[Federal Register Volume 90, Number 96 (Tuesday, May 20, 2025)]
[Notices]
[Pages 21456-21459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08986]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-860, A-834-812, A-557-828]
Ferrosilicon From Malaysia: Amended Final Determination of Sales
at Less Than Fair Value; Ferrosilicon From Brazil, Kazakhstan, and
Malaysia: Antidumping 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) orders on
ferrosilicon from Brazil, Kazakhstan, and Malaysia. In addition,
Commerce is amending its final determination of sales at less than fair
value (LTFV) with respect to ferrosilicon from Malaysia to correct
ministerial errors.
DATES: Applicable May 20, 2025.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or Noah Wetzel (Brazil),
Mira Warrier (Kazakhstan), and Jacob Waddell or Carolyn Adie
(Malaysia), AD/CVD Operations, Offices VIII, II, and VI, respectively,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-3640, (202) 482-7466, (202) 482-8031, (202)
482-1369, or (202) 482-6250, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 735(d) of the Tariff Act of 1930, as
amended (the Act), on March 28, 2025, Commerce published its
affirmative final determinations of sales at LTFV of ferrosilicon from
Brazil, Kazakhstan, and Malaysia.\1\ In the LTFV investigation of
ferrosilicon from Malaysia, the petitioners and a respondent timely
alleged that Commerce made certain ministerial errors. See ``Amendment
to the Malaysia Final Determination of Sales at Less than Fair Value''
section below for further discussion.
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\1\ See Ferrosilicon from Brazil: Final Affirmative
Determination of Sales at Less Than Fair Value, 90 FR 14112 (March
28, 2025); see also Ferrosilicon from Kazakhstan: Final Affirmative
Determination of Sales at Less-Than-Fair-Value and Final Negative
Determination of Critical Circumstances, 90 FR 14077 (March 28,
2025); and Ferrosilicon from Malaysia: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 90 FR 14105 (March 28,
2025) (Malaysia Final LTFV Determination).
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On May 12, 2025, pursuant to section 735(d) of the Act, the ITC
notified Commerce of its final affirmative determinations that an
industry in the United States is materially injured by reason of dumped
imports of ferrosilicon from Brazil, Kazakhstan, and Malaysia, within
the meaning of section 735(b)(1)(A)(i) of the Act.\2\
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\2\ See ITC's Letter, ``Notice of Final Determinations
(Investigation Nos. 701-TA-712-714 and 731-TA-1679-1681),'' dated
May 12, 2025 (ITC Notification Letter).
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Scope of the Orders
The product covered by these orders is ferrosilicon from Brazil,
Kazakhstan, and Malaysia. For a complete description of the scope of
the orders, see the appendix to this notice.
Amendment to the Final Determination of Sales at LTFV for Malaysia
We determine that we made certain ministerial errors in the sales
at LTFV final determination of ferrosilicon from Malaysia. Pursuant to
19 CFR 351.224(e), and as explained further in the Malaysia Ministerial
Error Memorandum, Commerce is amending the Malaysia Final LTFV
Determination to reflect the correction of certain ministerial
errors.\3\ Correction of these errors changes the final AD cash deposit
rate for OM Materials (Sarawak) Sdn. Bhd. and Pertama Ferroalloys Sdn.
Bhd, as well as the cash deposit rate for all other producers and
exporters not individually investigated. The revised rates are listed
in the ``Estimated Weighted-Average Dumping Margins'' section, below.
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\3\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Ferrosilicon from Malaysia: Analysis of Ministerial Error
Allegations,'' dated April 22, 2025 (Malaysia Ministerial Error
Memorandum).
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AD Orders
On May 12, 2025, 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 from
Brazil, Kazakhstan, and Malaysia that are sold in the United States at
less than fair value.\4\ Therefore, in accordance with sections
735(c)(2) and 736 of the Act, Commerce is issuing these AD orders.
Because the ITC determined that imports of ferrosilicon from Brazil,
Kazakhstan, and Malaysia are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Brazil, Kazakhstan, and
Malaysia, entered or withdrawn from warehouse for consumption, are
subject to the assessment of antidumping duties.
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\4\ See ITC Notification Letter.
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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 on all
relevant entries of ferrosilicon from
[[Page 21457]]
Brazil, Kazakhstan, and Malaysia. Antidumping duties will be assessed
on unliquidated entries of ferrosilicon from Brazil, Kazakhstan, and
Malaysia entered, or withdrawn from warehouse, for consumption on or
after November 6, 2024, the date of publication of the Preliminary
Determinations,\5\ 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.
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\5\ See Ferrosilicon from Brazil: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 89 FR
88004 (November 6, 2024); see also Ferrosilicon from Kazakhstan:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Preliminary Negative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 88007 (November 6, 2024) (Kazakhstan Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM); and Ferrosilicon from Malaysia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures, 89 FR 88010
(November 6, 2024) (collectively, Preliminary Determinations).
