[Federal Register Volume 90, Number 161 (Friday, August 22, 2025)]
[Notices]
[Pages 41032-41037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16156]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-840]
Unwrought Palladium From the Russian Federation: Initiation of
Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 19, 2025.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz, Office II, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2972.
SUPPLEMENTARY INFORMATION:
The Petition
On July 30, 2025, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) Petition concerning imports of
unwrought palladium from the Russian Federation (Russia), filed in
proper form on behalf of Stillwater Mining Company d/b/a Sibanye-
Stillwater and the United Steel Paper, and Forestry, Rubber,
Manufacturing, Energy, Industrial and Service Workers International
Union, AFL-CIO, CLC (the petitioners), a domestic producer of unwrought
palladium and a certified union, which represents workers engaged in
the production of unwrought palladium in the United States.\1\ The AD
Petition was accompanied by a countervailing duty (CVD) Petition
concerning imports of unwrought palladium from Russia.\2\
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\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Unwrought Palladium from
the Russian Federation,'' dated July 30, 2025 (Petition).
\2\ Id.
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Between August 4 and 11, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ Between August 6 and 11, 2025, the
petitioners filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
August 4, 2025 (First General Issues Supplemental Questionnaire);
``Supplemental Questions,'' dated August 4, 2025 (AD Supplemental
Questionnaire); and ``Second General Issues Supplemental
Questions,'' dated August 7, 2025 (Second General Issues
Supplemental Questionnaire); see also Memorandum, ``Phone Call with
Counsel to the Petitioners,'' dated August 11, 2025.
\4\ See Petitioners' Letters, ``Petitioners' Response to
Commerce's Supplemental Questions on General Issues,'' dated August
6, 2025 (First General Issues Supplement); ``Petitioners' Response
to Commerce's Supplemental Questions,'' dated August 6, 2025 (AD
Supplement); ``Petitioners' Response to Commerce's Second
Supplemental Questions on General Issues,'' dated August 8, 2025
(Second General Issues Supplement); and ``Additional Certifications
for Petitioners' Responses to Commerce's Supplemental Questions,''
dated August 11, 2025.
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of unwrought
palladium from Russia are being, or are likely to be, sold in the
United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the unwrought
palladium industry in the United States. Consistent with section
732(b)(1) of the Act, the Petition was accompanied by information
reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry, because the petitioners are interested parties,
as defined in sections 771(9)(C) and (D) of the Act. Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested LTFV investigation.\5\
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\5\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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[[Page 41033]]
Period of Investigation
Because the Petition was filed on July 30, 2025, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for the Russia LTFV
investigation is January 1, 2025, through June 30, 2025.
Scope of the Investigation
The product covered by this investigation is unwrought palladium
from Russia. For a full description of the scope of this investigation,
see the appendix to this notice.
Comments on the Scope of the Investigation
On August 4 and 7, 2025, Commerce requested information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\6\ On August 6 and 8, 2025, the petitioners provided
clarifications and revised the scope.\7\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\6\ See First General Issues Supplemental Questionnaire; see
also Second General Issues Supplemental Questionnaire.
\7\ See First General Issues Supplement at 1-3 and Exhibit 2;
see also Second General Issues Supplement at 1-2 and Exhibit 4.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\9\ all such factual information should be limited to
public information. Commerce requests that interested parties provide
at the beginning of their scope comments a public executive summary for
each comment or issue raised in their submission. Commerce further
requests that interested parties limit their public executive summary
of each comment or issue to no more than 450 words, not including
citations. Commerce intends to use the public executive summaries as
the basis of the comment summaries included in the analysis of scope
comments. To facilitate preparation of its questionnaires, Commerce
requests that scope comments be submitted by 5:00 p.m. Eastern Time
(ET) on September 8, 2025, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, and should also be limited to public information, must be
filed by 5:00 p.m. ET on September 18, 2025, which is 10 calendar days
from the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\10\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of unwrought palladium to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaires, all
product characteristics comments must be filed by 5:00 p.m. ET on
September 8, 2025, which is 20 calendar days from the signature date of
this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on
September 18, 2025, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
LTFV investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a Petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a Petition meets this requirement if the domestic
producers or workers who support the Petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the Petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a Petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the
[[Page 41034]]
decision of either agency contrary to law.\12\
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\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F.Supp.2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.Supp.
639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigation.\13\ Based on our analysis of the information
submitted on the record, we have determined that unwrought palladium,
as defined in the scope, constitutes a single domestic like product,
and we have analyzed industry support in terms of that domestic like
product.\14\
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\13\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Unwrought Palladium from the Russian Federation,'' dated
concurrently with, and hereby adopted by, this notice (Russia AD
Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Unwrought Palladium from the Russian Federation (Attachment
II). This checklist is on file electronically via ACCESS.
