MESSAGE NO: 3195111 DATE: 07 14 1993
CATEGORY: CVD TYPE: COR
REFERENCE: 3138111 REFERENCE DATE: 05 18 1993
CASES: C - 307 - 808 C - 307 - 201
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PERIOD COVERED: 07 07 1993 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: NOTICE OF AMENDMENT TO COUNTERVAILING DUTY ORDER OF
FERROSILICON FROM VENEZUELA


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON JULY 07, 1993, NOTICE OF AN AMENDMENT TO ITS COUNTERVAILING
DUTY ORDER IN THE INVESTIGATION OF FERROSILICON FROM VENEZUELA.
THE ORIGINAL COUNTERVAILING DUTY ORDER WAS ISSUED ON MAY 18,
1993, E-MAIL NUMBER 3138111.

2. THE PRODUCT COVERED BY THIS INVESTIGATION 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 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 SUBMERGED-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 THIS INVESTIGATION.
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. PRODUCTS COVERED IN THIS
INVESTIGATION INCLUDED 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.
ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, OUR DESCRIPTION OF THE SCOPE OF THESE
PROCEEDINGS IS DISPOSITIVE.

4. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
THE FOLLOWING INVESTIGATION NUMBER: C-307-808. FOR CUSTOMS
PURPOSES ONLY, HTSUS ITEMS 7202.21.7500 AND 7202.21.9000 HAVE
BEEN ASSIGNED NUMBER C-307-201.

5. THIS AMENDMENT IS NECESSARY BECAUSE VENEZUELA IS A GATT
CONTRACTING PARTY, AND MERCHANDISE WITHIN THE SCOPE OF THE
PETITION WHICH IS IMPORTED UNDER HTSUS SUBHEADINGS 7202.21.1000,
7202.21.5000, 7202.29.0010, AND 7202.29.0050 IS NONDUTIABLE. THE
ITC WAS REQUIRED TO DETERMINE WHETHER IMPORTS OF THIS NONDUTIABLE
MERCHANDISE FROM VENEZUELA MATERIALLY INJURE, OR THREATEN
MATERIAL INJURY TO, A U.S. INDUSTRY. ON JUNE 16, 1993, THE ITC
DETERMINED THAT IMPORTS OF FERROSILICON FROM VENEZUELA MATERIALLY
INJURE A U.S. INDUSTRY. THEREFORE, WE ARE ISSUING THIS AMENDMENT
TO THE ORIGINAL COUNTERVAILING DUTY ORDER. (EXCEPT FOR THE
ADDITION OF HTSUS ITEMS 7202.21.1000, 7202.21.5000, 7202.29.0010,
AND 7202.29.0050, THE ORIGINAL ORDER OF MAY 10, 1993 REMAINS
UNCHANGED.)

6. ACCORDINGLY, THE U.S. CUSTOMS SERVICE SHALL SUSPEND
LIQUIDATION OF ENTRIES OF FERROSILICON FROM VENEZUELA THAT ARE
ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER
JULY 07, 1993, AND SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE
MARGIN PERCENTAGES LISTED BELOW:

COMPANY ID NUMBER AD VALOREM RATE

FESILVEN C-307-808-001 22.08 PERCENT

COUNTRY-WIDE RATE C-307-808-000 22.08 PERCENT

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE REFERRED TO THE IMPORT SPECIALIST
DIVISION, OTHER AGENCY BRANCH, VIA EMAIL TO ATTRIBUTE "HQ OAB".
THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
THE FOLLOWING IMPORT COMPLIANCE SPECIALIST AT THE INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE: KRISTIN HEIM,
OFFICE OF COUNTERVAILING INVESTIGATIONS (202) 482-3798.

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN