Ferrosilicon: Commerce Issues Final CVD Determinations for Brazil, Kazakhstan and Malaysia
The Commerce Department issued its final determinations in its countervailing duty investigations on 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 is currently not in effect for entries on or after Jan. 8, 2025, and Commerce will require cash deposits of estimated CVD on future entries only if it issues a CVD order.
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In a change from its preliminary determination on Malaysia, Commerce found critical circumstances for the "all others" companies in the Malaysia investigation, and will now retroactively suspend liquidation and collect cash deposits on entries from the "all others" companies back to 90 days prior to its preliminary determination, i.e., June 12.
On the other hand, retroactive suspension of liquidation will end for the Malaysian company Pertama Ferroalloys, after Commerce reversed its preliminary critical circumstances finding for the company. Commerce will end suspension of liquidation of entries from Pertama Ferroalloys prior to Sept. 10, and refund any CVD cash deposits collected before that date. Entries Sept. 10 and after are still subject to suspension of liquidation and CVD cash deposit requirements.
Critical circumstances findings in the Brazil investigation for Minasligas and Ligas de Aluminio S.A. (LIASA) remain unchanged from the preliminary determinations, so retroactive suspension of liquidation and cash deposit requirements remain in effect for those two companies.
Commerce also issued final determinations in its concurrent AD investigations on ferrosilicon from Brazil, Kazakhstan and Malaysia, setting AD rates ranging from zero percent to 13.66% for Brazilian exporters, 6.01% to 6.2% for Kazakh exporters and 4.69% to 20.98% for Malaysian exporters (see 2504010032).
CV Susp/Cash Deposit Through Jan. 7
For now, Commerce has instructed CBP to continue the suspension of liquidation of subject merchandise from Brazilian, Kazakh and Malaysian companies entered June 12, 2024, through Jan. 7, 2025.
CVD Liq Reinstated and No CVD Cash Deposit as of Jan. 8
Commerce previously instructed CBP to discontinue the suspension of liquidation for CVD purposes and the collection of CVD cash deposits for subject merchandise from Brazilian, Kazakh and Malaysian companies on or after Jan. 8, the expiration date of the 120-day “provisional measures” period during which Commerce can suspend liquidation without a CVD order in place.
Suspension of liquidation currently remains in effect for AD purposes for Brazil, Kazakhstan and Malaysia.
CV Liq to Be Suspended Again and CVD Cash Deposit Required If Order Issued
If the ITC issues a final affirmative injury determination, Commerce will issue a CVD order, reinstate the CVD suspension of liquidation for all Brazilian, Kazakh and Malaysian exporters and require a cash deposit of estimated CVD for entries of subject merchandise at the revised CVD rates listed below.
Brazil
| Company | CV Rate | Sus Liq |
|---|---|---|
| Companhia de Ferro Ligas da Bahia-Ferbasa / Fundacao Jose Carvalho | 5.25% | 09/10/24 |
| 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 | 5.01% | 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. | 2.78% | 09/10/24 |
| Pertama Ferroalloys Sdn. Bhd | 3.48% | 09/10/24 |
| All Others | 3.02% | 06/12/24 |
Kazakhstan
| Company | CV Rate | Sus Liq |
|---|---|---|
| TELF AG | 265.38% | 09/10/24 |
| TNC Kazchrome JSC / Eurasian Energy Corporation JSC / Shubarkol Komir JSC. | 265.38% | 09/10/24 |
| YDD Corporation LLP / ASIA FerroAlloys LLP / KazSilicon Metallurgical Combine LLP | 16.76% | 09/10/24 |
| All Others | 16.76% | 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 2409100035 for a summary of the preliminary determinations in these investigations.)