[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76454-76456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21181]


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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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    \1\ See Ferrosilicon from the Russian Federation: Preliminary 
Affirmative Countervailing Duty Determination, 89 FR 53949 (June 28, 
2024) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See also Ferrosilicon from the Russian Federation: 
Preliminary Affirmative Critical Circumstances Determinations, 89 FR 
68860 (August 28, 2024) (Preliminary Critical Circumstances 
Determination).
    \3\ See Memorandum, ``Tolling of Deadlines in Antidumping and 
Countervailing Duty Proceeding,'' dated July 22, 2024.
    \4\ See 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).

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[[Page 76455]]

    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.
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    \5\ See 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).
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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.
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    \6\ See 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.
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    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.''
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    \7\ See Preliminary Determination PDM at 4-27.
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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\
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    \8\ See Preliminary Critical Circumstances Determination.
    \9\ See Issues and Decision Memorandum at Comment 3.
    \10\ See Preliminary Critical Circumstances Determination; see 
also Issues and Decision Memorandum.
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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.\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.
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    \11\ See Preliminary Determination, 89 FR 53949.
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Final Determination

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

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Russian Ferro Alloys Inc./RFA International LP..........        * 748.58
All Others..............................................          748.58
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* 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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    \12\ See 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 suspension of liquidation is April 24, 
2024, which is the date of publication of the Initiation Notice.

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[[Page 76456]]

    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