Malaysia Ferrosilicon Gets Taxed: Yawn-Worthy Trade Fairness Move
Published Date: 3/28/2025
Notice
Summary
The U.S. Department of Commerce found that Malaysian ferrosilicon producers got unfair government help during 2023. Because of this, extra taxes (called countervailing duties) will be added to their products to keep things fair for U.S. businesses. These changes start on March 28, 2025, and could affect prices and trade with Malaysia.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
Suspension of Liquidation and Cash Deposit Effects
Commerce instructed U.S. Customs and Border Protection (CBP) to suspend liquidation and collect cash deposits for certain ferrosilicon entries. CBP collected deposits and suspended liquidation for OM Materials entries entered or withdrawn on or after September 10, 2024; CBP initially suspended Pertama entries entered or withdrawn on or after June 12, 2024 (90 days before the Preliminary Determination). Commerce instructed CBP to discontinue suspension of liquidation for entries on or after January 8, 2025 but to continue suspension for entries subject to suspension between June 12, 2024 and January 7, 2024. Because Commerce now finds no critical circumstances for Pertama, Commerce will direct CBP to terminate the retroactive suspension for Pertama and release any cash deposits required prior to September 10, 2024. For all other producers/exporters, Commerce is instructing CBP to suspend liquidation of entries that were entered or withdrawn for consumption 90 days prior to the date of publication of the Preliminary Determination in the Federal Register.
Possible Countervailing Duty Order After ITC Injury Decision
Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative subsidy determination, and the ITC will make its final injury determination no later than 45 days after Commerce's final determination. If the ITC finds material injury or threat of injury, Commerce will issue a countervailing duty order, reinstate suspension of liquidation, and require cash deposits of the estimated countervailing duties for affected entries (as described in the suspension dates above). If the ITC finds no injury, the proceeding will be terminated and deposited duties will be refunded.
Countervailing Duty Rates Set for Malaysian Ferrosilicon
Commerce determined countervailing subsidy rates for ferrosilicon imports from Malaysia for the period January 1, 2023 through December 31, 2023. The rates are 2.78 percent ad valorem for OM Materials (Sarawak) Sdn. Bhd., 3.48 percent for Pertama Ferroalloys Sdn. Bhd., and a 3.08 percent rate for all other producers/exporters. These rates are part of the final determination applicable March 28, 2025.
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Key Dates
Department and Agencies
Related Federal Register Documents
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Previous / Next Documents
Previous: 2025-05305, Ferrosilicon From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances
The U.S. Department of Commerce found that ferrosilicon from Malaysia is being sold in the U.S. for less than its fair price during 2023. This means importers might face extra duties starting March 28, 2025, to keep things fair for American businesses. If you’re involved in ferrosilicon trade, get ready for these changes that could affect costs and competition.
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