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, Commerce intends to instruct CBP to continue to suspend
liquidation on all relevant entries of ferrosilicon from Brazil,
Kazakhstan, and Malaysia, in accordance with section 736 of the Act.
These instructions suspending liquidation will remain in effect until
further notice.
Because the estimated weighted-average dumping margin for
Minasligas S.A. is de minimis, entries of shipments of subject
merchandise that are produced and exported by Minasligas S.A. will not
be subject to suspension of liquidation or cash deposit requirements.
In such situations, Commerce also applies the exclusion from the
provisional measures to the producer/exporter combination that was
examined in the investigation. Accordingly, Commerce will not direct
CBP to suspend liquidation of entries of subject merchandise produced
and exported by Minasligas S.A. However, entries of subject merchandise
from this company in any other producer/exporter combination (i.e.,
where Minasligas S.A. is either the producer or the exporter, but not
both), or by third parties that sourced subject merchandise from the
excluded producer/exporter combination, will be subject to suspension
of liquidation at the all-others rate.
Further, because the estimated weighted-average dumping margin is
de minimis for subject merchandise produced and exported by Minasligas
S.A., entries of such merchandise are excluded from the AD order. This
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.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below, adjusted by the relevant subsidy offsets.
Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP must require, at the same time as importers would
normally deposit estimated customs duties on subject merchandise, a
cash deposit equal to the rates listed in the tables below.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Brazil
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Estimated Cash deposit rate
weighted-average (adjusted for
Exporter/producer dumping margin subsidy offset(s))
(percent) (percent)
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Companhia de Ferro Ligas da 13.66............. 13.57.
Bahia S.A.
Ligas de Aluminio S.A........... 21.78 *........... 0.00.
Minasligas S.A.................. 0.78 (de minimis). Not Applicable.
All Others...................... 13.66............. 13.57.
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* Rate based on facts available with adverse inferences.
Kazakhstan
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Estimated
weighted-average
Exporter/producer dumping margin
(percent)
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YDD Corporation LLP; Asia FerroAlloys LLP; KazSilicon 6.01
Metallurgical Combine LLP \6\.......................
TNC Kazchrome JSC.................................... 6.20
All Others........................................... 6.05
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Malaysia
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Cash deposit rate
Estimated (adjusted for
Exporter/producer weighted-average subsidy
dumping margin offset(s))
(percent) (percent)
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OM Materials (Sarawak) Sdn. Bhd... 5.10 4.66
Pertama Ferroalloys Sdn. Bhd...... 42.88 42.60
All Others........................ 21.76 21.37
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[[Page 21458]]
Provisional Measures
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\6\ Commerce has found that YDD Corporation LLP, Asia
FerroAlloys LLP, and KazSilicon Metallurgical Combine LLP comprise a
single entity. See Kazakhstan Preliminary Determination PDM.
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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.
At the request of exporters that accounted for a significant proportion
of exports of ferrosilicon from Brazil, Kazakhstan, and Malaysia,
Commerce extended the four-month period to no more than six-months.\7\
In the underlying investigations, Commerce published the Preliminary
Determinations on November 6, 2024. Therefore, the six-month period
beginning on the date of the publication of the Preliminary
Determinations ended on May 4, 2025. Pursuant to section 737(b) of the
Act, the collection of cash deposits at the rates listed above will
begin on the date of publication of the ITC's final injury
determinations. Therefore, in accordance with section 736(a)(1) of the
Act and our practice, Commerce will instruct CBP to terminate the
suspension of liquidation and to liquidate, without regard to
antidumping duties, unliquidated entries of ferrosilicon from Brazil,
Kazakhstan, and Malaysia entered, or withdrawn from warehouse, for
consumption on or after May 5, 2025, the first day provisional measures
were no longer in effect, until and through the day preceding the date
of publication of the ITC's final injury determination in the Federal
Register. Suspension of liquidation and the collection of cash deposits
will resume on the date of publication of the ITC's final
determinations in the Federal Register.
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\7\ See Preliminary Determinations.
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Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\8\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\9\ 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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\8\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\9\ 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
notice 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.'' \10\
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\10\ 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,\11\ 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.
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\11\ See Procedural Guidance, 86 FR at 53206.
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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 the Governments of Brazil, Kazakhstan, and
Malaysia should submit their initial entry 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 Governments of Brazil, Kazakhstan, and Malaysia 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 Governments of Brazil, Kazakhstan, and Malaysia 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 orders with respect to ferrosilicon
from Brazil, Kazakhstan, and Malaysia pursuant to section 736(a) of the
Act. Interested parties can find a list of AD orders currently in
effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
These AD orders are published in accordance with section 736(a) of
the Act and 19 CFR 351.211(b).
Dated: May 14, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
The scope of these orders 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.
[[Page 21459]]
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 orders 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. 2025-08986 Filed 5-19-25; 8:45 am]
BILLING CODE 3510-DS-P