Silicon Metal From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 10477-10478 [2012-4127]
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Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
Assessment
DEPARTMENT OF COMMERCE
The Department will instruct CBP to
assess antidumping duties on all
appropriate entries. For IUSA,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
period November 22, 2010, through
October 31, 2011, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
International Trade Administration
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent increase in
the amount of antidumping duties
assessed.
Notification Regarding Administrative
Protective Order
srobinson on DSK4SPTVN1PROD with NOTICES
This notice serves as a final reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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 terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: February 15, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–4123 Filed 2–21–12; 8:45 am]
BILLING CODE 3510–DS–P
[A–570–806]
Silicon Metal From the People’s
Republic of China: Final Results of the
Expedited Third Sunset Review of the
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2011, the
Department of Commerce (‘‘the
Department’’) initiated the third sunset
review of the antidumping duty order
on silicon metal from the People’s
Republic of China (‘‘PRC’’) pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (‘‘the Act’’). Based on the
notice of intent to participate and
adequate substantive response filed by
the domestic interested party, and the
lack of response from any respondent
interested party, the Department
conducted an expedited (120-day)
sunset review of the antidumping duty
order on silicon metal from the PRC,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
As a result of this sunset review, the
Department finds that revocation of the
antidumping duty order would be likely
to lead to continuation or recurrence of
dumping, at the levels indicated in the
‘‘Final Results of Sunset Review’’
section of this notice, infra.
DATES: Effective Date: February 22,
2012.
FOR FURTHER INFORMATION CONTACT:
Patrick O’Connor or Howard Smith, AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0989 or (202) 482–
5193, respectively.
SUPPLEMENTARY INFORMATION: On June
10, 1991, the Department published the
antidumping duty order on silicon
metal from the PRC.1 On November 1,
2011, the Department published the
notice of initiation of the third sunset
review of the antidumping duty order
on silicon metal from the PRC, pursuant
to section 751(c) of the Act.2 On
November 16, 2011, pursuant to 19 CFR
351.218(d)(1), the Department received
a timely and complete notice of intent
to participate in the sunset review from
Globe Metallurgical, Inc., a domestic
AGENCY:
1 See Antidumping Duty Order: Silicon Metal
From the People’s Republic of China, 56 FR 26649
(June 10, 1991).
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 76
FR 67412 (November 1, 2011).
VerDate Mar<15>2010
16:37 Feb 21, 2012
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Sfmt 4703
10477
producer of silicon metal (‘‘Globe’’). On
December 1, 2011, pursuant to 19 CFR
351.218(d)(3), Globe filed a timely and
adequate substantive response. The
Department did not receive substantive
responses from any respondent
interested party. As a result, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted an expedited
(120-day) sunset review of the
antidumping duty order on silicon
metal from the PRC.
Scope of the Order
Imports covered by this review are
shipments of silicon metal containing at
least 96.00 but less than 99.99 percent
of silicon by weight. Also covered by
this review is silicon metal from the
PRC containing between 89.00 and
96.00 percent silicon by weight but
which contains a higher aluminum
content than the silicon metal
containing at least 96.00 percent but less
than 99.99 percent silicon by weight.
Silicon metal is currently provided for
under subheadings 2804.69.10 and
2804.69.50 of the Harmonized Tariff
Schedule (‘‘HTS’’) as a chemical
product, but is commonly referred to as
a metal. Semiconductor-grade silicon
(silicon metal containing by weight not
less than 99.99 percent of silicon and
provided for in subheading 2804.61.00
of the HTS) is not subject to this review.
Although the HTS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review is provided
in the accompanying Issues and
Decision Memorandum, which is hereby
adopted by this notice. See ‘‘Issues and
Decision Memorandum for the
Expedited Third Sunset Review of the
Antidumping Duty Order on Silicon
Metal from the People’s Republic of
China,’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for
Import Administration, dated
concurrently with this notice (‘‘I&D
Memorandum’’). The issues discussed
in the I&D Memorandum include the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins likely to prevail if the order is
revoked. The I&D Memorandum is a
public document and is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). Access to IA ACCESS is
E:\FR\FM\22FEN1.SGM
22FEN1
10478
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
available in the Central Records Unit
(‘‘CRU’’), room 7046 of the main
Department of Commerce building. In
addition, a complete version of the I&D
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
ia/. The signed I&D Memorandum and
the electronic versions of the I&D
Memorandum are identical in content.
