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[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Notices]
[Pages 92092-92095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27283]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-838, C-821-839]

Ferrosilicon From the Russian Federation: Antidumping and 
Countervailing Duty Orders

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing antidumping duty (AD) and 
countervailing duty (CVD) orders on ferrosilicon from the Russian 
Federation (Russia).

DATES: Applicable November 21, 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

    In accordance with sections 705(d), 735(d), and 777(i) of the 
Tariff Act of 1930, as amended (the Act), on September 18, 2024, 
Commerce published its affirmative final determination of sales at less 
than fair value and its final affirmative determination that 
countervailable subsidies are being provided to producers and exporters 
of ferrosilicon from Russia.\1\ As part of these determinations, 
Commerce made affirmative critical circumstances findings for the 
Russia-wide entity in the AD investigation and for Russian Ferro Alloys 
Inc./RFA International LP and all other producers and/or exporters in 
the CVD investigation.
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    \1\ See Ferrosilicon from the Russian Federation: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances, 89 FR 76450 
(September 18, 2024); see also Ferrosilicon from the Russian 
Federation: Final Affirmative Countervailing Duty Determination and 
Final Affirmative Determination of Critical Circumstances, 89 FR 
76454 (September 18, 2024).
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    On November 4, 2024, the ITC notified Commerce of its affirmative 
final determination that an industry in the United States is materially 
injured within the meaning of sections 705(b)(1)(A)(i) and 
735(b)(1)(A)(i) of the Act, by reason of imports of ferrosilicon that 
are subsidized by the government of Russia and sold in the United 
States at less than fair value.\2\ On November 8, 2024, in accordance 
with section 735(d) of the Act, the ITC published in the Federal 
Register its affirmative final injury determination in these 
investigations in which it found that an industry in the United States 
is materially injured by reason of imports of ferrosilicon from 
Russia.\3\ In addition, the ITC found that critical circumstances do 
not exist with regard to imports from Russia.\4\
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    \2\ See ITC Letter, ``Notification of ITC Final Determination,'' 
dated November 4, 2024.
    \3\ See Ferrosilicon from Russia, 89 FR 88814 (November 8, 2024) 
(ITC Final Determination).
    \4\ Id.
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Scope of the Orders

    The product covered by these orders is ferrosilicon from Russia. 
For a complete description of the scope of the orders, see the appendix 
to this notice.

Antidumping Duty Order

    On November 4, 2024, in accordance with section 735(d) of the Act, 
the ITC notified Commerce of its final determination that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of imports of ferrosilicon 
that are sold in the United States at less than fair value. Therefore, 
in accordance with sections 735(c)(2) and 736 of the Act, Commerce is 
issuing this AD order. Because the ITC determined that imports of 
ferrosilicon from Russia are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from Russia, entered or 
withdrawn from

[[Page 92093]]

warehouse for consumption, are subject to the assessment of antidumping 
duties.
    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of ferrosilicon from Russia. Antidumping duties will 
be assessed on unliquidated entries of ferrosilicon from Russia 
entered, or withdrawn from warehouse, for consumption on or after June 
28, 2024, the date of publication of the AD Preliminary Determination 
but will not include entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
injury determination, as further described below.\5\
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    \5\ See Ferrosilicon from the Russian Federation: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 89 FR 
53953 (June 28, 2024) (AD Preliminary Determination).
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Critical Circumstances

    With respect to the ITC's negative critical circumstances 
determination on imports of ferrosilicon from Russia, we will instruct 
CBP to lift the suspension of liquidation and to refund all cash 
deposits for estimated antidumping duties with respect to entries of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after March 30, 2024 (i.e., 90 days prior to the date 
of the publication of the AD Preliminary Determination), but before 
June 28, 2024, the date of publication of the AD Preliminary 
Determination.

Suspension of Liquidation and Cash Deposits--AD

    Commerce intends to instruct CBP to reinstitute the suspension of 
liquidation of ferrosilicon from Russia, effective on the date of 
publication of the ITC Final Determination in the Federal Register, and 
to assess, upon further instruction by Commerce, antidumping duties on 
each entry of subject merchandise based on the estimated weighted-
average dumping margins indicated in the table below. These 
instructions suspending liquidation will remain in effect until further 
notice. Commerce also intends to instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated in 
the table below. Accordingly, effective on the date of publication in 
the Federal Register of the notice of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated customs duties on this subject 
merchandise, a cash deposit equal to the rates listed in the table 
below.

Estimated Weighted-Average AD Margins

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                             average
                  Exporter or producer                   dumping  margin
                                                            (percent)
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Russia-Wide Entity.....................................          283.27
------------------------------------------------------------------------

Provisional Measures--AD

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
Commerce published the AD Preliminary Determination on June 28, 2024.
    The provisional measures period, beginning on the date of 
publication of the AD Preliminary Determination, ended on October 25, 
2024. Therefore, in accordance with section 733(d) of the Act, Commerce 
intends to instruct CBP to terminate the suspension of liquidation and 
to liquidate, without regard to antidumping duties, unliquidated 
entries of ferrosilicon from Russia entered, or withdrawn from 
warehouse, for consumption on or after October 26, 2024, the first day 
provisional measures were no longer in effect, until and through the 
day preceding the date of publication of the ITC Final Determination. 
Suspension of liquidation and the collection of cash deposits will 
resume on the date of publication of the ITC Final Determination in the 
Federal Register.

