Ferrosilicon From Venezuela: Final Determination of Sales at Less Than Fair Value, 44397-44399 [2014-18061]

Download as PDF Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices of an antidumping duty cash deposit on the total entered value of the panel/ module equal to the exporter specific rate in effect at the time of the entry. International Trade Commission (‘‘ITC’’) Notification In accordance with section 733(f) of the Act, we have notified the ITC of our preliminary affirmative determination of sales at LTFV. Because the preliminary determination in this proceeding is affirmative, section 735(b)(2) of the Act requires that the ITC make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of certain solar products from Taiwan before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. Because we are postponing the deadline for our final determination to 135 days from the date of publication of this preliminary determination, as discussed above, the ITC will make its final determination no later than 45 days after our final determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: July 24, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. wreier-aviles on DSK5TPTVN1PROD with NOTICES Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Period of Investigation 4. Postponement of Preliminary Determination 5. Postponement of Final Determination and Extension of Provisional Measures 6. Scope of the Investigation 7. Scope Comments 8. Selection of Respondents 9. Discussion of Methodology 10. Fair Value Comparisons A. Determination of Comparison Method B. Results of the Differential Pricing Analysis 11. Product Comparisons 12. Exclusions of Reported Indirect Sales to China for Gintech and Motech 13. Exclusions of Further Manufactured Sales for Motech 14. Date of Sale 15. Export Price/Constructed Export Price A. Gintech B. Motech 16. Normal Value A. Home-Market Viability B. Affiliated Party Transactions and Arm’sLength Test C. Level of Trade a. Gintech VerDate Mar<15>2010 17:50 Jul 30, 2014 Jkt 232001 b. Motech D. Cost of Production a. Calculation of Cost of Production b. Test of Comparison Market Prices c. Results of the Cots of Production Test E. Calculation of Normal Value Based on Comparison Market Prices 17. Currency Conversion 18. Verification 19. Conclusion [FR Doc. 2014–18055 Filed 7–30–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–307–824] Ferrosilicon From Venezuela: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) determines that ferrosilicon from Venezuela is being, or is likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 735 of the Tariff Act of 1930, as amended (‘‘the Act’’). The final weighted-average dumping margin is listed below in the section entitled ‘‘Final Determination Margins.’’ DATES: Effective Date: July 31, 2014. FOR FURTHER INFORMATION: Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 11, 2014, the Department published in the Federal Register the preliminary determination of sales at LTFV in the antidumping duty (‘‘AD’’) investigation of ferrosilicon from Venezuela.1 The following events occurred since we issued the Preliminary Determination. On February 24, 2014, FerroVen submitted comments regarding the security situation in Venezuela, explaining the risks posed to FerroVen staff and Department representatives by 1 See Ferrosilicon From Venezuela: Preliminary Determination of Sales at Less Than Fair Value and Postponement of the Final Determination, 79 FR 13619 (March 11, 2014) (‘‘Preliminary Determination’’) and accompanying Preliminary Decision Memorandum (‘‘Preliminary Decision Memorandum’’). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 44397 an on-site verification in Venezuela.2 FerroVen included in its comments news articles and the U.S. State Department’s travel warnings regarding Venezuela, noting that the unrest was not limited to Caracas, but was also occurring in Puerto Ordaz, the location of FerroVen’s facility.3 On March 7, 2014, we issued a letter to the mandatory respondent in this investigation, FerroAtlantica de Venezuela (‘‘FerroVen’’), in which we accepted its proposal to conduct the verification which would normally occur in Venezuela in Medina, Ohio, the location of FerroVen’s U.S. affiliate, FerroAtlantica North America.4 Specifically, we stated that ‘‘in light of the evolving security threat to an on-site verification conducted in a country in the midst of civil unrest, the Department has decided that such a threat would not be conducive to the efficient completion of an on-site verification or the safety of all persons involved.’’ 