76454 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices 

1See Ferrosilicon from the Russian Federation: 

Preliminary Affirmative Countervailing Duty 

Determination, 89 FR 53949 (June 28, 2024) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum (PDM). 

2See also Ferrosilicon from the Russian 

Federation: Preliminary Affirmative Critical 

Circumstances Determinations, 89 FR 68860 

(August 28, 2024) (Preliminary Critical 

Circumstances Determination). 

3See Memorandum, ‘‘Tolling of Deadlines in 

Antidumping and Countervailing Duty 

Proceeding,’’ dated July 22, 2024. 

4See Memorandum, ‘‘Decision Memorandum for 

the Final Affirmative Determination in the 

Countervailing Duty Investigation of Ferrosilicon 

from the Russian Federation,’’ dated concurrently 

with, and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

Notification to Importers Regarding the 

Reimbursement of Duties 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping and/or countervailing 

duties prior to liquidation of the 

relevant entries during this POR. Failure 

to comply with this requirement could 

result in Commerce’s presumption that 

reimbursement of antidumping and/or 

countervailing duties has occurred and 

the subsequent assessment of double 

antidumping duties, and/or increase in 

the amount of antidumping duties by 

the amount of the countervailing duties. 

Administrative Protective Order (APO) 

This notice also serves as a reminder 

to parties subject to an APO of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. 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 terms of an APO is a 

violation which is subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing these 

final results of administrative review 

and notice in accordance with sections 

751(a)(1) and 777(i) of the Act and 19 

CFR 351.221(b)(5) and 19 CFR 

351.213(h)(2). 

Dated: September 11, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

General 

Comment 1: Whether to Apply Adverse 

Facts Available to Yinfeng/Mangrove 

and Jinquan/Baiyuan 

Comment 2: Labor Surrogate Value 

Selection 

Comment 3: Selection of Surrogate 

Producers 

Comment 4: Market Economy Purchases 

Jinquan/Baiyuan 

Comment 5: Jinquan/Baiyuan’s Electricity 

Offset 

Comment 6: Freight Revenue Cap 

Comment 7: Exclusion of Certain U.S. 

Sales With Entry Dates After the POR 

Comment 8: Valuation of Wood Powder 

Comment 9: Valuation of Radiata Pine Log 

Separate Rate Companies 

Comment 10: Liquidation Instructions for 

CTIL 

Appendix II 

Non-Selected Companies Under Review 

Receiving a Separate Rate 

1. Anji Huaxin Bamboo & Wood Products 

Co., Ltd. 

2. Composite Technology International, 

Limited 

3. Fujian Hongjia Craft Products Co., Ltd. 

4. Fujian Sanming City Donglai Wood Co., 

Ltd. 

5. Fujian Wangbin Decorative Material Co., 

Ltd. 

6. Fujian Youxi Best Arts & Crafts Co. Ltd. 

7. Huaan Longda Wood Industry Co., Ltd. 

8. Jiangsu Wenfeng Wood Co., Ltd. 

9. Longquan Jiefeng Trade Co., Ltd. 

10. Nanping Huatai Wood & Bamboo Co., 

Ltd. 

11. Nicer Window Fashions Co., Ltd. 

12. Putian Yihong Wood Industry Co., Ltd. 

13. Qimen Jianxing Bamboo and Wood Goods 

Co., Ltd. 

14. Rui Xing Wooden Products Co., Ltd. 

15. Shandong Miting Household Co., Ltd. 

16. Shaxian Hengtong Wood Industry Co., 

Ltd. 

17. Shaxian Shiyiwood, Ltd. 

18. Shuyang Kevin International Co., Ltd. 

19. Sun Valley Shade Co., Ltd. 

20. Suqian Sulu Import & Export Trading Co., 

Ltd. 

21. Zhangzhou Wangjiamei Industry & Trade 

Co., Ltd. 

22. Zhangzhou Yihong Industrial Co., Ltd. 

Appendix III 

Companies for Which the Review Is 

Rescinded 

1. Jiangsu Chen Sheng Forestry Development 

Co., Ltd. 

2. Omni One Co., Ltd. 

3. Raoping HongRong Handicrafts Co., Ltd. 

4. Baixing Import and Export Trading Co., 

Ltd Youxi Fujian 

5. Bel Trade Wood Industrial Co., Ltd. Youxi 

Fujian 

6. Fotiou Frames Limited 

7. Fujian Zhangping Kimura Forestry 

Products Co., Ltd. 

8. Homebuild Industries Co., Ltd. 

9. Jim Fine Wooden Products Co., Ltd. 

10. Shenzhen Xinjintai Industrial Co., Ltd. 

11. Tim Feng Manufacturing Co., Ltd. 

12. Wuxi Boda Bamboo & Wood Industrial 

Co., Ltd. 

[FR Doc. 2024–21225 Filed 9–17–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–821–839] 

Ferrosilicon From the Russian 

Federation: Final Affirmative 

Countervailing Duty Determination and 

Final Affirmative Determination of 

Critical Circumstances 

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 the Russian Federation 

(Russia). The period of investigation 

(POI) is January 1, 2023, through 

December 31, 2023. 

DATES: Applicable September 18, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Mark Hoadley, AD/CVD Operations, 

Office IX, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3148. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 28, 2024, Commerce 

published its Preliminary Determination 

in the Federal Register and invited 

interested parties to comment.1

Subsequently, on August 28, 2024, 

Commerce published its Preliminary 

Critical Circumstances Determination in 

the Federal Register and invited 

interested parties to comment.2 On July 

22, 2024, Commerce tolled certain 

deadlines in these administrative 

proceedings by seven days.3 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.4


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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices 76455 

5See Petitioners’ Letter, ‘‘Clarification of Scope 

Language,’’ dated August 28, 2024; see also 

Ferrosilicon from Brazil, Kazakhstan, Malaysia, and 

the Russian Federation: Initiation of Countervailing 

Duty Investigations, 89 FR 31133 dated April 24, 

2024 (Initiation Notice). 

