[Federal Register Volume 90, Number 96 (Tuesday, May 20, 2025)]
[Notices]
[Pages 21446-21449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08987]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-861, C-834-813, C-557-829]
Ferrosilicon From Kazakhstan: Amended Final Countervailing Duty
Determination; Ferrosilicon From Brazil, Kazakhstan, and Malaysia:
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 countervailing duty (CVD) orders
on ferrosilicon from Brazil, Kazakhstan, and Malaysia. In addition,
Commerce is amending its final CVD determination with respect to
ferrosilicon from Kazakhstan to correct a ministerial error.
DATES: Applicable May 20, 2025.
FOR FURTHER INFORMATION CONTACT: Laurel Smalley (Brazil), Jose Rivera
(Kazakhstan), and Suresh Maniam (Malaysia), Offices VIII, VII, and I,
respectively, AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3456, (202) 482-0842, and (202) 482-1603, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2025, Commerce published in the Federal Register its
affirmative final determinations in the CVD investigations of
ferrosilicon from Brazil, Kazakhstan, and Malaysia.\1\ In the CVD
investigation of ferrosilicon from Kazakhstan, the petitioner and a
respondent timely alleged that Commerce made certain ministerial
errors. See ``Amendment to the Kazakhstan CVD Final Determination''
section below for further discussion.
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\1\ See Ferrosilicon from Brazil: Final Affirmative
Countervailing Duty Determination and Final Affirmative Critical
Circumstances Determination, in Part, 90 FR 14114 (March 28, 2025);
Ferrosilicon from the Republic of Kazakhstan: Final Affirmative
Countervailing Duty Determination, 90 FR 14108 (March 28, 2025)
(Kazakhstan CVD Final Determination); and Ferrosilicon from
Malaysia: Final Affirmative Countervailing Duty Determination and
Final Affirmative Determination of Critical Circumstances, in Part,
90 FR 14075 (March 28, 2025).
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On May 12, 2025, the ITC notified Commerce of its final
determinations, pursuant to section 705(d) of the Tariff Act of 1930,
as amended (the Act),
[[Page 21447]]
affirming 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 Brazil, Kazakhstan, and
Malaysia.\2\ Further, the ITC determined that critical circumstances do
not exist with respect to imports of ferrosilicon from Brazil and
Malaysia.\3\
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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.
\3\ Id. Critical circumstances were not alleged in the CVD
investigation on ferrosilicon from Kazakhstan.
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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 Kazakhstan CVD Final Determination
We determine that we made a ministerial error in the final CVD
determination on ferrosilicon from Kazakhstan. Pursuant to 19 CFR
351.224(e), and as explained further in the Kazakhstan CVD Ministerial
Eror Memorandum,\4\ Commerce is amending the Kazakhstan CVD Final
Determination to reflect the correction of a ministerial error, which
resulted from not incorporating YDD Corporation LLP's (YDD) reported
minor corrections regarding its total sales figure and Customs Duty
Exemption. Correction of this error changes the final subsidy rate for
YDD and all other producers and exporters not individually
investigated.
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\4\ See Memorandum, ``Countervailing Duty Investigation of
Ferrosilicon from the Republic of Kazakhstan: Analysis of
Ministerial,'' dated April 15, 2025 (Kazakhstan CVD Ministerial Eror
Memorandum).
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CVD Orders
Based on the above-referenced affirmative final determinations by
the ITC that an industry in the United States is materially injured by
reason of subsidized imports of ferrosilicon from Brazil, Kazakhstan,
and Malaysia, in accordance with section 705(c)(2) of the Act, Commerce
is issuing these CVD 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
entered or withdrawn from warehouse for consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section 706(a)(1) of the Act,
Commerce will direct CBP to assess, upon further instruction by
Commerce, countervailing duties on all relevant entries of ferrosilicon
from Brazil, Kazakhstan, and Malaysia, which are entered, or withdrawn
from warehouse, for consumption on or after September 10, 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 affirmative
injury determination under section 705(b) of the Act, as further
described in the ``Provisional Measures'' section of this notice.
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\5\ See Ferrosilicon from Brazil: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Affirmative Critical
Circumstances Determination in Part, and Alignment of Final
Determination with Final Antidumping Duty Determination, 89 FR 73371
(September 10, 2024) (Brazil Preliminary Determination);
Ferrosilicon from the Republic of Kazakhstan: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 89 FR 73369
(September 10, 2024) (Kazakhstan Preliminary Determination); and
Ferrosilicon from Malaysia: Preliminary Affirmative Countervailing
Duty Determination, Preliminary Affirmative Critical Circumstances
Determination, in Part, and Alignment of Final Determination with
Final Antidumping Duty Determination, 89 FR 73364 (September 10,
2024) (Malaysia Preliminary Determination) (collectively,
Preliminary Determinations).
