Unwrought Palladium from the Russian Federation: Final Affirmative Countervailing Duy Determination
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of unwrought palladium (palladium) from the Ru...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of unwrought palladium (palladium) from the Russian Federation (Russia). The period of investigation is January 1, 2024, through December 31, 2024.
DATES:
Applicable May 22, 2026.
FOR FURTHER INFORMATION CONTACT:
Kelsie Hohenberger, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2517.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 2026, Commerce published the
Preliminary Determination
in the
Federal Register
and invited interested parties to comment.[1]
On April 10, 2026, and April 15, 2026, we received a case brief and a rebuttal brief, respectively, from the Government of Russia (GOR) and the petitioners.[2]
A summary of the events that occurred since the
Preliminary Determination,
as well as a full discussion of the issues raised by interested parties for this final determination, may be found in the Issues and Decision Memorandum.[3]
The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
http://access.trade.gov.
In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at
https://access.trade.gov/frnotices.
Scope of the Investigation
The product covered by this investigation is palladium from Russia. For a complete description of the scope of this investigation,
see
Appendix I.
Scope Comments
No interested party commented on the scope of the investigation as it appeared in the
Preliminary Determination.
Therefore, no changes were made to the scope of the investigation.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs submitted by interested parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, which we addressed in the Issues and Decision Memorandum,
see
Appendix II to this notice.
Methodology
Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy,
i.e.,
a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific.[4]
For a full description of the methodology underlying our final determination,
see
the Issues and Decision Memorandum.
In making this final determination, Commerce relied, in part, on facts otherwise available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of adverse facts available,
see
the
Preliminary Determination[5]
and the Issues and Decision Memorandum at the section entitled “Use of Facts Otherwise Available and Application of Adverse Inferences.”
Verification
Because the mandatory company respondents in this investigation did not provide information requested by Commerce, and Commerce determined that these respondents were uncooperative, no verification was conducted.
All-Others Rate
Section 705(c)(5)(A) of the Act provides that Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and
de minimis
rates and any rates based entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual estimated countervailable subsidy rates established for all exporters and producers individually examined are zero,
de minimis,
or determined based entirely on facts otherwise available, Commerce may use “any reasonable method” to establish the estimated subsidy rate for all other producers and/or exporters. In this investigation, the estimated subsidy rate for the individually examined respondents is based entirely on facts available, pursuant to section 776 of the Act. The rate based on total facts available, therefore, is the only rate available in this proceeding for deriving the all-others rate. Consequently, the subsidy rate assigned to the mandatory respondents is also assigned as the subsidy rate for all other producers and/or exporters.
Final Determination
Commerce determines that the following estimated countervailable subsidy rates exist:
Company
Subsidy rate
(percent
ad valorem)
JSC Urals Innovative Technologies
* 109.10
Prioksky Plant of Non Ferrous Metals
* 109.10
All Others
109.10
* Rate based on facts available with adverse inferences.
Disclosure
Because we made no changes to the calculations of the rates assigned in the
Preliminary Determination,
there are no new calculations to disclose in accordance with 19 CFR 351.224(b) for this final determination.
( printed page 30284)
Continuation of Suspension of Liquidation
As a result of our
Preliminary Determination,
and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after March 11, 2026, the date of publication of the
Preliminary Determination
in the
Federal Register
.
If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or cancelled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the ITC of our final affirmative determination that countervailable subsidies are being provided to producers and exporters of palladium from Russia. Because Commerce's final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of palladium from Russia. In addition, we are making available to the ITC all non-privileged and non-proprietary information in our files, provided that the ITC confirms that it will not disclose such information, either publicly or under administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance.
Administrative Protective Order
In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: May 19, 2026.
Christopher Abbott,
Deputy Assistant Secretary, for Policy and Negotiations, performing the non-exclusive functions and duties, of the Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation is unwrought palladium. Unwrought palladium includes palladium, whether or not refined, in the form of ingots, blocks, lumps, billets, cakes, slabs, pigs, cathodes, anodes, briquettes, cubes, sticks, grains, sponge, pellets, shot, powder, and similar primary forms.
Unwrought palladium is covered by the scope regardless of production method. The scope includes unwrought palladium produced through ore extraction, unwrought palladium produced by recycling palladium-containing scrap, unwrought palladium produced by any other method, and blends of unwrought palladium produced by different methods.
The scope includes unwrought palladium that is commingled with unwrought palladium from sources not subject to this investigation or commingled with other metals. Only the subject unwrought palladium component of such commingled products is covered by the scope of this investigation.
Subject merchandise includes merchandise matching the above description that has been finished, packaged, or otherwise processed in a third country, including by refining, grinding, commingling, adding or removing additives (such as other metals), or performing any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the subject country.
The covered merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 7110.21.0000. Unwrought palladium meeting the scope description may also enter under HTSUS subheading 7110.29.0000. Although the HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Use of Facts Otherwise Available and Application of Adverse Inferences
IV. Analysis of Programs
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available (AFA) to the GOR
Comment 2: Whether Commerce Should Countervail via AFA Certain Income Tax Programs
Comment 3: Whether the AFA Rate Selected for the Certain Less Than Adequate Remuneration Programs is Appropriate
Comment 4: Whether Commerce Should Modify its Treatment of the Chinese Loans to Secure Natural Resources Program
VI. Recommendation
Footnotes
1.
See Unwrought Palladium from the Russian Federation: Preliminary Affirmative Countervailing Duty Determination,91 FR 11949 (March 11, 2026) (
Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM).
2.
See
GOR's Letter, “Case Brief of the Ministry of Economic Development of the Russian Federation,” dated April 10, 2026;
see also
Petitioners' Letter, “Rebuttal Brief,” dated April 15, 2026. The petitioners are Stillwater Mining Company d/b/a Sibanye-Stillwater and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC.
3.
See
Memorandum, “Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Unwrought Palladium from the Russian Federation,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
4.
See
sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.