Silicon Metal from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 54563-54565 [2012-21879]

Download as PDF Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Notices presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 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 sanctionable violation. 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: August 29, 2012. Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–21877 Filed 9–4–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–806] Silicon Metal from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 7, 2012, the Department of Commerce (‘‘Department’’) published the preliminary results of the administrative review of the antidumping duty order on silicon metal from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is June 1, 2010, through May 31, 2011. Based on our analysis of the comments received, we have made changes to the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margin for Shanghai Jinneng International Trade Co., Ltd. (‘‘Shanghai Jinneng’’) is listed below in the section entitled ‘‘Final Results of the Review.’’ FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Howard Smith, AD/CVD Operations, Office 4, Import Administration, International Trade tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 19:14 Sep 04, 2012 Jkt 226001 Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3627, and (202) 482–5193, respectively. SUPPLEMENTARY INFORMATION: On March 7, 2012, the Department published Silicon Metal from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 77 FR 13534 (March 7, 2012) (‘‘Preliminary Results’’). On March 27, 2012, Shanghai Jinneng submitted additional surrogate value information.1 On March 30, 2012, the Department requested clarification of Shanghai Jinneng’s surrogate value submission and on April 4, 2012, Shanghai Jinneng responded to the Department’s request for clarification.2 On April 16, 2012, Globe Metallurgical Inc. (‘‘Petitioner’’) submitted rebuttal surrogate value information.3 On April 18, 2012, the Department requested clarification of Petitioner’s rebuttal surrogate value submission and on April 19, 2012, Petitioner responded to the Department’s request for clarification.4 On April 4, 2012, Petitioner requested additional time to submit case and rebuttal briefs.5 On April 5, 2012 the Department extended the deadline for filing case briefs until April 13, 2012, and extended the deadline for filing 1 See Letter from Shanghai Jinneng to the Honorable John Bryson, Secretary of Commerce, regarding, ‘‘Silicon Metal from the People’s Republic of China,’’ dated March 27, 2012. 2 See Letter from Howard Smith, Program Manager, AD/CVD Operations, Office 4 to All Interested Parties regarding, ‘‘Antidumping Duty Administrative Review of Silicon Metal from the People’s Republic of China: Surrogate Values Submission,’’ dated March 30, 2012. See also Letter from Shanghai Jinneng to the Honorable John Bryson, Secretary of Commerce, regarding, ‘‘Silicon Metal from the People’s Republic of China: Shanghai Jinneng International Trade Co., Ltd. —Supplement to Surrogate Value Submission,’’ dated April 4, 2012. 3 See Letter from Petitioner to the Honorable John Bryson, Secretary of Commerce, regarding ‘‘Silicon Metal From the People’s Republic of China; 2010– 11 Administrative Review; Submission of Factual Information to Rebut, Clarify, or Correct Surrogate Value Information Submitted by Shanghai Jinneng International Trade Co., Ltd.,’’ dated April 16, 2012 4 See Letter from Howard Smith, Program Manager, AD/CVD Operations, Office 4 to All Interested Parties regarding, ‘‘Antidumping Duty Administrative Review of Silicon Metal from the People’s Republic of China: Rebuttal Surrogate Values Submission,’’ dated April 18, 2012. See also Letter from Petitioner to the Honorable John Bryson, Secretary of Commerce, regarding, ‘‘Silicon Metal From the People’s Republic of China; 2010–11 Administrative Review; Response to Department Request for Information Regarding Globe’s Rebuttal Surrogate Value Submission,’’ dated April 4, 2012. 5 See Letter from Petitioner to the Honorable John Bryson, Secretary of Commerce, regarding ‘‘Silicon Metal From the People’s Republic of China; 2010– 11 Administrative Review; Request for Extension of Time to Submit Case and Rebuttal Briefs,’’ dated April 4, 2012. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 54563 rebuttal briefs until no later than five days after the time limit for filing the case briefs.6 On April 6, 2012, Shanghai Jinneng requested additional time to submit case and rebuttal briefs.7 On April 10, 2012, the Department extended the deadline for submitting case briefs until April 20, 2012 and extended the deadline for submitting rebuttal briefs until April 27, 2012.8 On April 24, 2012, Petitioner requested additional time for filing rebuttal case briefs and on April 26, 2012, the Department granted an extension until May 4, 2012 to file rebuttal briefs.9 On April 20, 2012, Petitioner and Shanghai Jinneng submitted case briefs and on May 4, 2012, both submitted rebuttal case briefs. On April 5, 2012, Petitioner requested a public hearing and a closed session of the hearing.10 On June 7, 2012, the Department held a hearing which was closed to the public, in part, pursuant to 19 CFR 351.310. