September 29, 2014
By Daniel Fitzgerald

Errors claimed in FeSi case vs. Russia


NEW YORK - Globe Specialty Metals Inc. and CC Metals and Alloys LLC have filed a complaint against the U.S. Commerce Department, claiming the agency made numerous errors as part of its anti-dumping investigation into imports of Russian ferrosilicon.

The complaint, which is part of an appeal against Commerce's decision to assess no margins against imports of Russian ferrosilicon (, July 25), was filed Sept. 25 with the U.S. Court of International Trade.

The complaint alleges that Commerce made errors in comparing "the prices of the Russian parties' ferrosilicon sales in Russia to the prices of their sales in the United States" and when making "certain necessary adjustments, including the deduction of certain expenses from the selling prices," William D. Kramer, attorney at Washington-based DLA Piper LLP, representing plaintiffs, told AMM via e-mail.

"The errors include failures to use the correct sales in Russia and the correct product characteristics of the ferrosilicon sold in Russia in matching Russian and U.S. sales, with the result that Russian and U.S. sales were mismatched; the failure to include in the prices of the sales in Russia certain revenue received from the customer; use of the wrong interest rate in Russia to calculate certain imputed expenses; improper allocation of certain movement expenses incurred on U.S. sales; and use of the wrong method to compare sales in Russia to sales in the United States. These errors resulted in the calculation of an understated dumping margin," he said.

The complaint also alleges that Russian ferrosilicon importer RFA International LP "failed to disclose, mischaracterized or misreported essential information" during the investigation.

Commerce subsequently "failed to base the final determination on adverse facts available, when the conduct of the Russian respondent RFA International called for the application of (adverse facts available)," Kramer said.

But an attorney representing RFA refuted this claim. "CC Metals and Globe make claims in their complaint that are identical to claims they raised at the Department of Commerce. The department fully considered and rejected those claims and issued a lengthy decision explaining why. We expect the court to affirm the department's decision," Sydney H. Mintzer, partner in the international trade practice at Mayer Brown LLP, Washington, told AMM.

Miami-based Globe and Calvert City, Ky.-based CC Metals and Alloys had previously accused RFA of having "misreported critical facts" during Commerce's anti-dumping investigation, a claim that attracted the support from two U.S. senators (, Sept. 9).

"We're challenging the final determination because we believe that the Russian imports in fact were dumped and that the negative determination is the result of errors the Commerce Department made in calculating the margin of dumping. We expect the court to send the determination back to Commerce for reconsideration," Globe chief executive officer Jeff Bradley said via e-mail.