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With regard to the ITC's negative critical circumstances
determinations on imports of ferrosilicon from Brazil and Malaysia, we
intend to instruct CBP to lift suspension and to refund any cash
deposits made to secure the payment of estimated countervailing duties
with respect to entries of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after June 12, 2024,
(i.e., 90 days prior to the date of the publication of the Preliminary
Determinations), but before September 10, 2024 (i.e., the date of
publication of the Preliminary Determinations).
Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of ferrosilicon from
Brazil, Kazakhstan, and Malaysia, 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, pursuant
to section 706(a)(1) of the Act, 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
each entry of subject merchandise equal to the subsidy rates listed
below.\6\ The all-others rates apply to all producers or exporters not
specifically listed below, as appropriate.
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\6\ See section 706(a)(3) of the Act.
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[[Page 21448]]
Estimated Countervailing Duty Subsidy Rates
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\7\ Commerce has found the following company to be cross-owned
with Ferbasa: Funda[ccedil][atilde]o Jos[eacute] Carvalho Foundation
(Jose Carvalho Foundation).
\8\ Commerce has found the following companies to be cross-owned
with Minasligas: Irmazi Participa[ccedil][otilde]es S.A. (Irmazi),
Participa[ccedil][otilde]es SZ Ltd. (SZ), and Centrium
Empreendimentos Ltda. (Centrium).
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The estimated countervailable subsidy rates are as follows:
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\9\ This rate applies to YDD Corporation LLP and its cross-owned
companies: ASIA FerroAlloys LLP; and KazSilicon Metallurgical
Combine LLP.
\10\ This rate applies to TELF AG and TNC Kazchrome JSC and its
cross-owned companies: Eurasian Energy Corporation JSC; and
Shubarkol Komir JSC. Commerce has calculated a rate based on adverse
inferences to TNC Kazchrome JSC as the unaffiliated producer. This
rate is to be applied to subject merchandise produced and/or
exported by TELF AG and/or TNC Kazchrome JSC.
\11\ This rate applies to TELF AG and TNC Kazchrome JSC and its
cross-owned companies: Eurasian Energy Corporation JSC; and
Shubarkol Komir JSC. Commerce has calculated a rate based on adverse
inferences to TNC Kazchrome JSC as unaffiliated producer. This rate
is to be applied to subject merchandise produced and/or exported by
TELF AG and/or TNC Kazchrome JSC.
Brazil
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Subsidy rate
Company (percent ad
valorem)
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Companhia de Ferro Ligas da Bahia--FERBASA \7\.......... 5.25
Minasligas S.A. \8\..................................... 4.44
Ligas de Aluminio S.A................................... * 61.73
All Others.............................................. 5.01
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* Rate based on facts available with adverse inferences.
Kazakhstan
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Subsidy rate
Company (percent ad
valorem)
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YDD Corporation LLP \9\................................. 16.82
TELF AG \10\............................................ * 265.53
TNC Kazchrome JSC \11\.................................. * 265.53
All Others.............................................. 16.82
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* Rate based on facts available with adverse inferences
Malaysia:
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Subsidy Rate
Company (percent ad
valorem)
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OM Materials (Sarawak) Sdn. Bhd \12\.................... 2.78
Pertama Ferroalloys Sdn. Bhd............................ 3.48
All Others.............................................. 3.08
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Provisional Measures
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\12\ Commerce has found the following companies to be cross-
owned with OM Materials: OM Materials & Logistics (M) Sdn. Bhd; OM
Materials (Samalaju) Sdn. Bhd; and OM Engineering Tech (M) Sdn. Bhd.
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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. In the underlying investigations,
Commerce published the Preliminary Determinations on September 10,
2024.\13\ Therefore, entries of ferrosilicon from Brazil, Kazakhstan,
and Malaysia made on or after January 8, 2025, and prior to the date of
publication of the ITC's final determinations in the Federal Register,
are not subject to the assessment of countervailing duties due to
Commerce's discontinuation of the suspension of liquidation.
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\13\ See Brazil Preliminary Determination; Kazakhstan
Preliminary Determination; and Malaysia Preliminary Determination.
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In accordance with section 703(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, unliquidated entries of
ferrosilicon from Brazil, Kazakhstan, and Malaysia entered, or
withdrawn from warehouse, for consumption on or after January 8, 2025,
the date on which the provisional CVD measures expired, through the day
preceding the date of publication of the ITC final injury
determinations in the Federal Register. Suspension of liquidation will
resume on the date of publication of the ITC final injury
determinations in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\14\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\15\ 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.\16\
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\14\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\15\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\16\ Id.
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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.'' \17\
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\17\ 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.
[[Page 21449]]
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.'' \18\ 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 entry 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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\18\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the CVD 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 CVD orders currently in
effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
These CVD orders are published in accordance with section 706(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
Scope of the Orders
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.
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. 2025-08987 Filed 5-19-25; 8:45 am]
BILLING CODE 3510-DS-P