2024-27283. Ferrosilicon From the Russian Federation: Antidumping and Countervailing Duty Orders

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

Provisional Measures—AD

Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four-month period to no more than six months. Commerce published the AD Preliminary Determination on June 28, 2024.

The provisional measures period, beginning on the date of publication of the AD Preliminary Determination, ended on October 25, 2024. Therefore, in accordance with section 733(d) of the Act, Commerce intends to instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of ferrosilicon from Russia entered, or withdrawn from warehouse, for consumption on or after October 26, 2024, the first day provisional measures were no longer in effect, until and through the day preceding the date of publication of the ITC Final Determination. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC Final Determination in the Federal Register .

Countervailing Duty Order

As stated above, based on the above-referenced affirmative final determination by the ITC that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of ferrosilicon from Russia, in accordance with section 705(c)(2) of the Act, Commerce is issuing this CVD order. Because the ITC determined that imports of ferrosilicon from Russia are materially injuring a U.S. industry, unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption, are subject to the assessment of countervailing duties.

Therefore, in accordance with section 706(a) of the Act, Commerce will direct CBP to assess, upon further instruction by Commerce, countervailing duties on all relevant entries of ferrosilicon from Russia, which are entered, or withdrawn from warehouse, for consumption on or after June 28, 2024, the date of publication of the CVD Preliminary Determination, but will not include entries occurring after the expiration of the provisional measures period and before the publication of the ITC's final injury determination under section 705(b) of the Act, as further described in the “Provisional Measures—CVD” section of this notice.^[6]

Critical Circumstances

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

Suspension of Liquidation and Cash Deposits—CVD

In accordance with section 706 of the Act, Commerce intends to instruct CBP to reinstitute the suspension of liquidation of ferrosilicon from Russia, effective on the date of publication of the ITC's final affirmative injury determination in the Federal Register , and to assess, upon further instruction by Commerce, countervailing duties on each entry of subject merchandise in an amount based on the net countervailable subsidy rates below. These instructions suspending liquidation will remain in effect until further notice.

Commerce also intends, pursuant to section 706(a)(1) of the Act, to instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination in the Federal Register , CBP will require, at the same time as importers would normally deposit estimated customs duties on the subject merchandise, a cash deposit for ( print page 92094) each entry of subject merchandise equal to the subsidy rates listed below.^[7] The all-others rate applies to all producers or exporters not specifically listed below, as appropriate.

Estimated CVD Subsidy Rates

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

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