Ferrosilicon: New AD/CVD Investigations Deadlines & Scope

The Commerce Department issued a notice in the Federal Register on its recently initiated antidumping and countervailing duty investigations on ferrosilicon from Brazil (A-351-860/C-351-861), Kazakhstan (A-834-812/C-834/813), Malaysia (A-557-828/C-557-829) and Russia (A-821-838/C-821-839). The CVD investigations and the AD investigations on Brazil, Kazakhstan and Malaysia cover entries for the calendar year 2023. The AD investigation on Russia covers entries made July 1, 2023, through Dec. 31, 2023.

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized ferrosilicon are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due May 12, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, due in June for CVD and September for AD, it will set AD and/or CVD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CVD order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CVD on importers and potentially change AD/CVD cash deposit rates.

AD/CVD Respondent Selection

For its CVD investigations and its AD investigations on Brazil, Kazakhstan and Malaysia, Commerce said it will pick respondents to its based on CBP import data. Comments are due three business days after Commerce's AD initiation notice is published, which is scheduled for April 24, putting the comment deadline at April 29.

For its AD/CVD investigation on Russia, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Exporters that don't get a quantity and value questionnaire can submit one using the forms available on Commerce's website. Responses are due by May 2.

Companies subject to the AD investigation on Russia will also have to submit a separate rate application to avoid getting the high Russia-wide rate. Separate rate applications will be due 30 days from the publication date of Commerce's AD initiation notice.

Scope of the AD/CVD Investigations

"The scope of these investigations 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 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 investigations 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."

Comments on the scope of these investigations are due by 5 p.m. EST on May 7.

Investigations Timetable

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is (here). See 2403280054 for a summary of the petition requesting these investigations.