MESSAGE NO: 3069113 DATE: 03 10 1993
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 463 - 404 A - 462 - 304
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PERIOD COVERED: TO

LIQ SUSPENSION DATE: 09 30 1992

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: FINAL DETERMINATIONS IN THE ANTIDUMPING DUTY
INVESTIGATIONS OF FERROSILICON FROM KAZAKHSTAN AND UKRAINE


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON MARCH 9, 1993, NOTICE OF ITS FINAL DETERMINATIONS THAT
FERROSILICON FROM KAZAKHSTAN AND UKRAINE IS 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-834-804, (KAZAKHSTAN); AND A-823-804 (UKRAINE).

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

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

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

KAZAKHSTAN
ALL EXPORTERS A-463-404-000 104.18%

UKRAINE
ALL EXPORTERS A-462-304-000 104.18%


6. 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.

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN