MESSAGE NO: 3111003
DATE: 04 21 1993
CATEGORY: ADA
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
A - 463 - 404
A - 462 - 304
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PERIOD COVERED:
04 07 1993
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: ANTIDUMPING DUTY ORDER ON FERROSILICON FROM KAZAKHSTAN
AND UKRAINE
1.
THE
DEPARTMENT
OF
COMMERCE
PUBLISHED
IN
THE
FEDERAL
REGISTER ON
APRIL
7,
1993, THE NOTICE OF
ITS ANTIDUMPING DUTY
ORDER ON FERROSILICON FROM KAZAKHSTAN AND UKRAINE.
2.
THE MERCHANDISE SUBJECT TO
THIS ANTIDUMPING DUTY
ORDER
IS
FERROSILICON, FERROSILICON IS A FERROALLOY PRODUCED BY COMBINING,
BY WEIGHT, NOT
LESS THAN FOUR PERCENT IRON, MORE
THAN EIGHT 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
PHOSPHOROUS, LESS THAN 2.75 PERCENT MAGNESIUM, AND
NOT MORE THAN
10 PERCENT CALCIUM OR ANY OTHER ELEMENT.
FERROSILICON IS
A FERROALLOY PRODUCED BY COMBINING SILICON AND
IRON THROUGH SMELTING IN A SUBMERGE-ARC FURNACE.
FERROSILICON IS
USED PRIMARILY AS
AN ALLOYING AGENT IN
THE PRODUCTION OF
STEEL
AND
CAST IRON.
IT
IS
ALSO
USED
IN
THE STEEL INDUSTRY AS
A
DEOXIDIZER AND A REDUCING AGENT, AND BY CAST IRON PRODUCERS AS AN
INOCULANT.
FERROSILICON IS DIFFERENTIATED BY SIZE AND BY GRADE.
THE SIZES
EXPRESS
THE
MAXIMUM
AND
MINIMUM DIMENSIONS OF
THE
LUMPS
OF
FERROSILICON FOUND IN
A GIVEN SHIPMENT.
FERROSILICON GRADES ARE
DEFINED
BY
THE PERCENTAGES BY
WEIGHT
OF CONTAINED SILICON AND
OTHER MINOR ELEMENTS.
FERROSILICON IS MOST COMMONLY SOLD TO
THE
IRON AND STEEL INDUSTRIES IN STANDARD GRADES OF 75 PERCENT AND 50
PERCENT FERROSILICON.
CALCIUM SILICON, FERROCALCIUM SILICON, AND MAGNESIUM
FERROSILICON ARE SPECIFICALLY EXCLUDED FROM
THE SCOPE
OF
THESE
ORDERS.
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
PERCENT 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
SUBHEADING
ARE
PROVIDED
FOR CONVENIENCE
AND
CUSTOMS
PURPOSES.
OUR
WRITTEN
DESCRIPTION OF THE SCOPE OF THESE ORDERS IS DISPOSITIVE.
3.
FOR
FURTHER
REPORTING PURPOSES,
THESE
CASES
HAVE
BEEN
ASSIGNED
THE
FOLLOWING
INVESTIGATION
NUMBERS:
A-834-804
(KAZAKHSTAN) AND A-823-804 (UKRAINE).
THESE
NUMBERS
SHOULD
BE
USED
WHEN
DEALING
WITH
THE DEPARTMENT OF COMMERCE ONLY.
THE
CUSTOMS
IDENTIFICATION
NUMBER
IS
TO
BE
USED
FOR
CUSTOMS
IDENTIFICATION
PURPOSES.
4.
THE INTERNATIONAL TRADE COMMISSION (ITC) FOUND THAT
A
U.S.
INDUSTRY
IS
MATERIALLY
INJURED
BY
REASON
OF
IMPORTS
OF
FERROSILICON FROM KAZAKHSTAN AND UKRAINE THAT
ARE
SOLD
IN
THE
UNITED STATES AT LESS THAN FAIR VALUE.
5.THE CUSTOMS SERVICE
SHALL CONTINUE
TO
SUSPEND LIQUIDATION OF
ENTRIES
OF
ALL MANUFACTURERS, PRODUCERS, AND EXPORTERS THAT ARE
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER
DECEMBER
29,
1992.
IN
ADDITION, EFFECTIVE
APRIL
7,
1993,
CUSTOMS OFFICIALS SHALL REQUIRE
A
CASH
DEPOSIT
EQUAL
TO
THE
ESTIMATED MARGIN PERCENTAGES LISTED BELOW FOR ALL ENTRIES OF
THE
CONSUMPTION, ON OR AFTER APRIL 7, 1993.
6.
ON
MARCH
23,
1993,
THE
ITC NOTIFIED THE DEPARTMENT THAT
RETROACTIVE ASSESSMENT OF ANTIDUMPING DUTIES IS
NOT NECESSARY TO
PREVENT RECURRENCE OF MATERIAL INJURY FROM MASSIVE IMPORTS OVER A
SHORT
PERIOD.
AS
A
RESULT
OF
THE
ITC'S DETERMINATION, THE
CUSTOMS
SERVICE
SHALL TERMINATE
THE RETROACTIVE SUSPENSION
OF
LIQUIDATION AND RELEASE ANY BOND OR OTHER SECURITY AND REFUND ANY
CASH DEPOSIT
WITH
RESPECT
TO
ENTRIES
OF
SUBJECT MERCHANDISE
ENTERED
OR
WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION PRIOR
TO
DECEMBER 29, 1992.
MANUFACTURERS/PRODUCERS/EXPORTERS
IDENTIFICATION
NO.
PERCENT
MARGIN
ALL EXPORTERS
(KAZAKHSTAN)
A-463-404-000
104.18%
ALL EXPORTERS
(UKRAINE)
A-462-304-000
104.18%
THE MODULE HAS BEEN UPDATED TO REFLECT THE ABOVE INFORMATION.
7.
IF THERE ARE
ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICER,
THEY
SHOULD
BE
REFERRED
TO
THE
IMPORT
SPECIALIST
DIVISION, OTHER
AGENCY
BRANCH, CUSTOMS HEADQUARTERS VIA
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.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN