Silicon Metal From Brazil: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 37841-37843 [2017-17117]
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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
counties, local governments, and
planning agencies.
Estimated Number of Respondents:
3,801.
Estimated Time per Response:
Between 7 and 606 hours, estimated
average 40 hours.
Estimated Total Burden Hours:
152,040.
Estimated Total Annual Cost to
Public: $4,523,190.
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C.
Section 6.
The FTZ staff examiner reviewed the
application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR Sec.
400.36(f)), the application to establish
Subzone 12B was approved on July 14,
2017, subject to the FTZ Act and the
Board’s regulations, including Section
400.13, and further subject to FTZ 12’s
873.5-acre activation limit.
Dated: August 8, 2017.
Andrew McGilvray,
Executive Secretary.
IV. Request for Comments
[FR Doc. 2017–17120 Filed 8–11–17; 8:45 am]
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Summarization of comments
submitted in response to this notice will
be included in the request for OMB
approval of this information collection.
Comments will also become a matter of
public record.
BILLING CODE 3510–DS–P
Sheleen Dumas,
PRA Department Lead, Office of the Chief
Information Officer.
[FR Doc. 2017–17033 Filed 8–11–17; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–75–2017]
sradovich on DSK3GMQ082PROD with NOTICES
Approval of Subzone Status; Universal
Metal Products, Inc.; Pharr, Texas
On May 10, 2017, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by McAllen Foreign Trade
Zone, Inc., grantee of FTZ 12, requesting
subzone status subject to the existing
activation limit of FTZ 12, on behalf of
Universal Metal Products, Inc., in Pharr,
Texas.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (82 FR 25240, June 1, 2017).
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–851]
Silicon Metal From Brazil: Preliminary
Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of silicon metal
from Brazil. The period of investigation
is January 1, 2016, through December
31, 2016.
DATES: Effective August 14, 2017.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer or George Ayache, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–9068 or
(202) 482–2623, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on April 4, 2017.1 On May 16, 2017, the
Department postponed the preliminary
determination of this investigation and
the revised deadline is now August 7,
1 See Silicon Metal from Australia, Brazil, and
Kazakhstan: Initiation of Countervailing Duty
Investigations, 82 FR 16356 (April 4, 2017)
(Initiation Notice).
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Fmt 4703
Sfmt 4703
37841
2017.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is silicon metal from
Brazil. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage, (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 The
Department preliminarily is not
modifying the scope language as it
appeared in the Initiation Notice. See
Appendix I.
2 See Silicon Metal from Australia, Brazil and
Kazakhstan: Notice of Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 82 FR 22490 (May 16, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination: Countervailing Duty
Investigation of Silicon Metal from Brazil,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Silicon Metal from
Australia, Brazil, Kazakhstan, and Norway: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated June 27, 2017
(Preliminary Scope Decision Memorandum).
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37842
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
Methodology
The Department is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, the
Department preliminarily 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.7
In making these findings, the
Department relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to the
Department’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
On March 28, 2017, the Department
initiated this countervailing duty (CVD)
investigation of silicon metal from
Brazil.9 On the same day, the
Department also initiated antidumping
duty (AD) investigations of silicon metal
from Australia, Brazil, and Norway.10
This CVD investigation and the AD
investigations of Australia, Brazil, and
Norway cover the same class or kind of
merchandise.
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), the Department is
aligning the final CVD determination in
this investigation with the final
determinations in the companion AD
investigations of silicon metal from
Australia, Brazil, and Norway, based on
a request made by the petitioner.11
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determinations, which are currently
scheduled to be issued no later than
December 18, 2017, unless postponed.
sradovich on DSK3GMQ082PROD with NOTICES
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
7 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.
8 See sections 776(a) and (b) of the Act.
9 See Initiation Notice, 82 FR 16356.
10 See Silicon Metal from Australia, Brazil, and
Norway: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 16352 (April 4, 2017).
