AFA, see the Preliminary Determination \5\ and section 
``Use of Facts Otherwise Available and Application of Adverse 
Inferences'' in the accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See Preliminary Determination PDM at 7-17.
---------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances, in Part

    In accordance with sections 705(a)(2) and 776(a) and 776(b) of the 
Act and 19 CFR 351.206, Commerce finds that critical circumstances 
exist with respect to imports of ferrosilicon for all other producers 
and exporters not individually examined. In addition, we find that 
critical circumstances do not exist with respect to imports of 
ferrosilicon from Malaysia for OM Materials and Pertama. For a full 
description of the methodology and results of Commerce's critical 
circumstances analysis, see the Issues and Decision Memorandum.

Changes Since the Preliminary Determination

    Based on our analysis of the information received during 
verification, for this final determination, we made certain changes to 
the countervailable subsidy rate calculations for OM Materials, 
Pertama, and for all other producers/exporters. For a discussion of 
these changes, see the Issues and Decision Memorandum.

All-Others Rate

    Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will 
determine an all-others rate equal to the weighted average 
countervailable subsidy rates established for those exporters and/or 
producers individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates based entirely under 
section 776 of the Act. In this investigation, Commerce calculated 
individual estimated countervailable subsidy rates for OM Materials and 
Pertama 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 individual estimated subsidy rates calculated 
for the examined respondents using each company's publicly ranged 
values for the merchandise under consideration.\6\
---------------------------------------------------------------------------

    \6\ With two respondents under examination, Commerce normally 
calculates: (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale 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 countervailable 
subsidy rates exist for the period January 1, 2023, through December 
31, 2023:
---------------------------------------------------------------------------

    \7\ Commerce has found the following companies to be cross-owned 
with OM Materials: OM Materials & Logistics (M) Sdn. Bhd; OM 
Materials (Samalaju) Sdn. Bhd; and OM Engineering Tech (M) Sdn. Bhd.

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                          Company                            (percent ad
                                                               valorem)
------------------------------------------------------------------------
OM Materials (Sarawak) Sdn. Bhd \7\........................         2.78
Pertama Ferroalloys Sdn. Bhd...............................         3.48
All Others.................................................         3.08
------------------------------------------------------------------------

Disclosure

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

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to collect cash deposits and suspend 
liquidation of entries of subject merchandise, as described in the 
scope of the investigation section, that were entered, or withdrawn 
from warehouse, for consumption on or after September 10, 2024, the 
date of publication of the Preliminary Determination in the Federal 
Register for entries produced and/or exported by OM Materials. Because 
we preliminarily determined that critical circumstances existed with 
respect to Pertama, we instructed CBP to suspend liquidation of entries 
of subject merchandise from Malaysia that were entered, or withdrawn 
from warehouse, for consumption, on or after June 12, 2024, which is 90 
days prior to the date of the publication of the Preliminary 
Determination in the Federal Register. In accordance with section 
703(d) of the Act, we instructed CBP to discontinue the suspension of 
liquidation of all entries of subject merchandise entered or withdrawn 
from warehouse, on or after, January 8, 2025, but to continue the 
suspension of liquidation of all entries of subject merchandise that 
were subject to suspension of liquidation between June 12, 2024, and 
January 7, 2024.
    Because we now find that critical circumstances do not exist for 
Pertama, we will direct CBP to terminate the retroactive suspension of 
liquidation ordered at the Preliminary Determination and release any 
cash deposits that were required prior to September 10, 2024, the date 
of publication of the Preliminary Determination in the Federal 
Register,

[[Page 14077]]

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.
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    \8\ See Preliminary Determination, 89 FR 73364.
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    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.

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 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). 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
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