Ferrosilicon From the Russian Federation: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances

SUPPLEMENTARY INFORMATION:

Background

On June 28, 2024, Commerce published its Preliminary Determination in the Federal Register and invited interested parties to comment. Subsequently, on August 28, 2024, Commerce published its Preliminary Critical Circumstances Determination in the Federal Register and invited interested parties to comment. On July 22, 2024, Commerce tolled certain deadlines in these administrative proceedings by seven days. The deadline for the final determination is now September 11, 2024. For a complete discussion of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.

The Issues and Decision Memorandum is a public document and is made available to the public 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 Russia. For a complete description of the scope of this investigation, see Appendix I.

Scope Comments

On August 28, 2024, CC Metals and Alloys, LLC and Ferroglobe USA, INC. (collectively, the petitioners) filed a clarification of the scope language in which the petitioner noted that there was a word missing in the scope language ( i.e., in the Petition and the Initiation Notice, the first paragraph of the scope stated: “10 percent or less any other element” and should read “10 percent or less of any other element”). We have corrected this omission. For a full description of the scope of this investigation, see Appendix I.

Analysis of Subsidy Programs and Comments Received

The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by the parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II.

Methodology

Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (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. For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.

In making this final determination, Commerce relied on total facts otherwise available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of adverse facts available (AFA), see the Preliminary Determination and the Issues and Decision Memorandum at the section entitled “Use of Facts Otherwise Available and Application of Adverse Inferences.”

Changes Since the Preliminary Determination

Based on our review and analysis of the comments received from interested parties, we did not make changes to the subsidy rate determinations for RFA.

Final Affirmative Determination of Critical Circumstances

In the Preliminary Critical Circumstances Determination, Commerce preliminary determined, in accordance with section 703(e) of the Act, and 19 CFR 351.206, that critical circumstances exist with respect to imports of subject merchandise for Russian Ferro Alloys Inc./RFA International LP (RFA), the mandatory respondent in this investigation, and all other producers and/or exporters. For this final determination, in accordance with section 705(a)(2) of the Act as well as our analysis of comments received regarding our affirmative preliminary determination of critical circumstances, Commerce continues to find that critical circumstances exist with respect to imports of subject merchandise for RFA and all other producers and/or exporters.

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 exporters and/or producers individually investigated, excluding any zero or de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. However, as discussed in the Preliminary Determination, Commerce based the selection of the all-others rate on the countervailable subsidy rate established for the mandatory respondent, in accordance with section 705(c)(5)(A)(ii) of the Act. As a result, because the only subsidy rate available, is the rate determined for RFA, the rate calculated for RFA is also assigned as the rate for all other producers and exporters. We made no changes to the selection of the all-others rate for this final determination.

Final Determination

Commerce determines that the following estimated countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023: