[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Notices]
[Pages 88004-88007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25794]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-860]


Ferrosilicon From Brazil: Preliminary Affirmative Determination 
of Sales at Less Than Fair Value, Postponement of Final Determination, 
and Extension of Provisional Measures

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that ferrosilicon from Brazil is being, or is likely to be, 
sold in the United States at less than fair value (LTFV). The period of 
investigation (POI) is January 1, 2023, through December 31, 2023. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable November 6, 2024.

FOR FURTHER INFORMATION CONTACT: Jaron Moore or Noah Wetzel, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202) 
482-7466, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on April 24, 
2024.\1\ On July 23, 2024, Commerce tolled certain deadlines in this 
investigation by seven days.\2\ On August 16, 2024, Commerce postponed 
the preliminary determination of this investigation until October 31, 
2024.\3\
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    \1\ See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the 
Russian Federation: Initiation of Less-Than-Fair-Value 
Investigations, 89 FR 31137 (April 24, 2024) (Initiation Notice).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 23, 2024.
    \3\ See Ferrosilicon from Brazil, Kazakhstan, and Malaysia: 
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 89 FR 66678 (August 16, 2024).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision

[[Page 88005]]

Memorandum is included as appendix II to this notice. The Preliminary 
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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Ferrosilicon from Brazil,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

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

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ As noted in the 
Preliminary Decision Memorandum, Commerce is correcting a minor 
clerical error in the language of the scope.\7\ See the revised scope 
in appendix I to this notice.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice, 89 FR 31137.
    \7\ See Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. Pursuant to sections 776(a) 
and (b) of the Act, Commerce has preliminarily relied upon facts 
otherwise available, with adverse inferences, for Ligas de Aluminio 
S.A. (LIASA). For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in 
the preliminary determination, Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce preliminarily calculated a de 
minimis rate for Minasligas S.A. (Minasligas) and calculated a rate 
based entirely under section 776 of the Act for LIASA. Therefore, the 
only rate that is not zero, de minimis, or based entirely on facts 
otherwise available is the rate calculated for Companhia de Ferro Ligas 
da Bahia S.A. (Ferbasa). Consequently, the preliminary rate calculated 
for Ferbasa is also the preliminary rate assigned to all other 
producers and exporters.

Preliminary Determination

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

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                                                                                    Cash deposit rate (adjusted
                 Exporter/producer                    Estimated weighted-average       for subsidy offset(s))
                                                       dumping margin (percent)              (percent)
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Minasligas S.A....................................                         * 1.18                       \8\ 1.06
Companhia de Ferro Ligas da Bahia S.A.............                          13.13                      \9\ 13.03
Ligas de Aluminio S.A.............................                       ** 21.78                      \10\ 0.00
All Others........................................                          13.13                          13.03
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* de minimis.
** Rate based on facts available with adverse inferences.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) the cash deposit rate for the respondents listed above (except for 
Minasligas) will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination; 
(2) if the exporter is not a respondent identified above, but the 
producer is, then the cash deposit rate will be equal to 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 will be equal to the all-others 
estimated weighted-average dumping margin.
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    \8\ See Memorandum, ``Preliminary Determination Margin 
Calculation for Minasligas S.A.,'' dated October 31, 2024.
    \9\ See Memorandum, ``Preliminary Results Margin Calculation for 
Ferbasa,'' dated October 31, 2024.
    \10\ See Memorandum, ``Preliminary Calculation of Export Subsidy 
Offset for LIASA,'' dated October 31, 2024.
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    Because the estimated weighted-average dumping margin for 
Minasligas is de minimis, entries of shipments of subject merchandise 
from Minasligas will not be subject to suspension of liquidation or 
cash deposit requirements during the provisional measures period. In 
such situations, Commerce applies the exclusion to the provisional 
measures to the producer/exporter combination that was examined in the 
investigation. Accordingly, Commerce is directing CBP not to suspend 
liquidation of entries of subject merchandise produced and exported by 
Minasligas. Entries of shipments of subject merchandise from these 
companies in any other producer/exporter combination, or by third 
parties that sourced subject merchandise from the excluded producer/
exporter combination, are subject to the provisional measures at the 
all-others rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the Minasligas, entries of shipments of subject 
merchandise from Minasligas will be excluded from the potential 
antidumping duty (AD) order. Such exclusion is not applicable to 
merchandise exported to the United States by this respondent in any 
other producer/exporter combinations or by third parties that sourced 
subject merchandise from the excluded producer/exporter combination.

[[Page 88006]]

    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where Commerce preliminarily made an 
affirmative determination for countervailable export subsidies, 
Commerce has offset the estimated weighted-average dumping margin by 
the appropriate CVD rate. Any such adjusted cash deposit rate may be 
found in the ``Preliminary Determination'' section above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting estimated 
AD cash deposits unadjusted for countervailed export subsidies at the 
time that the provisional CVD measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with 
issues raised in the case briefs or other written comments.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed not later than five days after the date for 
filing case briefs.\11\ Interested parties who submit case or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\12\
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    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \12\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\13\ 
Further, we request that interested parties limit their executive 
summary of each issue to no more than 450 words, not including 
citations. We intend to use the executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this investigation. We 
request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants and whether any participant is a foreign national, and a 
list of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On October 16 and 23, 2024, pursuant to 19 CFR 351.210(e), 
Minasligas, Ferbasa, and the petitioner requested that Commerce 
postpone the final determination and that provisional measures be 
extended to a period not to exceed six months, respectively.\15\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) the preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \15\ See Minasligas' Letter, ``Request for Postponement of Final 
Determination and Extension of Provisional Measures,'' dated October 
16, 2024; see also Ferbasa's Letter, ``Request for Extension of 
Final Determination,'' dated October 23, 2024; and Petitioner's 
Letter, ``Petitioner's Request to Postpone the Final Antidumping 
Duty Determinations,'' dated October 23, 2024.
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections

[[Page 88007]]

733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: October 31, 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Methodology
VI. Currency Conversion
VII. Adjustments to Cash Deposit Rates for Export Subsidies in the 
Companion Countervailing Duty Investigation
VIII. Recommendation

[FR Doc. 2024-25794 Filed 11-5-24; 8:45 am]
BILLING CODE 3510-DS-P