Notice of affirmative preliminary CVD determination, affirmative critical circumstances, in part, and alignment of the final CVD determination with the AD investigation of ferrosilicon from Malaysia (C-557-829)

1. On 09/10/2024, Commerce published in the Federal Register its affirmative preliminary determination and determination of critical circumstances in the countervailing duty (CVD) investigation of ferrosilicon from Malaysia (subject merchandise) (89 FR 73364). Additionally, Commerce has aligned the deadline for the final determination in the CVD investigation with the deadline for the final determination in the companion antidumping duty investigation of the same merchandise, currently scheduled to be issued no later than 01/14/2025. 2. The merchandise covered by this investigation has changed. The scope of this investigation covers all forms and sizes of ferrosilicon, regardless of grade, including ferrosilicon briquettes. Ferrosilicon is a ferroalloy containing by weight four percent or more iron, more than eight percent but not more than 96 percent silicon, three percent or less phosphorus, 30 percent or less manganese, less than three percent magnesium, and 10 percent or less of any other element. The merchandise covered also includes product described as slag, if the product meets these specifications. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by performing any grinding or any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the ferrosilicon. Ferrosilicon is currently classifiable under subheadings 7202.21.1000, 7202.21.5000, 7202.21.7500, 7202.21.9000, 7202.29.0010, and 7202.29.0050 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive. 3. This proceeding has been assigned case number C-557-829. 4a. Commerce did not find critical circumstances for the producers and/or exporters identified below. Accordingly, CBP shall suspend liquidation of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 09/10/2024 (the date of publication of the preliminary determination), and shall require, for such entries, a cash deposit equal to the percentages of entered value for the producers and/or exporters listed below. Producer and/or Exporter: OM Materials (Sarawak) Sdn. Bhd; OM Materials & Logistics (M) Sdn. Bhd; OM Materials (Samalaju) Sdn. Bhd; OM Engineering Tech (M) Sdn. Bhd Case Number: C-557-829-001 Cash Deposit: 2.81 percent Producer and/or Exporter: All Others Case Number: C-557-829-000 Cash Deposit Rate: 3.02 percent 4b. Commerce has determined that critical circumstances exist for imports of subject merchandise from the producer and/or exporter identified below. Accordingly, for imports of such merchandise, CBP shall suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after 06/12/2024, (90 days prior to the date of FR publication of the preliminary determination) and shall require, for such entries, a cash deposit equal to the percentage of entered value for the producer and/or exporter listed below. Producer and/or Exporter: Pertama Ferroalloys Sdn. Bhd Case Number: C-557-829-002 Cash Deposit: 3.48 percent 5. If there are any questions by the public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OI:SRM.) 6. There are no restrictions on the release of this information. Alexander Amdur