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this review are addressed in the Memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the Final Results of the June 1, 2010 through May 31, 2011 Administrative Review of the Antidumping Duty Order on Silicon Metal from the People’s Republic of China,’’ dated August 29, 2012, which is hereby adopted by this 6 See Letter from Howard Smith, Program Manager, AD/CVD Operations, Office 4 to Interested Parties regarding, ‘‘Antidumping Duty Administrative Review of Silicon Metal from the People’s Republic of China for the period June 1, 2010 to May 31,2011,’’ dated April 5, 2012. 7 See Letter from Shanghai Jinneng to the Honorable John Bryson, Secretary of Commerce, regarding, ‘‘Silicon Metal from the People’s Republic of China,’’ dated April 6, 2012. 8 See Letter from Howard Smith, Program Manager, AD/CVD Operations, Office 4 to Interested Parties regarding, ‘‘Antidumping Duty Administrative Review of Silicon Metal from the People’s Republic of China for the period June 1, 2010 to May 31, 2011,’’ dated April 10, 2012. 9 See Letter from Petitioner to the Honorable John Bryson, Secretary of Commerce, regarding ‘‘Silicon Metal From the People’s Republic of China; 2010– 11 Administrative Review; Request for Extension of Time to Submit Rebuttal Briefs,’’ dated April 24, 2012 and Letter from Howard Smith, Program Manager, AD/CVD Operations, Office 4 to Interested Parties regarding, ‘‘Antidumping Duty Administrative Review of Silicon Metal from the People’s Republic of China for the period June 1, 2010 to May 31, 2011,’’ dated April 26, 2012. 10 See Letter from Petitioner to the Honorable John Bryson, Secretary of Commerce, regarding ‘‘Silicon Metal From the People’s Republic of China; 2010–11 Administrative Review; Request for Hearing and Closed Hearing Session,’’ dated April 5, 2012. E:\FR\FM\05SEN1.SGM 05SEN1 54564 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Notices notice (‘‘Issues and Decision Memorandum’’). A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// iaaccess.trade.gov and in the Central Records Unit, main Commerce building, Room 7046. In addition, a complete version of the Issues and Decision Memorandum is accessible on the Department’s Web site at http:// www.trade.gov/ia. The signed Issues and Decision Memorandum and electronic versions of the memorandum are identical in content. Changes Since the Preliminary Results Based on an analysis of the comments received, the Department has made the following changes: • Calculated a new surrogate value for labor using data reported by Thailand to the International Labour Organization (‘‘ILO’’) in Chapter 6A of the ILO Yearbook for total manufacturing labor from 2005.11 • Recalculated the factors of production to exclude the quantity of container cliff and edge silicon sold from the total production quantity.12 • Weight-averaged the transportation costs for Shanghai Jinneng’s quartz input.13 tkelley on DSK3SPTVN1PROD with NOTICES Period of Review The POR is June 1, 2010, through May 31, 2011. Scope of the Order Imports covered by the order are shipments of silicon metal containing at least 96.00 but less than 99.99 percent of silicon by weight. Also covered by the order is silicon metal from the PRC containing between 89.00 and 96.00 percent silicon by weight but which contain 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 of the United States (‘‘HTSUS’’) as a chemical product, but is commonly 11 See Issues and Decision Memorandum at Issue 12 See Issues and Decision Memorandum at Issue 13 See referred to as a metal. Semiconductorgrade silicon (silicon metal containing by weight not less than 99.99 percent of silicon and provided for in subheading 2804.61.00 of the HTSUS) is not subject to the order. Although the HTSUS subheadings are provided for convenience and for customs purposes, the written description of the merchandise is dispositive. Separate Rates In the Preliminary Results, we determined that Shanghai Jinneng demonstrated its eligibility for separaterate status.14 We have not received any information since the issuance of the Preliminary Results that provides a basis for reconsideration of this determination. Therefore, the Department continues to find that Shanghai Jinneng meets the criteria for a separate rate. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for Final Results of the Review consumption on or after the publication We determine that the following date, as provided for by section weighted-average percentage margin 751(a)(2)(C) of the Act: (1) For the exists for the POR: exporter listed above, the cash deposit rate will be the rate established in the Margin final results of this review (except, if the Exporter (percentage) rate is zero or de minimis, (i.e., less than 0.5 percent), a zero cash deposit rate Shanghai Jinneng International Trade Co., Ltd. .... 14.36 will be required for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed Disclosure above that have separate rates, the cash The Department intends to disclose deposit rate will continue to be the calculations performed for these final exporter-specific rate published for the results to the parties within five days of most recent period; (3) for all PRC the date of the public announcement of exporters of subject merchandise that the results of this review in accordance have not been found to be entitled to a with 19 CFR 351.224(b). separate rate, the cash deposit rate will be the PRC-wide rate of 139.49 17 Assessment Rates percent; and (4) for all non-PRC Pursuant to section 751(a)(2)(A) of the exporters of subject merchandise which Tariff Act of 1930, as amended (‘‘the have not received their own rate, the Act’’), and 19 CFR 351.212(b), the cash deposit rate will be the rate Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) applicable to the PRC exporter(s) that supplied that non-PRC exporter. These shall assess, antidumping duties on all deposit requirements, when imposed, appropriate entries covered by this review. The Department intends to issue shall remain in effect until further notice. assessment instructions to CBP 15 days after the publication date of the final Notification to Importers results of this review. In accordance This notice also serves as a final with 19 CFR 351.212(b)(1), we are reminder to importers of their calculating importer or customerresponsibility under 19 CFR 351.402(f) specific assessment rates for the to file a certificate regarding the merchandise subject to this review. reimbursement of antidumping duties Because we do not have entered values prior to liquidation of the relevant for all U.S. sales to a particular importer/customer, we are calculating a 15 See, e.g., Certain Cased Pencils From the per-unit assessment rate by aggregating People’s Republic of China: Final Results of the Antidumping Duty Administrative Review, 76 FR the antidumping duties due for all U.S. 27988, 27989 (May 13, 2011). sales to that importer (or customer) and 16 See 19 CFR 351.106(c)(2). dividing this amount by the total 17 See Final Determination of Sales at Less Than quantity sold to that importer (or Fair Value: Silicon Metal from the People’s Issues and Decision Memorandum at Issue 4. 2. 14 See 8. VerDate Mar<15>2010 19:14 Sep 04, 2012 Jkt 226001 customer).15 Where a customer-specific ad valorem rate is zero or de minimis (i.e., less than 0.50 percent), we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.16 To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer or customer-specific ad valorem ratios based on the estimated entered value. We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate. PO 00000 Preliminary Results, 77 FR at 13535. Frm 00011 Fmt 4703 Sfmt 4703 Republic of China, 56 FR 18570, 18571–2 (April 23, 1991). E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Notices 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 assessment of double antidumping duties. Notification to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under the 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. The Department is issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Appendix Issue 1: Whether the Department should reduce the U.S. Price by export tax and/or value-added tax. Issue 2: Whether to exclude container cliff and edge silicon from the reported production quantity. Issue 3: By-product offsets. Issue 4: Surrogate value for labor. Issue 5: The appropriate weight over which to allocate brokerage and handling expenses. Issue 6: Excluding certain expenses from brokerage and handling. Issue 7: Surrogate value for rail freight. Issue 8: Transportation cost for quartz. [FR Doc. 2012–21879 Filed 9–4–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration tkelley on DSK3SPTVN1PROD with NOTICES RIN 0648–XC192 Endangered and Threatened Species; Recovery Plans National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: 19:14 Sep 04, 2012 NMFS announces the adoption of a Final Endangered Species Act (ESA) recovery plan for the Central California Coast coho salmon (Oncorhynchus kisutch) Evolutionarily Significant Unit (ESU). The Final Recovery Plan for Central California Coast coho salmon (Final Recovery Plan) is now available. In addition, informative public meetings will be held (see below for dates and locations). ADDRESSES: Electronic copies of the Final Recovery Plan are available online at: http://www.nmfs.noaa.gov/pr/ recovery/plans/htm, http://swr.nmfs. noaa.gov/recovery/index.htm. A CD–ROM of the Final Recovery Plan can be obtained by emailing a request to Andrea.Berry@noaa.gov with the subject line ‘‘CD–ROM Request for CCC coho