On 28 March 2024, the United States (“US”) Department of Commerce and the US International Trade Commission initiated anti-dumping and countervailing investigations on ferrosilicon under subheadings 7202.21.10, 7202.21.50, 7202.21.75, 7202.21.90, and 7202.29.00 of the US Harmonized Tariff Schedule (“subject merchandise”) imported from Brazil, Malaysia, the Republic of Kazakhstan and the Russian Federation. The anti-dumping and countervailing protection measures were filed on behalf of CC Metals and Alloys, LLC and Ferroglobe USA, Inc. (“Petitioners”).
 
The Petitioners allege that the subject merchandise from Brazil, Malaysia, the Republic of Kazakhstan and the Russian Federation are being, or are likely to be, sold at less than fair value in the US. The Petitioners further allege that these imports, which have cumulatively grown from 118,834 metric ton (“MT”) in 2021 to 144,158 MT in 2023, an increase of 21%, are causing, or threatening to cause, material injury to the US ferrosilicon industry.
 
The relative dumping margin for imports of the subject merchandise from Malaysia is currently calculated to be 162.59%, while the relative dumping margins for imports of the subject merchandise from Brazil, the Republic of Kazakhstan and the Russian Federation range from 20.00% to 212.49%. The Petitioners further allege that the Government of Malaysia has in place numerous subsidy programs to encourage and finance the production and the export of the subject merchandise.
 
Following this, the Petitioners are seeking for the US Department of Commerce to impose anti-dumping duties on imports of the subject merchandise from Brazil, Malaysia, the Republic of Kazakhstan and the Russian Federation in an amount equal to the amount by which the normal value exceeds the export price or constructed export price of the subject merchandise, and countervailing duties be imposed on imports of the subject merchandise in the amount of the net countervailable subsidies that are found.  
 
Please contact Ms. Lim Koon Huan (Partner), Mr. Manshan Singh (Partner) or Ms. Ho Pui Yan (Associate) of our Anti-Dumping and Trade Remedies Practice Group for further information.