HomeGAA in the MediaNewsArchiveGlobe, CC Metals & Alloys appeal Russian FeSi ruling


September 10, 2014
By Daniel Fitzgerald

Globe, CC Metals & Alloys appeal Russian FeSi ruling

NEW YORK - Globe Specialty Metals Inc. and CC Metals and Alloys LLC have launched an appeal against the U.S. Commerce Department's negative dumping determination on imports of Russian ferrosilicon.

William D. Kramer, attorney for the companies, filed a summons in the U.S. Court of International Trade as part of a civil action against Commerce.

The agency in July affirmed a preliminary ruling by its International Trade Administration (ITA) that assessed no margins on imports of Russian ferrosilicon (amm.com, July 25).

"We believe that in a number of important respects, (Commerce's) final determination was wrongly decided. A reversal of those elements of the decision would result in an affirmative final determination" Kramer said.

The "specific elements that are being challenged" will be revealed once the companies file their complaint, which is "the next step in the appeal," he said. "They relate primarily to how the department treated the sales of ferrosilicon in Russia that were compared to the U.S. sales of Russian imports in calculating the margin of dumping," Kramer said.

Miami-based Globe and Calvert City, Ky.-based CC Metals and Alloys had petitioned Commerce for an anti-dumping investigation in July 2013, alleging margins for Russian material ranged from 21.85 to 60.77 percent (amm.com, July 19, 2013).

ITA's preliminary ruling attracted the attention of Sen. Sherrod Brown (D., Ohio) and Sen. Charles Schumer (D., N.Y.), who cited allegations from Globe that Mishawaka, Ind.-based importer Russian Ferroalloys Inc. had "misreported critical facts needed to calculate the margin of dumping" during the investigation (amm.com, July 22).

Imports from Russia totaled 85,400 tonnes in 2013, valued at about $117.5 million.

Russian Ferroalloys representatives couldn't be reached for comment on the appeal.