Salmon Recovery Plan’’, by phone at 707–200–2788, or by writing to NMFS Protected Resources Division, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404 ATTN: Recovery Coordinator. SUMMARY: FOR FURTHER INFORMATION CONTACT: Charlotte Ambrose, Central California Coast Recovery Coordinator by email to Charlotte.A.Ambrose@noaa.gov or by phone at 707–575–6068. SUPPLEMENTARY INFORMATION: Dated: August 29, 2012. Paul Piquado, Assistant Secretary for Import Administration. VerDate Mar<15>2010 Notice of Availability and notice of public meetings. ACTION: Jkt 226001 Background The Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.) requires that we (NOAA) develop and implement recovery plans for the conservation and survival of threatened and endangered species under our jurisdiction, unless it is determined that such plans would not result in the conservation of the species. We designated Central California Coast coho salmon as threatened in the Federal Register on October 21, 1996 (61 FR 56138). Due to severe declines, we uplisted the species to endangered status on June 28, 2005 (70 FR 37160). We published a Notice of Availability of the Draft Recovery Plan in the Federal Register on March 18, 2010 (75 FR 13081) and held three public meetings to obtain comments on the Draft Plan. In response to multiple requests, we extended the public comment period for an additional 60 days on May 7, 2010 (75 FR 25204). We received extensive comments on the Draft Plan, summarized the comments and identified the comments that prompted revisions for the Final Recovery Plan. We revised the Draft Plan based on the comments received, and this final version now constitutes the Recovery PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 54565 Plan for the Evolutionarily Significant Unit of Central California Coast Coho Salmon. The Final Plan The ESA requires that recovery plans incorporate, to the extent practicable: (1) Objective, measurable criteria which, when met, would result in a determination that the species is no longer threatened or endangered; (2) site-specific management actions necessary to achieve the plan’s goals; and (3) estimates of the time required and costs to implement recovery actions. Our goal is to restore endangered Central California Coast coho salmon to the point where they are again secure, self-sustaining members of their ecosystems and no longer need the protections of the ESA. The Final Recovery Plan provides background on the natural history of Central California Coast coho salmon, population trends and the potential threats to their viability. The Final Recovery Plan lays out a recovery strategy to address the potential threats based on the best available science and includes goals that incorporate objective, measurable criteria which, when met, would result in a determination that the species be removed from the list. The Final Recovery Plan is not regulatory, but presents guidance for use by agencies and interested parties to assist in the recovery of Central California Coast coho salmon. The Final Recovery Plan identifies substantive actions needed to achieve recovery by addressing the threats to the species. The strategy for recovery includes a linkage between management actions and an active research and monitoring program intended to fill data gaps and assess effectiveness. The Final Recovery Plan incorporates an adaptive management framework by which management actions and other elements will evolve and adapt as we gain information through research and monitoring and it describes the agency guidance on time lines for reviews of the status of species and recovery plans. To address threats related to the species, the Final Recovery Plan references many of the significant efforts already underway to restore Central California Coast coho salmon access to high quality habitat and to improve habitat previously degraded. We expect the Final Recovery Plan to help us and other Federal agencies take a consistent approach to section 7 consultations under the ESA and to other ESA decisions. For example, the Final Recovery Plan will provide information on the biological context for E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Pages 54563-54565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21879]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal from the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 7, 2012, the Department of Commerce (``Department'') 
published the preliminary results of the administrative review of the 
antidumping duty order on silicon metal from the People's Republic of 
China (``PRC''). The period of review (``POR'') is June 1, 2010, 
through May 31, 2011.
    Based on our analysis of the comments received, we have made 
changes to the margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping margin 
for Shanghai Jinneng International Trade Co., Ltd. (``Shanghai 
Jinneng'') is listed below in the section entitled ``Final Results of 
the Review.''

FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph 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-
3627, and (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION: On March 7, 2012, the Department published 
Silicon Metal from the People's Republic of China: Preliminary Results 
of Antidumping Duty Administrative Review, 77 FR 13534 (March 7, 2012) 
(``Preliminary Results'').
    On March 27, 2012, Shanghai Jinneng submitted additional surrogate 
value information.\1\ On March 30, 2012, the Department requested 
clarification of Shanghai Jinneng's surrogate value submission and on 
April 4, 2012, Shanghai Jinneng responded to the Department's request 
for clarification.\2\ On April 16, 2012, Globe Metallurgical Inc. 
(``Petitioner'') submitted rebuttal surrogate value information.\3\ On 
April 18, 2012, the Department requested clarification of Petitioner's 
rebuttal surrogate value submission and on April 19, 2012, Petitioner 
responded to the Department's request for clarification.\4\
---------------------------------------------------------------------------

    \1\ See Letter from Shanghai Jinneng to the Honorable John 
Bryson, Secretary of Commerce, regarding, ``Silicon Metal from the 
People's Republic of China,'' dated March 27, 2012.
    \2\ See Letter from Howard Smith, Program Manager, AD/CVD 
Operations, Office 4 to All Interested Parties regarding, 
``Antidumping Duty Administrative Review of Silicon Metal from the 
People's Republic of China: Surrogate Values Submission,'' dated 
March 30, 2012. See also Letter from Shanghai Jinneng to the 
Honorable John Bryson, Secretary of Commerce, regarding, ``Silicon 
Metal from the People's Republic of China: Shanghai Jinneng 
International Trade Co., Ltd. --Supplement to Surrogate Value 
Submission,'' dated April 4, 2012.
    \3\ See Letter from Petitioner to the Honorable John Bryson, 
Secretary of Commerce, regarding ``Silicon Metal From the People's 
Republic of China; 2010-11 Administrative Review; Submission of 
Factual Information to Rebut, Clarify, or Correct Surrogate Value 
Information Submitted by Shanghai Jinneng International Trade Co., 
Ltd.,'' dated April 16, 2012
    \4\ See Letter from Howard Smith, Program Manager, AD/CVD 
Operations, Office 4 to All Interested Parties regarding, 
``Antidumping Duty Administrative Review of Silicon Metal from the 
People's Republic of China: Rebuttal Surrogate Values Submission,'' 
dated April 18, 2012. See also Letter from Petitioner to the 
Honorable John Bryson, Secretary of Commerce, regarding, ``Silicon 
Metal From the People's Republic of China; 2010-11 Administrative 
Review; Response to Department Request for Information Regarding 
Globe's Rebuttal Surrogate Value Submission,'' dated April 4, 2012.
---------------------------------------------------------------------------