11 See Letter from the petitioner, ‘‘Silicon Metal
from Australia, Brazil, and Kazakhstan;
Countervailing Duty Investigations; Request for
Alignment of Final Determinations,’’ dated July 10,
2017.
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16:45 Aug 11, 2017
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determination, the Department 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.
In this investigation, the Department
preliminarily assigned a rate based
entirely on facts available to Ligas de
Aluminio S.A.—LIASA (LIASA).
Therefore, the only rate for an
individually-examined respondent that
is not zero, de minimis or based entirely
on facts otherwise available is the rate
calculated for Dow Corning Silicio do
´
´
Brasil Industria e Comercio Ltda. (DC
Silicio). Consequently, the rate
calculated for DC Silicio is also assigned
as the rate for all-other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
public announcement, within five days
of the publication date of this notice in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.13
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
Preliminary Determination
argument: (1) A statement of the issue;
The Department preliminarily
determines that the following estimated (2) a brief summary of the argument;
and (3) a table of authorities.
countervailable subsidy rates exist:
Pursuant to 19 CFR 351.310(c),
Subsidy rate
interested parties who wish to request a
Company
(percent)
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
Dow Corning Silicio do Brasil
written request to the Assistant
´ rcio
´
Industria e Come
Ltda12 ................................
3.69 Secretary for Enforcement and
Compliance, U.S. Department of
Ligas de Aluminio S.A.—
LIASA ................................
52.07 Commerce within 30 days after the date
All-Others ..............................
3.69 of publication of this notice. Requests
should contain the party’s name,
Suspension of Liquidation
address, and telephone number, the
number of participants, whether any
In accordance with section
participant is a foreign national, and a
703(d)(1)(B) and (d)(2) of the Act, the
list of the issues to be discussed. If a
Department will direct U.S. Customs
and Border Protection (CBP) to suspend request for a hearing is made, the
liquidation of entries of subject
Department intends to hold the hearing
merchandise as described in the scope
at the U.S. Department of Commerce,
of the investigation section entered, or
1401 Constitution Avenue NW.,
withdrawn from warehouse, for
Washington, DC 20230, at a time and
consumption on or after the date of
date to be determined. Parties should
publication of this notice in the Federal confirm by telephone the date, time, and
Register. Further, pursuant to 19 CFR
location of the hearing two days before
351.205(d), the Department will instruct the scheduled date.
CBP to require a cash deposit equal to
International Trade Commission
the rates indicated above.
Notification
Disclosure
In accordance with section 703(f) of
The Department intends to disclose to
the Act, the Department will notify the
interested parties its calculations and
International Trade Commission (ITC) of
analysis performed in this preliminary
its determination. If the final
determination within five days of its
determination is affirmative, the ITC
public announcement, or if there is no
will make its final injury determination
12 As discussed in the Preliminary Decision
before the later of 120 days after the date
Memorandum, the Department has found the
of this preliminary determination or 45
following companies to be cross-owned with Dow
days after the final determination.
´
´
Corning Silicio do Brasil Industria e Comercio
Ltda.: Palmyra Recursos Naturais Exploracao e
¸˜
´
´
Comercio Ltda. and Dow Corning Metais do Para
IND.
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Frm 00004
Fmt 4703
Sfmt 4703
13 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\14AUN1.SGM
14AUN1
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
Notification to Interested Parties
DATES:
Effective August 14, 2017.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
FOR FURTHER INFORMATION CONTACT:
Dated: August 7, 2017.
Carole Showers,
Executive Director, Office of Policy,
performing the duties of Deputy Assistant
Secretary for Enforcement and Compliance.
Katherine Johnson or John Anwesen,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4929 or
(202) 482–0131, respectively.
Appendix I
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The scope of this investigation covers all
forms and sizes of silicon metal, including
silicon metal powder. Silicon metal contains
at least 85.00 percent but less than 99.99
percent silicon, and less than 4.00 percent
iron, by actual weight. Semiconductor grade
silicon (merchandise containing at least
99.99 percent silicon by actual weight and
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 2804.61.0000) is excluded from
the scope of these investigations.