6See 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(5)(A) of the Act regarding specificity. 

7See Preliminary Determination PDM at 4–27. 

8See Preliminary Critical Circumstances 

Determination. 

9See Issues and Decision Memorandum at 

Comment 3. 

10See Preliminary Critical Circumstances 

Determination; see also Issues and Decision 

Memorandum. 

11See Preliminary Determination, 89 FR 53949. 

12See Preliminary Critical Circumstances 

Determination. We note that the Preliminary 

Critical Circumstances Determination indicated 

March 30, 2024, as the start of the suspension of 

liquidation. However, pursuant to section 703(e)(2) 

of the Act, the correct date for the start of 

Continued 

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’’).5

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.6 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 7 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.8 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,9 Commerce continues to 

find that critical circumstances exist 

with respect to imports of subject 

merchandise for RFA and all other 

producers and/or exporters.10

All-Others Rate 

Pursuant to section 705(c)(5)(A)(i) of 

the Act, Commerce will determine an 

all-others rate equal to the weightedaverage 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 allothers rate on the countervailable 

subsidy rate established for the 

mandatory respondent, in accordance 

with section 705(c)(5)(A)(ii) of the Act.11

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: 

Company 

Subsidy rate 

(percent ad 

valorem) 

Russian Ferro Alloys Inc./ 

RFA International LP ........ * 748.58 

All Others .............................. 748.58 

* Rate based on AFA. 

Disclosure 

Normally, Commerce discloses to 

interested parties the calculations 

performed in connection with a final 

determination within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication of the notice 

of final determination in the Federal 

Register, in accordance with 19 CFR 

351.224(b). However, because there are 

no changes to the calculations from the 

Preliminary Determination, no 

additional disclosure is necessary. 

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 suspend liquidation 

of entries of subject merchandise from 

Russia that were entered, or withdrawn 

from warehouse, for consumption, on or 

after June 28, 2024, the date of 

publication of the Preliminary 

Determination in the Federal Register. 

Because we preliminarily determined 

that critical circumstances existed with 

respect to RFA and all other producers/ 

exporters, we instructed CBP to suspend 

such entries on or after April 24, 2024, 

the date of publication of the initiation 

notice in the Federal Register.12


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76456 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Notices 

suspension of liquidation is April 24, 2024, which 

is the date of publication of the Initiation Notice. 

In accordance with section 703(d) of 

the Act, we will instruct CBP to 

discontinue the suspension of 

liquidation of all entries of subject 

merchandise entered or withdrawn from 

warehouse, on or after October 25, 2024, 

the final day of provisional measures. 

If the U.S. International Trade 

Commission (ITC) issues a final 

affirmative injury determination, we 

will issue a CVD order, reinstate the 

suspension of liquidation under section 

706(a) of the Act, as appropriate, and 

require a cash deposit of estimated 

countervailing duties for entries of 

subject merchandise in the amounts 

indicated above. 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 cancelled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, we will notify the ITC of our 

final affirmative determination that 

countervailable subsidies are being 

provided to producers and exporters of 

ferrosilicon from Russia. 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 Russia no later than 45 

days after our 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 CVD order directing CBP to 

assess, upon further instruction by 

Commerce, CVDs on all imports of the 

subject merchandise that are entered, or 

withdrawn, 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 in accordance with sections 

705(d) and 777(i) of the Act, and 19 CFR 

351.210(c). 

Dated: September 11, 2024. 

Ryan Majerus, 

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. Scope of the Investigation 

IV. Final Critical Circumstances 

Determination 

V. Use of Facts Otherwise Available and 

Application of Adverse Inferences 

VI. Analysis of Programs 

VII. Discussion of the Issues 

Comment 1: Whether Commerce Should 

Apply Total Adverse Facts Available 

(AFA) to the Programs Under 

Investigation 

Comment 2: Whether Commerce Should 

Revise Its Decision Regarding Mandatory 

Respondent Selection 

Comment 3: Whether Commerce Should 

Reverse Its Preliminary Affirmative 

Critical Circumstances Finding 

VIII. Recommendation 

[FR Doc. 2024–21181 Filed 9–17–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE286] 

Mid-Atlantic Fishery Management 

Council (MAFMC); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council’s (Council) 

Summer Flounder, Scup, and Black Sea 

Bass Advisory Panel will hold a public 

meeting, jointly with the Atlantic States 

Marine Fisheries Commission’s Summer 

Flounder, Scup and Black Sea Bass 

Advisory Panel. 

DATES: The meeting will be held on 

Thursday, October 3, 2024, from 3 p.m. 

until 4:30 p.m. For agenda details, see 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: The meeting will be held 

via webinar. Connection information 

will be posted prior to the meeting at 

www.mafmc.org. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N. State 

Street, Suite 201, Dover, DE 19901; 

telephone: (302) 674–2331; 

www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D., Executive 

Director, Mid-Atlantic Fishery 

Management Council, telephone: (302) 

526–5255. 

SUPPLEMENTARY INFORMATION: The 

purpose of this meeting is for the 

Advisory Panel to review and provide 

comments on the draft Summer 

Flounder Commercial Mesh Size 

Exemptions Framework/Addendum. 

The review will cover the alternatives 

under consideration and a preliminary 


khammond on DSKJM1Z7X2PROD with NOTICES