    On April 4, 2012, Petitioner requested additional time to submit 
case and rebuttal briefs.\5\ On April 5, 2012 the Department extended 
the deadline for filing case briefs until April 13, 2012, and extended 
the deadline for filing rebuttal briefs until no later than five days 
after the time limit for filing the case briefs.\6\ On April 6, 2012, 
Shanghai Jinneng requested additional time to submit case and rebuttal 
briefs.\7\ On April 10, 2012, the Department extended the deadline for 
submitting case briefs until April 20, 2012 and extended the deadline 
for submitting rebuttal briefs until April 27, 2012.\8\ On April 24, 
2012, Petitioner requested additional time for filing rebuttal case 
briefs and on April 26, 2012, the Department granted an extension until 
May 4, 2012 to file rebuttal briefs.\9\ On April 20, 2012, Petitioner 
and Shanghai Jinneng submitted case briefs and on May 4, 2012, both 
submitted rebuttal case briefs.
---------------------------------------------------------------------------

    \5\ See Letter from Petitioner to the Honorable John Bryson, 
Secretary of Commerce, regarding ``Silicon Metal From the People's 
Republic of China; 2010-11 Administrative Review; Request for 
Extension of Time to Submit Case and Rebuttal Briefs,'' dated April 
4, 2012.
    \6\ See Letter from Howard Smith, Program Manager, AD/CVD 
Operations, Office 4 to Interested Parties regarding, ``Antidumping 
Duty Administrative Review of Silicon Metal from the People's 
Republic of China for the period June 1, 2010 to May 31,2011,'' 
dated April 5, 2012.
    \7\ See Letter from Shanghai Jinneng to the Honorable John 
Bryson, Secretary of Commerce, regarding, ``Silicon Metal from the 
People's Republic of China,'' dated April 6, 2012.
    \8\ See Letter from Howard Smith, Program Manager, AD/CVD 
Operations, Office 4 to Interested Parties regarding, ``Antidumping 
Duty Administrative Review of Silicon Metal from the People's 
Republic of China for the period June 1, 2010 to May 31, 2011,'' 
dated April 10, 2012.
    \9\ See Letter from Petitioner to the Honorable John Bryson, 
Secretary of Commerce, regarding ``Silicon Metal From the People's 
Republic of China; 2010-11 Administrative Review; Request for 
Extension of Time to Submit Rebuttal Briefs,'' dated April 24, 2012 
and Letter from Howard Smith, Program Manager, AD/CVD Operations, 
Office 4 to Interested Parties regarding, ``Antidumping Duty 
Administrative Review of Silicon Metal from the People's Republic of 
China for the period June 1, 2010 to May 31, 2011,'' dated April 26, 
2012.
---------------------------------------------------------------------------

    On April 5, 2012, Petitioner requested a public hearing and a 
closed session of the hearing.\10\ On June 7, 2012, the Department held 
a hearing which was closed to the public, in part, pursuant to 19 CFR 
351.310.
---------------------------------------------------------------------------

    \10\ See Letter from Petitioner to the Honorable John Bryson, 
Secretary of Commerce, regarding ``Silicon Metal From the People's 
Republic of China; 2010-11 Administrative Review; Request for 
Hearing and Closed Hearing Session,'' dated April 5, 2012.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Memorandum from Gary Taverman, Senior 
Advisor for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the Final Results of the June 1, 2010 through 
May 31, 2011 Administrative Review of the Antidumping Duty Order on 
Silicon Metal from the People's Republic of China,'' dated August 29, 
2012, which is hereby adopted by this

[[Page 54564]]

notice (``Issues and Decision Memorandum''). A list of the issues which 
parties raised and to which we respond in the Issues and Decision 
Memorandum is attached to this notice as an Appendix. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the 
Central Records Unit, main Commerce building, Room 7046. In addition, a 
complete version of the Issues and Decision Memorandum is accessible on 
the Department's Web site at http://www.trade.gov/ia. The signed Issues 
and Decision Memorandum and electronic versions of the memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on an analysis of the comments received, the Department has 
made the following changes:
     Calculated a new surrogate value for labor using data 
reported by Thailand to the International Labour Organization (``ILO'') 
in Chapter 6A of the ILO Yearbook for total manufacturing labor from 
2005.\11\
---------------------------------------------------------------------------

    \11\ See Issues and Decision Memorandum at Issue 4.
---------------------------------------------------------------------------

     Recalculated the factors of production to exclude the 
quantity of container cliff and edge silicon sold from the total 
production quantity.\12\
---------------------------------------------------------------------------

    \12\ See Issues and Decision Memorandum at Issue 2.
---------------------------------------------------------------------------

     Weight-averaged the transportation costs for Shanghai 
Jinneng's quartz input.\13\
---------------------------------------------------------------------------

    \13\ See Issues and Decision Memorandum at Issue 8.
---------------------------------------------------------------------------

Period of Review

    The POR is June 1, 2010, through May 31, 2011.