Final Results of Sunset Review
The Department determines that
revocation of the antidumping duty
order on silicon metal from the PRC
would be likely to lead to continuation
or recurrence of dumping at the
following weighted-average margins:
Exporters
WeightedAverage
margin
(percent)
PRC-Wide Rate ........................
139.49
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act.
Dated: February 15, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–4127 Filed 2–21–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
srobinson on DSK4SPTVN1PROD with NOTICES
[C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Import Administration,
International Trade Administration,
Commerce.
AGENCY:
VerDate Mar<15>2010
16:37 Feb 21, 2012
Jkt 226001
FOR FURTHER INFORMATION CONTACT:
Gene Calvert, Jun Jack Zhao, or Emily
Halle, AD/CVD Operations, Office 6,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3586,
(202) 482–1396 or (202) 482–0176,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2011, based on a
timely request from the petitioner,
SolarWorld Industries America, Inc.
(Petitioner), the Department of
Commerce (the Department) extended
the due date for the preliminary
determination in the countervailing
duty investigation of crystalline silicon
photovoltaic cells, whether or not
assembled into modules, from the
People’s Republic of China, to no later
than February 13, 2012.1 Petitioner
made a second timely request on
January 19, 2012, to further postpone
the preliminary countervailing duty
determination by 18 days, to March 2,
2012, which the Department granted.2
Postponement of Due Date for the
Preliminary Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which the Department initiated
the investigation. However, if the
Department concludes that the parties
concerned in the investigation are
cooperating and determines that the
investigation is extraordinarily
complicated, section 703(c)(1)(B) of the
Act allows the Department to postpone
making the preliminary determination
until no later than 130 days after the
date on which the administering
authority initiated the investigation.
The Department has determined that
the parties involved in this proceeding
are cooperating, and that the
investigation is extraordinarily
complicated.3 The mandatory
respondents recently filed extensive
questionnaire responses and also
identified and included responses to the
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Postponement of
Preliminary Determination in the Countervailing
Duty Investigation, 76 FR 81914 (December 29,
2011).
2 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Second Postponement
of Preliminary Determination in the Countervailing
Duty Investigation, 77 FR 4764 (January 31, 2012).
3 See section 703(c)(1)(B) of the Act.
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Fmt 4703
Sfmt 4703
questionnaire for multiple cross-owned
affiliated companies, which now are
included in the investigation.4
Specifically, the Department is
investigating 27 alleged subsidy
programs including, but not limited to,
loans, grants, income tax incentives, and
the provision of goods and services for
less than adequate remuneration. Due to
the number of companies and the
complexity of the alleged
countervailable subsidy practices being
investigated, we determine that this
investigation is extraordinarily
complicated. Therefore, in accordance
with section 703(c)(1)(B) of the Act, we
are fully extending the due date for the
preliminary determination to no later
than 130 days after the day on which
the investigation was initiated.
However, as that date falls on a
Saturday (i.e., March 17, 2012), the
deadline for completion of the
preliminary determination is now
Monday, March 19, 2012, the next
business day.5
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: February 15, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–4119 Filed 2–21–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Quarterly Update to Annual Listing of
Foreign Government Subsidies on
Articles of Cheese Subject to an InQuota Rate of Duty
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 22,
2012.
FOR FURTHER INFORMATION CONTACT:
Gayle Longest, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
AGENCY:
4 See letter from Changzhou Trina Solar Energy
Co., Ltd., regarding, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China; CVD
Questionnaire Response of Changzhou Trina Solar
Energy Co., Ltd.,’’ dated January 31, 2012. See also
letter from Wuxi Suntech Power Co. Ltd., regarding,
‘‘Crystalline Silicon Photovoltaic (‘‘CSPV’’) Cells
from the People’s Republic of China: Countervailing
Duty Questionnaire Response of Wuxi Suntech
Power Co., Ltd.,’’ dated January 31, 2012.
