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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that ferrosilicon from the Russian Federation (Russia) is being, or is likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) July 1, 2023, through December 31, 2023.
DATES:
Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Jacob Saude, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0981.
SUPPLEMENTARY INFORMATION:
Background
On June 28, 2024, Commerce published the Preliminary Determination in this LTFV investigation in the Federal Register . 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. We only received comment on the Preliminary Determination from CC Metals and Alloys, LLC and Ferroglobe USA, Inc. (collectively, the petitioners), in which the petitioners argued that lack of participation in this investigation should lead Commerce to reach the same conclusion for the final determination as it did in the Preliminary Determination. Subsequently, on August 28, 2024, Commerce published its Preliminary Critical Circumstances Determination in the Federal Register and invited interested parties to comment. No interested party submitted comments on the Preliminary Critical Circumstances Determination. Accordingly, we did not make any changes to our Preliminary Determination and there is no decision memorandum accompanying this Federal Register notice.
See Ferrosilicon from the Russian Federation: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 89 FR 53953 (June 28, 2024) ( Preliminary Determination).
See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.
See Petitioners' Letter, “Petitioners' Comments in Lieu of Case Brief,” dated July 29, 2024; see also Preliminary Determination and Preliminary Decision Memorandum.
See Ferrosilicon from the Russian Federation: Preliminary Affirmative Critical Circumstances Determinations, 89 FR 68860 (August 28, 2024) ( Preliminary Critical Circumstances Determination).
Scope of the Investigation
The product covered by this investigation is ferrosilicon from Russia. For a full description of the scope of this investigation, see the appendix to this notice.
Scope Comments
On August 28, 2024, CC Metals and Alloys, LLC and Ferroglobe USA, INC. (collectively, the petitioners) filed a clarification of the scope language in which the petitioner noted that there was a word missing in the scope language ( i.e., in the Petition and the Initiation Notice, the first paragraph of the scope stated: “10 percent or less any other element” and should read “10 percent or less of any other element”).
See Petitioners' Letter, “Clarification of Scope Language,” dated August 28, 2024; see also Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the Russian Federation: Initiation of Less-Than-Fair-Value Investigations, 89 FR 31137 (April 24, 2024) ( Initiation Notice).
Use of Adverse Facts Available (AFA)
Pursuant to section 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we have continued to base the dumping margin for the Russia-wide entity, upon facts otherwise available, with adverse inferences, because Russian producers/exporters of subject merchandise during the POI, now part of the Russia-wide entity, failed to respond to Commerce's requests for information.
See Preliminary Determination.
Final Affirmative Determination of Critical Circumstances
In the Preliminary Critical Circumstances Determination, Commerce preliminary determined, in accordance with sections 733(e) of the Act and 19 CFR 351.206, that critical circumstances exist with respect to all imports of subject merchandise from Russia produced or exported by the Russia-wide entity. For this final determination, in accordance with section 735(a)(3) of the Act, Commerce continues to find that critical circumstances exist with respect to all imports of subject merchandise from Russia produced or exported by the Russia-wide entity.
See Preliminary Critical Circumstances Determination.
Combination Rates
In the Preliminary Determination, we stated that because no respondent applied for a separate rate, we did not calculate producer/exporter combination rates in accordance with our practice. This remains unchanged for the final determination.
See Preliminary Determination, 89 FR at 53953; see also Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, “Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,” (April 5, 2005) (Policy Bulletin 05.1), available on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
Final Determination
Commerce determines that the following estimated weighted-average dumping margins exist:
| Exporter | Estimated weighted- average dumping margin (percent) | Cash deposit rate adjusted for subsidy offset (percent) |
|---|---|---|
| Russia-Wide Entity | * 283.27 | 283.27 |
| * Rate based on AFA. |