\14\ Id.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the 2024 production of the domestic like product for the U.S. producers
that support the Petition and compared this to total 2024 U.S.
production of the domestic like product by the entire U.S. unwrought
palladium industry, as reported by the U.S. Geological Survey (USGS) in
the 2025 Mineral Commodity Summaries publication.\15\ Commerce
contacted USGS officials on August 14, 2025, to request clarification
regarding the USGS data provided in the Petition and the availability
of data on total U.S. refinery production in 2024.\16\ During our
communications with USGS, USGS referred us to the total U.S. refinery
production data in the 2023 Minerals Yearbook, which was published in
February 2025 and which contains the most recently available USGS data
on total U.S. refinery production.\17\ Accordingly, we relied upon the
2023 Minerals Yearbook data and made certain adjustments using
historical data in that publication as well as other USGS data provided
in the Petition to estimate total 2024 U.S. production of unwrought
palladium.\18\ We then compared the 2024 production of the domestic
like product for the U.S. producers that support the Petition to the
estimated total 2024 U.S. production of the domestic like product by
the entire U.S. unwrought palladium industry (based on the USGS data
described above) for purposes of measuring industry support.\19\
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\15\ Id.
\16\ See Memorandum, ``Teleconference with a Commodity
Specialist of the United States Geological Survey,'' dated August
15, 2025.
\17\ Id.
\18\ For further discussion, see Attachment II of the Russia AD
Initiation Checklist.
\19\ Id.
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On August 12, 2025, we received timely filed comments on industry
support and a statement of opposition from BASF Metals LLC (BASF), a
U.S. producer and importer of unwrought palladium.\20\ On August 14,
2025, the petitioners responded to the comments from BASF in a timely
filed rebuttal submission.\21\
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\20\ See BASF's Letter, ``BASF Metals LLC Comments Regarding
Industry Support,'' dated August 12, 2025.
\21\ See Petitioners' Letter, ``Petitioners' Industry Support
Rebuttal,'' August 14, 2025 (Petitioners' Response).
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Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, the
Petitioners' Response, and other information readily available to
Commerce indicates that the petitioners have established industry
support for the Petition.\22\ First, the Petition established support
from domestic producers (or workers) accounting for more than 50
percent of the total production of the domestic like product and, as
such, Commerce is not required to take further action in order to
evaluate industry support (e.g., polling).\23\ Second, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(i) of the Act because the domestic
producers (or workers) who support the Petition account for at least 25
percent of the total production of the domestic like product.\24\
Finally, the domestic producers (or workers) have met the statutory
criteria for industry support under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petition
account for more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the Petition.\25\ Accordingly, Commerce
determines that the Petition was filed on behalf of the domestic
industry within the meaning of section 732(b)(1) of the Act.\26\
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\22\ For further discussion, see Attachment II of the Russia AD
Initiation Checklist.
\23\ Id.; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the Russia AD Initiation Checklist.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
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\27\ For further discussion, see Russia AD Initiation Checklist
at Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Unwrought Palladium from the Russian Federation.
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The petitioners contend that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
underselling and price depression and/or suppression; declines in
production and shipments; layoffs; negative impact on financial
performance and capital expenditures; and reduced market share.\28\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\29\
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\28\ Id.
\29\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an LTFV
investigation of imports of unwrought palladium from Russia. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Russia AD Initiation Checklist.
[[Page 41035]]
U.S. Price
The petitioners based export price (EP) on the POI average unit
value (AUV) derived from official U.S. import statistics for imports of
unwrought palladium produced in and exported from Russia.\30\ The
petitioners made no adjustments to the U.S. price to calculate a net
ex-factory U.S price.\31\
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\30\ See Russia AD Initiation Checklist.
\31\ Id.
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Normal Value
Commerce considers Russia to be an NME country.\32\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat Russia as an NME country for
purposes of the initiation of this LTFV investigation. Accordingly, we
base NV on FOPs valued in a surrogate market economy country in
accordance with section 773(c) of the Act.
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\32\ See, e.g., Emulsion Styrene-Butadiene Rubber from the
Russian Federation: Final Affirmative Determination of Sales at Less
Than Fair Value and Classification of the Russian Federation as a
Non-Market Economy, 87 FR 69002 (November 17, 2022), and
accompanying ``Reconsideration of Russia's Status as a Market
Economy'' Decision Memorandum.
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The petitioners claim that Malaysia is an appropriate surrogate
country for Russia because it is a market economy that is at a level of
economic development comparable to that of Russia and a significant
producer of comparable merchandise.\33\ The petitioners provided
publicly available information from Malaysia to value all FOPs (except
palladium, platinum, and rhodium).\34\ To value palladium, platinum,
and rhodium, the petitioners provided import statistics from another
surrogate country, Romania.\35\ Based on the information provided by
the petitioners, we believe it is appropriate to use Malaysia as a
surrogate country for Russia to value all FOPs (except palladium,
platinum, and rhodium), and Romania to value palladium, platinum, and
rhodium for initiation purposes.
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\33\ See Russia AD Initiation Checklist.
\34\ Id.
