Ferrosilicon: Prelim CVD Rates Take Effect for Brazil, Kazakhstan and Malaysia; Retroactive for Some
The Commerce Department is setting new countervailing duty cash deposit requirements for imports of ferrosilicon from Brazil (C-351-861), Kazakhstan (C-834-813) and Malaysia (C-557-829), after finding countervailable subsidization of producers and exporters in the three countries in the preliminary determinations of its CVD investigations. Suspension of liquidation and cash deposit requirements will generally take effect for entries on or after Sept. 10, the date that the preliminary determinations were published in the Federal Register, but Commerce is making the suspension of liquidation and CVD cash deposits retroactive to approximately June 12 for some Brazilian and Malaysian companies.
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Commerce also is considering the imposition of antidumping duties on ferrosilicon from Brazil, Kazakhstan and Malaysia. The preliminary determinations in those investigations are currently due Oct. 31. Commerce also recently issued its AD/CVD preliminary determinations in concurrent investigations on ferrosilicon from Russia (see 2407020001).
Cash Deposits Retroactive 90 Days for Some Brazilian, Malaysian Companies
Commerce made a finding that three exporters of ferrosilicon from Brazil -- Companhia de Ferro Ligas da Bahia-Ferbasa, Minasligas and Ligas de Aluminio S.A. (LIASA) -- as well as the Malaysian exporter Pertama Ferroalloys, increased their exports to the U.S. in the months before the preliminary determination. This “critical circumstances” finding by the agency allows it to retroactively suspend liquidation and require CVD cash deposits for subject merchandise from these companies 90 days before the preliminary determination, i.e., June 12, 2024.
For any other exporters in Brazil or Malaysia, as well as all exporters from Kazakhstan, suspension of liquidation and CVD cash deposit requirements take effect Sept. 10.
CV Suspension of Liquidation and Cash Deposit Requirements
Commerce says it will instruct CBP to suspend liquidation for all entries of subject merchandise that are entered, or withdrawn from a warehouse, for consumption on or after the dates listed below. Cash deposits of estimated CV duties will be required as follows:
Brazil
| Company | CV Rate | Sus Liq |
|---|---|---|
| Companhia de Ferro Ligas da Bahia-Ferbasa / Fundacao Jose Carvalho | 5.36% | 06/12/24 |
| Minasligas S.A. / Irmazi Participacoes S.A. / Participacoes SZ Ltd. / Centrium Empreendimentos Ltda. | 4.44% | 06/12/24 |
| Ligas de Aluminio S.A | 61.73% | 06/12/24 |
| All Others | 5.09% | 09/10/24 |
Malaysia
| Company | CV Rate | Sus Liq |
|---|---|---|
| OM Materials (Sarawak) Sdn. Bhd / OM Materials & Logistics (M) Sdn. Bhd / OM Materials (Samalaju) Sdn. Bhd / OM Engineering Tech (M) Sdn. Bhd. | 2.81% | 09/10/24 |
| Pertama Ferroalloys Sdn. Bhd | 3.48% | 06/12/24 |
| All Others | 3.02% | 09/10/24 |
Kazakhstan
| Company | CV Rate | Sus Liq |
|---|---|---|
| TELF AG | 2.37% | 09/10/24 |
| TNC Kazchrome JSC / Eurasian Energy Corporation JSC / Shubarkol Komir JSC. | 2.37% | 09/10/24 |
| YDD Corporation LLP / ASIA FerroAlloys LLP / KazSilicon Metallurgical Combine LLP | 14.74% | 09/10/24 |
| All Others | 10.13% | 09/10/24 |
(The period of investigation is 01/01/23 - 12/31/23. See Commerce's notice for more information, including the scope, suspension of liquidation, etc. See 2404230028 for a summary of the initiation of these AD and CVD investigations.)