Ferrosilicon: Details of AD/CVD Orders for Brazil, Kazakhstan and Malaysia
The Commerce Department issued antidumping and countervailing duty orders on ferrosilicon from Brazil (A-351-860/C-351-861), Kazakhstan (A-834-812/C-834-813) and Malaysia (A-557-828/C-557-829). The orders set permanent antidumping and countervailing duties that will remain in place unless revoked by Commerce, which may take place only under certain conditions, such as a sunset or changed circumstances review. Commerce will now begin conducting annual administrative reviews, if requested, to determine final assessments of AD/CV duties on importers and make changes to cash deposit rates.
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The orders detail a “gap period” of no CVD liability for subject merchandise that was entered Jan. 8 through May 15, 2025, and of no AD liability for subject merchandise entered May 5-15, 2025. Commerce may only suspend liquidation for a four-month period after its preliminary CVD determination, issued Sept. 10, 2024, and for six months after its preliminary AD determination, issued Nov. 6, 2024. Commerce will order CBP to liquidate, without regard to AD or CVD, any entries during these respective gap periods. Subject merchandise entered during the CVD gap period but outside the AD gap period (i.e., Jan. 8 through May 4, 2025) will be assessed only AD duties.
Commerce will order the refund of all CVD cash deposits collected on ferrosilicon from Brazil and Malaysia entered before Sept. 10, 2024, because the ITC reversed Commerce's findings of critical circumstances and retroactive collection of cash deposits for those countries.
Merchandise both produced and exported by Minasligas S.A. is exempt from the AD order on Brazil as a result of the zero percent AD rate Commerce calculated for the company in its final determination. As a result, such merchandise isn't subject to any suspension of liquidation or cash deposit requirements. Brazilian ferrosilicon from Minasligas that's not both produced and exported by the company remains subject to the order at the all-others rate.
AD/CVC Suspension of Liq Instructions
Suspension of liquidation resumes for all entries of subject merchandise entered on or after May 16, the date that the final ITC affirmative injury determination was published.
CVD Cash Deposit Instructions
Commerce will require importers to pay CVD cash deposits on subject merchandise entered on or after May 15. CVD cash deposits will be required at the following rates (as amended for Kazakhstan):
Brazil
| Company | CVD Rate |
|---|---|
| Companhia de Ferro Ligas da Bahia-Ferbasa / Fundacao Jose Carvalho | 5.25% |
| Minasligas S.A. / Irmazi Participacoes S.A. / Participacoes SZ Ltd. / Centrium Empreendimentos Ltda. | 4.44% |
| Ligas de Aluminio S.A | 61.73% |
| All Others | 5.01% |
Malaysia
| Company | CV Rate |
|---|---|
| OM Materials (Sarawak) Sdn. Bhd / OM Materials & Logistics (M) Sdn. Bhd / OM Materials (Samalaju) Sdn. Bhd / OM Engineering Tech (M) Sdn. Bhd. | 2.78% |
| Pertama Ferroalloys Sdn. Bhd | 3.48% |
| All Others | 3.08% |
Kazakhstan
| Company | CV Rate |
|---|---|
| TELF AG | 265.53% |
| TNC Kazchrome JSC / Eurasian Energy Corporation JSC / Shubarkol Komir JSC. | 265.53% |
| YDD Corporation LLP / ASIA FerroAlloys LLP / KazSilicon Metallurgical Combine LLP | 16.82% |
| All Others | 16.82% |
AD Cash Deposit Instructions
An AD cash deposit requirement also is in effect for subject merchandise entered on or after May 16 (except for goods from Brazil both produced and exported by Minasligas). Commerce will instruct CBP to require, at the same time that importers deposit estimated duties, a cash deposit equal to the rates listed below (as amended for Malaysia):
Brazil
| Exporter/Producer | AD Rate | Adjusted* |
|---|---|---|
| Companhia de Ferro Ligas da Bahia S.A. | 13.66% | 13.57% |
| Ligas de Aluminio S.A. | 21.78% | zero |
| Minasligas S.A. | 0.78% | N/A |
| All Others | 13.66% | 13.57% |
Kazakhstan
| Exporter/Producer | AD Rate | Adjusted* |
|---|---|---|
| YDD Corporation LLP; ASIA FerroAlloys LLP; KazSilicon Metallurgical Combine LLP | 6.01% | N/A |
| TNC Kazchrome JSC | 6.2% | N/A |
| All Others | 6.05% | N/A |
Malaysia
| Exporter/Producer | AD Rate | Adjusted* |
|---|---|---|
| OM Sarawak Sdn. Bhd | 5.1% | 4.66% |
| Pertama Ferroalloys Sdn. Bhd | 42.88% | 42.6% |
| All Others | 21.76% | 21.37% |
(See the notice for additional details, including the full scope description, etc. See 2504010032 for a summary of the final AD determinations, and 2504010042 for summary of the final CVD determinations.)