\35\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
The petitioners used publicly available information on the
production experience and product-specific consumption and co-product
recovery rates of Norilsk Nickel, a Russian producer/exporter of
unwrought palladium, to value Russian manufacturers' FOPs.\36\ The
petitioners then allocated the portion of the ore input cost
attributable to palladium using a net realizable value methodology.\37\
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\36\ Id.
\37\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of unwrought palladium from Russia are being, or
are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margin for unwrought palladium from Russia
covered by this initiation is 828.09 percent.\38\
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\38\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating an LTFV investigation to
determine whether imports of unwrought palladium from Russia are being,
or are likely to be, sold in the United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 140
days after the date of this initiation.
Respondent Selection
In the Petition, the petitioners identified four companies in
Russia as producers and/or exporters of unwrought palladium.\39\ Our
standard practice for respondent selection in AD investigations
involving NME countries is to select respondents based on quantity and
value (Q&V) questionnaires in cases where it has determined that the
number of companies is large and it cannot individually examine each
company based upon its resources. Therefore, considering the number of
producers and/or exporters identified in the Petition, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce
determines that the number is large and decides to limit the number of
respondents individually examined pursuant to section 777A(c)(2) of the
Act. Because there are four Russian producers and/or exporters
identified in the Petition, Commerce has determined that it will issue
Q&V questionnaires to each potential respondent for which there is
complete address information on the record.
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\39\ See Petition at Volume I (page I-10 and Exhibit I-9); see
also First General Issues Supplement at 1 and Exhibit 1.
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Commerce will post the Q&V questionnaire along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of unwrought palladium from
Russia that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Russian producers/
exporters no later than 5:00 p.m. ET on September 2, 2025, which is two
weeks from the signature date of this notice. All Q&V questionnaire
responses must be filed electronically via ACCESS. An electronically
filed document must be received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. Note that Commerce recently
promulgated new regulations pertaining to separate rates, including the
separate rate application deadline and eligibility for separate rate
status, in 19 CFR 351.108.\40\ Pursuant to 19 CFR 351.108(d)(1), the
separate rate application will be due 21 days after publication of this
initiation notice.\41\
[[Page 41036]]
Exporters and producers must file a timely separate rate application if
they want to be considered for individual examination. In addition,
pursuant to 19 CFR 351.108(e), exporters and producers who submit a
separate rate application and have been selected as mandatory
respondents will be eligible for consideration for separate rate status
only if they fully respond to all parts of Commerce's AD questionnaire
and participate in the LTFV proceeding as mandatory respondents.\42\
Commerce requires that companies from China submit a response both to
the Q&V questionnaire and to the separate rate application by the
respective deadlines to receive consideration for separate rate status.
Companies not filing a timely Q&V questionnaire response will not
receive separate rate consideration.
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\40\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\41\ See 19 CFR 351.108(d)(1).
\42\ See 19 CFR 351.108(e).
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\43\
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\43\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of Russia via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of unwrought palladium from Russia are
materially injuring, or threatening material injury to, a U.S.
industry.\44\ A negative ITC determination will result in the
investigation being terminated.\45\ Otherwise, this LTFV investigation
will proceed according to statutory and regulatory time limits.
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\44\ See section 733(a) of the Act.
\45\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \46\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\47\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\46\ See 19 CFR 351.301(b).
\47\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\48\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\49\
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\48\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\49\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\50\
Parties must use the certification formats provided in 19 CFR
351.303(g).\51\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\50\ See section 782(b) of the Act.
\51\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\52\
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\52\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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[[Page 41037]]
This notice is issued and published pursuant to sections 732(c)(2)
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and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 19, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation is unwrought palladium.
Unwrought palladium includes palladium, whether or not refined, in
the form of ingots, blocks, lumps, billets, cakes, slabs, pigs,
cathodes, anodes, briquettes, cubes, sticks, grains, sponge,
pellets, shot, powder, and similar primary forms.
Unwrought palladium is covered by the scope regardless of
production method. The scope includes unwrought palladium produced
through ore extraction, unwrought palladium produced by recycling
palladium-containing scrap, unwrought palladium produced by any
other method, and blends of unwrought palladium produced by
different methods.
The scope includes unwrought palladium that is commingled with
unwrought palladium from sources not subject to this investigation
or commingled with other metals. Only the subject unwrought
palladium component of such commingled products is covered by the
scope of this investigation.
Subject merchandise includes merchandise matching the above
description that has been finished, packaged, or otherwise processed
in a third country, including by refining, grinding, commingling,
adding or removing additives (such as other metals), or performing
any other finishing, packaging, or processing that would not
otherwise remove the merchandise from the scope of the investigation
if performed in the subject country.
The covered merchandise is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 7110.21.0000. Unwrought palladium meeting the scope
description may also enter under HTSUS subheading 7110.29.0000.
Although the HTSUS subheadings are provided for convenience and for
customs purposes, the written description of the subject merchandise
is dispositive.
[FR Doc. 2025-16156 Filed 8-21-25; 8:45 am]
BILLING CODE 3510-DS-P