MESSAGE NO: 3008116 DATE: 01 08 1993
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 463 - 404 A - 462 - 104
A - 462 - 304 A - 307 - 807
A - 357 - 807 - -

PERIOD COVERED: 12 29 1992 TO

LIQ SUSPENSION DATE: 09 30 1992

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: PRELIMINARY DETERMINATIONS IN THE ANTIDUMPING DUTY
INVESTIGATIONS OF FERROSILICON FROM ARGENTINA, KAZAKHSTAN,
RUSSIA, UKRAINE, AND VENEZUELA- CRITICAL CIRCUMSTANCES

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL
REGISTER ON DECEMBER 29, 1992, NOTICE OF ITS PRELIMINARY
DETERMINATIONS THAT FERROSILICON FROM KAZAKHSTAN, RUSSIA,
UKRAINE, AND VENEZUELA IS BEING SOLD IN THE UNITED STATES AT LESS
THAN FAIR VALUE. THE DEPARTMENT OF COMMERCE ALSO WILL PUBLISH IN
THE FEDERAL REGISTER ON DECEMBER 29, 1992, NOTICE OF ITS
PRELIMINARY DETERMINATION THAT FERROSILICON FROM ARGENTINA IS NOT
BEING SOLD IN THE UNITED STATES AT LESS THAN FAIR VALUE.

2. THE MERCHANDISE SUBJECT TO THESE INVESTIGATIONS IS
FERROSILICON, A FERROALLOY GENERALLY CONTAINING, BY WEIGHT, NOT
LESS THAN FOUR PERCENT IRON, MORE THAN EIGHT PERCENT BUT NOT MORE
THAN 96 PERCENT SILICON, NOT MORE THAN 10 PERCENT CHROMIUM, NOT
MORE THAN 30 PERCENT MANGANESE, NOT MORE THAN THREE PERCENT
PHOSPOROUS, LESS THAN 2.75 PERCENT MAGNESIUM, AND NOT MORE THAN
10 PERCENT CALCIUM OR ANY OTHER ELEMENT.
CALCIUM SILICON, FERROCALCIUM SILICON, AND MAGNESIUM
FERROSILICON ARE SPECIFICALLY EXCLUDED FROM THE SCOPE OF THESE
INVESTIGATIONS. CALCIUM SILICON IS AN ALLOY CONTAINING, BY
WEIGHT, NOT MORE THAN FIVE PERCENT IRON, 60 TO 65 PERCENT SILICON
AND 28 TO 32 PERCENT CALCIUM. FERROCALCIUM SILICON IS A
FERROALLOY CONTAINING BY WEIGHT NOT LESS THAN FOUR PERCENT IRON,
60 TO 65 PERCENT SILICON, AND MORE THAN 10 CALCIUM. MAGNESIUM
FERROSILICON IS A FERROALLOY CONTAINING, BY WEIGHT, NOT LESS
THAN FOUR PERCENT IRON, NOT MORE THAN 55 PERCENT SILICON, AND NOT
LESS THAN 2.75 PERCENT MAGNESIUM.

FERROSILICON IS CLASSIFIABLE UNDER THE FOLLOWING SUBHEADINGS OF
THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS):
7202.21.1000, 7202.21.5000, 7202.21.7500, 7202.21.9000,
7202.29.0010, AND 7202.29.0050. THE HTSUS SUBHEADINGS ARE
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES. OUR WRITTEN
DESCRIPTION OF THE SCOPE OF THESE INVESTIGATIONS IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES, THESE CASES HAVE BEEN
ASSIGNED THE FOLLOWING COMMERCE INVESTIGATION NUMBERS: A-357-807
(ARGENTINA); A-834-804, (KAZAKHSTAN); A-821-804 (RUSSIA);
A-823-804 (UKRAINE); AND A-307-807 (VENEZUELA).

4. FOR CUSTOMS REPORTING PURPOSES ONLY, CERTAIN OF THESE CASES
HAVE BEEN ASSIGNED THE FOLLOWING NUMBERS: A-463-404
(KAZAKHSTAN); A-462-104 (RUSSIA); AND A-462-304 (UKRAINE).

5. FOR ALL EXPORTS OF FERROSILICON FROM VENEZUELA. THE CUSTOMS
SERVICE SHALL SUSPEND LIQUIDATION OF SUCH MERCHANDISE THAT IS
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
DECEMBER 29, 1992, AND SHALL REQUIRE A CASH DEPOSIT OR POSTING OF
A BOND EQUAL TO THE APPROPRIATE ESTIMATED PRELIMINARY MARGIN
PERCENTAGE LISTED BELOW.

6. THE DEPARTMENT HAS DETERMINED THAT CRITICAL CIRCUMSTANCES
EXIST WITH RESPECT TO EXPORTS OF FERROSILICON MADE BY ALL
EXPORTERS FROM KAZAKHSTAN, RUSSIA, AND UKRAINE. THEREFORE, FOR
ALL EXPORTS OF FERROSILICON FROM KAZAKHSTAN, RUSSIA, AND UKRAINE.
THE CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH MERCHANDISE
THAT IS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER SEPTEMBER 30, 1992, A DATE 90 DAYS PRIOR TO PUBLICATION
OF THE PRELIMINARY DETERMINATION IN THE FEDERAL REGISTER, AND
SHALL REQUIRE A CASH DEPOSIT OR POSTING OF A BOND EQUAL TO THE
APPROPRIATE ESTIMATED PRELIMINARY MARGIN PERCENTAGE LISTED BELOW.

MANUFACTURER/PRODUCER/ IDENTIFICATION WEIGHTED-AVERAGE
EXPORTER NUMBER MARGIN PERCENTGAGE

KAZAKHSTAN

ALL EXPORTERS A-463-404-000 104.18%

RUSSIA

ALL EXPORTERS A-462-104-000 104.18%


UKRAINE

ALL EXPORTERS A-462-304-000 104.18%

VENEZUELA

CVG-VENEZOLANA DE A-307-807-001 1.49%
FERROSILICON
ALL OTHERS A-307-807-000 1.49%

FOR ALL EXPORTS OF FERROSILICON FROM ARGENTINA, THE CUSTOMS
SERVICE SHALL NOT SUSPEND LIQUIDATION OF SUCH MERCHANDISE.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE REFERRED TO THE IMPORT SPECIALIST
DIVISION, OTHER AGENCY BRANCH, CUSTOMS HEADQUARTERS BY E-MAIL
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT JAMES TERPSTRA OF THE OFFICE OF
ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
TELEPHONE (202) 482-3965.


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NANCY MCTIERNAN