Silicon metal is currently classifiable
under subheadings 2804.69.1000 and
2804.69.5000 of the HTSUS. While HTSUS
numbers are provided for convenience and
customs purposes, the written description of
the scope remains dispositive.
Background
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Alignment
V. Injury Test
VI. Use of Facts Otherwise Available
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Conclusion
[FR Doc. 2017–17117 Filed 8–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Scope of the Investigation
[C–602–811]
Silicon Metal From Australia:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to a
producer/exporter of silicon metal from
Australia. The period of investigation is
January 1, 2016 through December 31,
2016.
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
16:45 Aug 11, 2017
Jkt 241001
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on April 4, 2017.1 On May 16, 2017, the
Department postponed the preliminary
determination of this investigation and
the revised deadline is now August 7,
2017.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
The product covered by this
investigation is silicon metal from
Australia. For a complete description of
the scope of this investigation, see
Appendix I.
1 See Silicon Metal from Australia, Brazil, and
Kazakhstan: Initiation of Countervailing Duty
Investigations, 82 FR 16356 (April 4, 2017)
(Initiation Notice).
2 See Silicon Metal from Australia, Brazil, and
Kazakhstan: Postponement of Preliminary
Determinations of Countervailing Duty
Investigations, 82 FR 22490 (May 16, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Silicon Metal
from Australia,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Fmt 4703
Sfmt 4703
37843
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage, (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 The
Department preliminarily is not
modifying the scope language as it
appeared in the Initiation Notice. See
Appendix I.
Methodology
The Department is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, the
Department preliminarily 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.7
Alignment
On March 28, 2017, the Department
initiated this countervailing duty (CVD)
investigation of silicon metal from
Australia.8 On the same day, the
Department also initiated antidumping
duty (AD) investigations of silicon metal
from Australia, Brazil, and Norway.9
This CVD investigation and the AD
investigations of Australia, Brazil, and
Norway cover the same class or kind of
merchandise.
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), the Department is
aligning the final CVD determination in
this investigation with the final
determinations in the companion AD
investigations of silicon metal from
Australia, Brazil, and Norway based on
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Silicon Metal from
Australia, Brazil, Kazakhstan, and Norway: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated June 27, 2017
(Preliminary Scope Decision Memorandum).
7 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.
8 See Initiation Notice.
9 See Silicon Metal from Australia, Brazil and
Norway: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 16352 (April 4, 2017).
E:\FR\FM\14AUN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37841-37843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17117]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-851]
Silicon Metal From Brazil: Preliminary Affirmative Countervailing
Duty Determination, and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of silicon metal from Brazil. The period of
investigation is January 1, 2016, through December 31, 2016.
DATES: Effective August 14, 2017.
FOR FURTHER INFORMATION CONTACT: Robert Palmer or George Ayache, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068 or (202)
482-2623, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on April 4,
2017.\1\ On May 16, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
August 7, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary 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 https://access.trade.gov, and
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\1\ See Silicon Metal from Australia, Brazil, and Kazakhstan:
Initiation of Countervailing Duty Investigations, 82 FR 16356 (April
4, 2017) (Initiation Notice).
\2\ See Silicon Metal from Australia, Brazil and Kazakhstan:
Notice of Postponement of Preliminary Determinations of Antidumping
Duty Investigations, 82 FR 22490 (May 16, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination: Countervailing Duty Investigation of Silicon Metal
from Brazil,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is silicon metal from
Brazil. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\ The
Department preliminarily is not modifying the scope language as it
appeared in the Initiation Notice. See Appendix I.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Silicon Metal from Australia, Brazil,
Kazakhstan, and Norway: Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated June 27, 2017 (Preliminary Scope
Decision Memorandum).