5 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10477-10478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4127]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal From the People's Republic of China: Final Results
of the Expedited Third Sunset Review of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2011, the Department of Commerce (``the
Department'') initiated the third sunset review of the antidumping duty
order on silicon metal from the People's Republic of China (``PRC'')
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the
Act''). Based on the notice of intent to participate and adequate
substantive response filed by the domestic interested party, and the
lack of response from any respondent interested party, the Department
conducted an expedited (120-day) sunset review of the antidumping duty
order on silicon metal from the PRC, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this
sunset review, the Department finds that revocation of the antidumping
duty order would be likely to lead to continuation or recurrence of
dumping, at the levels indicated in the ``Final Results of Sunset
Review'' section of this notice, infra.
DATES: Effective Date: February 22, 2012.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor or Howard Smith, AD/
CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0989 or (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION: On June 10, 1991, the Department published
the antidumping duty order on silicon metal from the PRC.\1\ On
November 1, 2011, the Department published the notice of initiation of
the third sunset review of the antidumping duty order on silicon metal
from the PRC, pursuant to section 751(c) of the Act.\2\ On November 16,
2011, pursuant to 19 CFR 351.218(d)(1), the Department received a
timely and complete notice of intent to participate in the sunset
review from Globe Metallurgical, Inc., a domestic producer of silicon
metal (``Globe''). On December 1, 2011, pursuant to 19 CFR
351.218(d)(3), Globe filed a timely and adequate substantive response.
The Department did not receive substantive responses from any
respondent interested party. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted an expedited (120-day) sunset review of the
antidumping duty order on silicon metal from the PRC.
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Silicon Metal From the People's
Republic of China, 56 FR 26649 (June 10, 1991).
\2\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 67412
(November 1, 2011).
---------------------------------------------------------------------------
Scope of the Order
Imports covered by this review are shipments of silicon metal
containing at least 96.00 but less than 99.99 percent of silicon by
weight. Also covered by this review is silicon metal from the PRC
containing between 89.00 and 96.00 percent silicon by weight but which
contains a higher aluminum content than the silicon metal containing at
least 96.00 percent but less than 99.99 percent silicon by weight.
Silicon metal is currently provided for under subheadings 2804.69.10
and 2804.69.50 of the Harmonized Tariff Schedule (``HTS'') as a
chemical product, but is commonly referred to as a metal.
Semiconductor-grade silicon (silicon metal containing by weight not
less than 99.99 percent of silicon and provided for in subheading
2804.61.00 of the HTS) is not subject to this review. Although the HTS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise is dispositive.
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review is
provided in the accompanying Issues and Decision Memorandum, which is
hereby adopted by this notice. See ``Issues and Decision Memorandum for
the Expedited Third Sunset Review of the Antidumping Duty Order on
Silicon Metal from the People's Republic of China,'' from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for Import
Administration, dated concurrently with this notice (``I&D
Memorandum''). The issues discussed in the I&D Memorandum include the
likelihood of continuation or recurrence of dumping and the magnitude
of the margins likely to prevail if the order is revoked. The I&D
Memorandum is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
[[Page 10478]]
available in the Central Records Unit (``CRU''), room 7046 of the main
Department of Commerce building. In addition, a complete version of the
I&D Memorandum can be accessed directly on the internet at https://www.trade.gov/ia/. The signed I&D Memorandum and the electronic
versions of the I&D Memorandum are identical in content.
Final Results of Sunset Review
The Department determines that revocation of the antidumping duty
order on silicon metal from the PRC would be likely to lead to
continuation or recurrence of dumping at the following weighted-average
margins:
------------------------------------------------------------------------
Weighted-
Average
Exporters margin
(percent)
------------------------------------------------------------------------
PRC-Wide Rate............................................. 139.49
------------------------------------------------------------------------
Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: February 15, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-4127 Filed 2-21-12; 8:45 am]
BILLING CODE 3510-DS-P