Countervailing Duty Order

    As stated above, based on the above-referenced affirmative final 
determination by the ITC that an industry in the United States is 
materially injured within the meaning of section 705(b)(1)(A)(i) of the 
Act by reason of subsidized imports of ferrosilicon from Russia, in 
accordance with section 705(c)(2) of the Act, Commerce is issuing this 
CVD order. Because the ITC determined that imports of ferrosilicon from 
Russia are materially injuring a U.S. industry, unliquidated entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption, are subject to the assessment of countervailing duties.
    Therefore, in accordance with section 706(a) of the Act, Commerce 
will direct CBP to assess, upon further instruction by Commerce, 
countervailing duties on all relevant entries of ferrosilicon from 
Russia, which are entered, or withdrawn from warehouse, for consumption 
on or after June 28, 2024, the date of publication of the CVD 
Preliminary Determination, but will not include entries occurring after 
the expiration of the provisional measures period and before the 
publication of the ITC's final injury determination under section 
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\6\
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    \6\ See Ferrosilicon from the Russian Federation: Preliminary 
Affirmative Countervailing Duty Determination, 89 FR 53949 (June 28, 
2024) (CVD Preliminary Determination).
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Critical Circumstances

    With respect to the ITC's negative critical circumstances 
determination on imports of ferrosilicon from Russia, we will instruct 
CBP to lift the suspension of liquidation and to refund all cash 
deposits for estimated antidumping duties with respect to entries of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after March 30, 2024 (i.e., 90 days prior to the date 
of the publication of the CVD Preliminary Determination), but before 
June 28, 2024, the date of publication of the CVD Preliminary 
Determination.

Suspension of Liquidation and Cash Deposits--CVD

    In accordance with section 706 of the Act, Commerce intends to 
instruct CBP to reinstitute the suspension of liquidation of 
ferrosilicon from Russia, effective on the date of publication of the 
ITC's final affirmative injury determination in the Federal Register, 
and to assess, upon further instruction by Commerce, countervailing 
duties on each entry of subject merchandise in an amount based on the 
net countervailable subsidy rates below. These instructions suspending 
liquidation will remain in effect until further notice.
    Commerce also intends, pursuant to section 706(a)(1) of the Act, to 
instruct CBP to require cash deposits equal to the amounts as indicated 
below. Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination in the Federal Register, CBP 
will require, at the same time as importers would normally deposit 
estimated customs duties on the subject merchandise, a cash deposit for

[[Page 92094]]

each entry of subject merchandise equal to the subsidy rates listed 
below.\7\ The all-others rate applies to all producers or exporters not 
specifically listed below, as appropriate.
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    \7\ See section 706(a)(3) of the Act.
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Estimated CVD Subsidy Rates

    The estimated CVD subsidy rates as published in Commerce's CVD 
Final Determination are as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Russian Ferro Alloys Inc./RFA International LP..........          748.58
All Others..............................................          748.58
------------------------------------------------------------------------

Provisional Measures--CVD

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. Commerce published the CVD 
Preliminary Determination on June 28, 2024.\8\ As such, the four-month 
period beginning on the date of publication of the CVD Preliminary 
Determination ended on October 25, 2024.
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    \8\ See CVD Preliminary Determination.
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    In accordance with section 703(d) of the Act, Commerce intends to 
instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to CVDs, unliquidated entries of ferrosilicon 
from Russia entered, or withdrawn from warehouse, for consumption, on 
or after October 26, 2024, the first day provisional measures were no 
longer in effect, until and through the day preceding the date of 
publication of the ITC Final Determination. Suspension of liquidation 
and the collection of cash deposits will resume on the date of 
publication of the ITC Final Determination in the Federal Register.

Establishment of the Annual Inquiry Service List

    On September 20, 2021, Commerce published the Final Rule in the 
Federal Register.\9\ On September 27, 2021, Commerce also published the 
Procedural Guidance in the Federal Register.\10\ The Final Rule and 
Procedural Guidance provide that Commerce will maintain an annual 
inquiry service list for each order or suspended investigation, and any 
interested party submitting a scope ruling application or request for 
circumvention inquiry shall serve a copy of the application or request 
on the persons on the annual inquiry service list for that order, as 
well as any companion order covering the same merchandise from the same 
country of origin.
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    \9\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \10\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
order. Each annual inquiry service list will be saved in ACCESS, under 
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \11\
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    \11\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published. Commerce may update an annual inquiry service list at any 
time as needed based on interested parties' amendments to their entries 
of appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \12\ Accordingly, as stated 
above, the petitioners and Government of Russia should submit their 
initial entries of appearance after publication of this notice in order 
to appear in the first annual inquiry service list for those orders for 
which they qualify as an interested party. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and the Government of Russia will not 
need to resubmit their entries of appearance each year to continue to 
be included on the annual inquiry service list. However, the 
petitioners and the Government of Russia are responsible for making 
amendments to their entries of appearance during the annual update to 
the annual inquiry service list in accordance with the procedures 
described above.
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    \12\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the AD and CVD orders with respect to 
ferrosilicon from Russia, pursuant to sections 736(a) and 706(a) of the 
Act. Interested parties can find a list of AD and CVD orders currently 
in effect at https://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with sections 736(a) and 
706(a) of the Act, and 19 CFR 351.211(b).

    Dated: November 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The scope of the order 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

[[Page 92095]]

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.

[FR Doc. 2024-27283 Filed 11-20-24; 8:45 am]
BILLING CODE 3510-DS-P
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