---------------------------------------------------------------------------
[[Page 37842]]
Methodology
The Department is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, the Department preliminarily 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.\7\
---------------------------------------------------------------------------
\7\ 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.
---------------------------------------------------------------------------
In making these findings, the Department relied, in part, on facts
available and, because it finds that one or more respondents did not
act to the best of their ability to respond to the Department's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\8\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
On March 28, 2017, the Department initiated this countervailing
duty (CVD) investigation of silicon metal from Brazil.\9\ On the same
day, the Department also initiated antidumping duty (AD) investigations
of silicon metal from Australia, Brazil, and Norway.\10\ This CVD
investigation and the AD investigations of Australia, Brazil, and
Norway cover the same class or kind of merchandise.
---------------------------------------------------------------------------
\9\ See Initiation Notice, 82 FR 16356.
\10\ See Silicon Metal from Australia, Brazil, and Norway:
Initiation of Less-Than-Fair-Value Investigations, 82 FR 16352
(April 4, 2017).
---------------------------------------------------------------------------
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department
is aligning the final CVD determination in this investigation with the
final determinations in the companion AD investigations of silicon
metal from Australia, Brazil, and Norway, based on a request made by
the petitioner.\11\ Consequently, the final CVD determination will be
issued on the same date as the final AD determinations, which are
currently scheduled to be issued no later than December 18, 2017,
unless postponed.
---------------------------------------------------------------------------
\11\ See Letter from the petitioner, ``Silicon Metal from
Australia, Brazil, and Kazakhstan; Countervailing Duty
Investigations; Request for Alignment of Final Determinations,''
dated July 10, 2017.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, the Department 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.
In this investigation, the Department preliminarily assigned a rate
based entirely on facts available to Ligas de Aluminio S.A.--LIASA
(LIASA). Therefore, the only rate for an individually-examined
respondent that is not zero, de minimis or based entirely on facts
otherwise available is the rate calculated for Dow Corning Silicio do
Brasil Ind[uacute]stria e Com[eacute]rcio Ltda. (DC Silicio).
Consequently, the rate calculated for DC Silicio is also assigned as
the rate for all-other producers and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Preliminary Determination
The Department preliminarily determines that the following
estimated countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Dow Corning Silicio do Brasil Ind[uacute]stria e 3.69
Com[eacute]rcio Ltda\12\...............................
Ligas de Aluminio S.A.--LIASA........................... 52.07
All-Others.............................................. 3.69
------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\12\ As discussed in the Preliminary Decision Memorandum, the
Department has found the following companies to be cross-owned with
Dow Corning Silicio do Brasil Ind[uacute]stria e Com[eacute]rcio
Ltda.: Palmyra Recursos Naturais Explora[ccedil][atilde]o e
Com[eacute]rcio Ltda. and Dow Corning Metais do Par[aacute] IND.
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In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
the Department will instruct CBP to require a cash deposit equal to the
rates indicated above.
Disclosure
The Department intends to disclose to interested parties its
calculations and analysis performed in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the publication date of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\13\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its determination.
If the final determination is affirmative, the ITC will make its final
injury determination before the later of 120 days after the date of
this preliminary determination or 45 days after the final
determination.
[[Page 37843]]
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: August 7, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers all forms and sizes of
silicon metal, including silicon metal powder. Silicon metal
contains at least 85.00 percent but less than 99.99 percent silicon,
and less than 4.00 percent iron, by actual weight. Semiconductor
grade silicon (merchandise containing at least 99.99 percent silicon
by actual weight and classifiable under Harmonized Tariff Schedule
of the United States (HTSUS) subheading 2804.61.0000) is excluded
from the scope of these investigations.
Silicon metal is currently classifiable under subheadings
2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are
provided for convenience and customs purposes, the written
description of the scope remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Alignment
V. Injury Test
VI. Use of Facts Otherwise Available
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Conclusion
[FR Doc. 2017-17117 Filed 8-11-17; 8:45 am]
BILLING CODE 3510-DS-P
