HomeGAA in the MediaNewsArchiveSen. urges action in Russian ferrosilicon duty trade case


American Metal Market
May 26, 2014
By Daniel Fitzgerald

Sen. urges action in Russian ferrosilicon duty trade case

NEW YORK - Sen. Sherrod Brown (D., Ohio) has accused Russian ferrosilicon exporters of undermining the U.S. Commerce Department's anti-dumping investigation by "withholding key information necessary to determine the duties that would be imposed on Russian imports."

Brown urged Commerce to "take action if Russia continues to impede an investigation into unfairly traded imports of ferrosilicon from Russia," in a letter sent to Secretary of Commerce Penny Pritzker.

"I am troubled by reports that Russian producers are impeding the investigation by changing and withholding key information needed to determine the dumping margin properly. Specifically, the respondents have withheld necessary data about their home market sales process, products sold, and dates of sale, all of which are critical to the Department's calculations. The concealment and misreporting of this information led to a negative preliminary determination," Brown wrote in the letter. 

"Critical omissions continue to exist. The Department has the authority to base its decision on 'adverse facts available' when respondents undermine the investigation by failing to cooperate or withholding key facts needed to make the dumping determination. I urge Commerce to use this authority if it finds that Russian producers have impeded the investigation."

New York-based Globe Specialty Metals Inc. informed Brown's staff about the reports.

Commerce's International Trade Administration (ITA) in March issued a preliminary decision imposing no duties on Russian imports (amm.com, March 5). The U.S. International Trade Commission (ITC) has scheduled a July 29 hearing as part of the final phase of its anti-dumping investigation (amm.com, March 31).

Brown said in a statement that his letter is "aimed at protecting jobs at American manufacturers" such as Globe Specialty Metals. Globe was one of the original petitioners for an anti-dumping investigation into Russian and Venezuelan ferrosilicon imports (amm.com, July 19).

"A ferrosilicon plant in Ohio has been injured by the Russian imports, and it is critical that the Department issue a final determination that will allow U.S. producers and their workers to compete with the dumped imports on a fair basis," Brown wrote in the letter.

However, RFA International LP-a major importer of Russian ferrosilicon-has hit back at Brown's claims.

"It is unfortunate that parties in this investigation have made these false claims and continue to peddle them to members of Congress," RFA president Doug Anderson told AMM via e-mail May 23. "In fact, just yesterday (May 22), Commerce issued a report indicating that the data submitted by RFA International LF was materially accurate and complete. Indeed, that report was issued after Commerce analysts spent several days on-site at the exporting plant auditing the data submitted in advance of the preliminary determination that resulted in a zero duty."

AMM was unable to obtain this report.