MESSAGE NO: 3209111 DATE: 07 28 1993
CATEGORY: ADA TYPE: COR
REFERENCE: 3176111 REFERENCE DATE: 06 25 1993
CASES: A - 462 - 104 A - 307 - 807
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PERIOD COVERED: 06 24 1993 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: CORRECTION TO ANTIDUMPING DUTY ORDERS FOR FERROSILICON
FROM THE RUSSIAN FEDERATION AND VENEZUELA
(CORRECTION TO LINE 7)

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON JUNE 24, 1993, THE NOTICE OF ITS ANTIDUMPING DUTY ORDERS ON
FERROSILICON FROM THE RUSSIAN FEDERATION AND VENEZUELA.

2. THE MERCHANDISE SUBJECT TO THESE ANTIDUMPING DUTY ORDERS IS
FERROSILICON, FERROSILICON IS A FERROALLOY PRODUCED BY COMBINING,
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 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 COMMERCE INVESTIGATION NUMBERS: A-821-804
(THE RUSSIAN FEDERATION) AND A-307-807 (VENEZUELA)

4. FOR CUSTOMS PURPOSES ONLY, THE RUSSIAN FEDERATION CASE HAS
BEEN ASSIGNED THE FOLLOWING NUMBER: A-462-104

5. THE INTERNATIONAL TRADE COMMISSION (ITC) FOUND THAT A U.S.
INDUSTRY IS MATERIALLY INJURED BY REASON OF IMPORTS OF
FERROSILICON FROM THE RUSSIAN FEDERATION AND VENEZUELA THAT ARE
SOLD IN THE UNITED STATES AT LESS THAN FAIR VALUE.

6. THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF
ENTRIES OF ALL MANUFACTURERS, PRODUCERS, AND EXPORTERS THAT ARE
ENTERED OR WITH DRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
DECEMBER 29, 1992. IN ADDITION, EFFECTIVE JUNE 24, 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 JUNE 24, 1993.

7. IN THE INVESTIGATION INVOLVING THE RUSSIAN FEDERATION ON
JUNE 16, 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 FROM THE
RUSSIAN FEDERATION ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION PRIOR TO DECEMBER 29, 1992.

RUSSIAN FEDERATION

MANUFACTURERS/PRODUCERS/EXPORTERS ID NO. PERCENT MARGIN

ALL EXPORTERS THE RUSSIAN
FEDERATION A-462-104-000 104.18%

MANUFACTURER/PRODUCERS/EXPORTERS ID NO. PERCENT MARGIN

VENEZUELA
VENEZOLANA DE FERROSILICIO
( CVG-FESILVEN) A-307-807-001 9.55%

ALL OTHERS A-307-807-000 9.55%

THE MODULE HAS BEEN UPDATED TO REFLECT THE ABOVE INFORMATION.

8. 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 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