Scope of the Order

    Imports covered by the order are shipments of silicon metal 
containing at least 96.00 but less than 99.99 percent of silicon by 
weight. Also covered by the order is silicon metal from the PRC 
containing between 89.00 and 96.00 percent silicon by weight but which 
contain 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 of the United States 
(``HTSUS'') 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 HTSUS) is not subject to the order. Although the 
HTSUS subheadings are provided for convenience and for customs 
purposes, the written description of the merchandise is dispositive.

Separate Rates

    In the Preliminary Results, we determined that Shanghai Jinneng 
demonstrated its eligibility for separate-rate status.\14\ We have not 
received any information since the issuance of the Preliminary Results 
that provides a basis for reconsideration of this determination. 
Therefore, the Department continues to find that Shanghai Jinneng meets 
the criteria for a separate rate.
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    \14\ See Preliminary Results, 77 FR at 13535.
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Final Results of the Review

    We determine that the following weighted-average percentage margin 
exists for the POR:

------------------------------------------------------------------------
                                                              Margin
                        Exporter                           (percentage)
------------------------------------------------------------------------
Shanghai Jinneng International Trade Co., Ltd...........           14.36
------------------------------------------------------------------------

Disclosure

    The Department intends to disclose calculations performed for these 
final results to the parties within five days of the date of the public 
announcement of the results of this review in accordance with 19 CFR 
351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (``the Act''), and 19 CFR 351.212(b), the Department will 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries covered by this 
review. The Department intends to issue assessment instructions to CBP 
15 days after the publication date of the final results of this review. 
In accordance with 19 CFR 351.212(b)(1), we are calculating importer or 
customer-specific assessment rates for the merchandise subject to this 
review. Because we do not have entered values for all U.S. sales to a 
particular importer/customer, we are calculating a per-unit assessment 
rate by aggregating the antidumping duties due for all U.S. sales to 
that importer (or customer) and dividing this amount by the total 
quantity sold to that importer (or customer).\15\ Where a customer-
specific ad valorem rate is zero or de minimis (i.e., less than 0.50 
percent), we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\16\ To determine whether the duty 
assessment rates are de minimis, in accordance with the requirement set 
forth in 19 CFR 351.106(c)(2), we calculated importer or customer-
specific ad valorem ratios based on the estimated entered value. We 
intend to instruct CBP to liquidate entries containing subject 
merchandise exported by the PRC-wide entity at the PRC-wide rate.
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    \15\ See, e.g., Certain Cased Pencils From the People's Republic 
of China: Final Results of the Antidumping Duty Administrative 
Review, 76 FR 27988, 27989 (May 13, 2011).
    \16\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter 
listed above, the cash deposit rate will be the rate established in the 
final results of this review (except, if the rate is zero or de 
minimis, (i.e., less than 0.5 percent), a zero cash deposit rate will 
be required for that company); (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recent period; (3) for all PRC exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 
139.49 \17\ percent; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter(s) that supplied 
that non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \17\ See Final Determination of Sales at Less Than Fair Value: 
Silicon Metal from the People's Republic of China, 56 FR 18570, 
18571-2 (April 23, 1991).
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant

[[Page 54565]]

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 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the 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.
    The Department is issuing and publishing these final results of 
administrative review in accordance with sections 751(a)(1) and 
777(i)(1) of the Act.

    Dated: August 29, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

Issue 1: Whether the Department should reduce the U.S. Price by export 
tax and/or value-added tax.
Issue 2: Whether to exclude container cliff and edge silicon from the 
reported production quantity.
Issue 3: By-product offsets.
Issue 4: Surrogate value for labor.
Issue 5: The appropriate weight over which to allocate brokerage and 
handling expenses.
Issue 6: Excluding certain expenses from brokerage and handling.
Issue 7: Surrogate value for rail freight.
Issue 8: Transportation cost for quartz.

[FR Doc. 2012-21879 Filed 9-4-12; 8:45 am]
BILLING CODE 3510-DS-P