5 On April 9, 2014, CC Metals and Alloys, LLC and Globe Specialty Metals, Inc. (‘‘Petitioners’’) filed pre-verification comments for the U.S. sales verification that occurred from April 21, 2014, through April 23, 2014.6 The Department conducted the home market sales verification from April 24, 2014, through April 30, 2014.7 On May 9, 2014, Petitioners filed pre-verification comments 8 for the cost verification that occurred from May 12, 2014, through May 16, 2014, in Madrid, Spain.9 On April 10, 2014, Petitioners and FerroVen requested that the Department hold a hearing in this investigation.10 2 See Letter to the Secretary of Commerce from FerroVen ‘‘Letter Regarding Situation in Venezuela’’ (February 24, 2014). 3 Id. 4 See Letter to FerroVen from Catherine Bertrand, Program Manager, Office V, regarding security situation in Venezuela (March 7, 2014). 5 Id. 6 See Letter from Petitioners ‘‘Ferrosilicon From Venezuela; CC Metals and Alloys, LLC and Globe Specialty Metals, Inc. U.S. Sales Verification Comments’’ (April 9, 2014); Letter to FerroVen from Catherine Bertrand, Program Manager, Office V ‘‘CEP Verification Agenda’’ (April 7, 2014). 7 See Letter to FerroVen from Catherine Bertrand, Program Manager, Office V ‘‘Verification Agenda’’ (April 7, 2014). 8 See Letter from Petitioners ‘‘Ferrosilicon From Venezuela; CC Metals and Alloys, LLC and Globe Specialty Metals, Inc. Cost Verification Comments’’ (May 9, 2014). 9 See Letter to FerroVen from Michael Martin, Lead Accountant, Office of Accounting ‘‘Antidumping Duty Investigation of Ferrosilicon from Venezuela’’ (April 25, 2014). 10 See Letter from Petitioners ‘‘Ferrosilicon From Venezuela; Investigation; CC Metals and Alloys, LLC and Globe Specialty Metals, Inc. Request for Hearing’’ (April 10, 2014); Letter to the Secretary of Commerce from FerroVen ‘‘Ferrosilicon from Venezuela. Case No. A–307–824: Request for Hearing’’ (April 10, 2014). E:\FR\FM\31JYN1.SGM 31JYN1 44398 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices On June 30, 2014, Petitioners and FerroVen withdrew their requests for a hearing.11 The Department issued the home market and U.S. sales verification reports on June 4, 2014,12 and the cost verification report on June 17, 2014.13 On June 26, 2014, Petitioners and FerroVen filed case briefs.14 On July 3, 2014, Petitioners and FerroVen filed rebuttal briefs.15 Period of Investigation The period of investigation (‘‘POI’’) is July 1, 2012, through June 30, 2013. Scope of the Investigation The merchandise covered by this investigation is all forms and sizes of ferrosilicon, regardless of grade, including ferrosilicon briquettes. Ferrosilicon is a ferroalloy containing by weight four percent or more iron, more than eight percent but not more than 96 percent silicon, three percent or less phosphorus, 30 percent or less manganese, less than three percent magnesium, and 10 percent or less any other element. The merchandise covered also includes product described as slag, if the product meets these specifications. Ferrosilicon is currently classified under U.S. Harmonized Tariff Schedule wreier-aviles on DSK5TPTVN1PROD with NOTICES 11 See Letter Commerce from Petitioners ‘‘Ferrosilicon From Venezuela; Investigation; Withdrawal of Request for Hearing’’ (June 30, 2014); Letter from FerroVen ‘‘Ferrosilicon from Venezuela. Case No. A–307–824: Withdrawal of Hearing Request’’ (June 30, 2014). 12 See Memorandum to the File from Kabir Archuletta, Senior International Trade Analyst, Office V, and Irene Gorelik, Senior International Trade Analyst, Office V, through Catherine Bertrand, Program Manager, Office V ‘‘Verification of Home Market Sales of FerroAtlantica de Venezuela (‘FerroVen’) in the Antidumping Duty Investigation of Ferrosilicon from Venezuela’’ (June 4, 2014) (‘‘HM Verification Report’’); Memorandum to the File from Kabir Archuletta, Senior International Trade Analyst, Office V, and Irene Gorelik, Senior International Trade Analyst, Office V, through Catherine Bertrand, Program Manager, Office V ‘‘Verification of FerroAtlantica North America in the Antidumping Duty Investigation of Ferrosilicon from Venezuela’’ (June 4, 2014) (‘‘CEP Verification Report’’). 13 See Memorandum to the File from Laurens van Houten, Senior Accountant, through Michael Martin, Lead Accountant, and Neal Halper, Office Director ‘‘Verification of the Cost Response Ferro Atlantica de Venezuela in the Antidumping Duty Investigation of Ferrosilicon from Venezuela’’ (June 17, 2014) (‘‘Cost Verification Report’’). 14 See Letter from Petitioners ‘‘Ferrosilicon From Venezuela; Investigation; Case Brief of CC Metals and Alloys, LLC and Globe Specialty Metals, Inc.’’ (June 26, 2014); Letter from FerroVen ‘‘Ferrosilicon from Venezuela, Case No. A–307–824: Case Brief’’ (June 26, 2014). 15 See Letter from Petitioners ‘‘Ferrosilicon From Venezuela; Investigation; Rebuttal Brief of CC Metals and Alloys, LLC and Globe Specialty Metals, Inc.’’ (June 26, 2014); Letter from FerroVen ‘‘Ferrosilicon from Venezuela, Case No. A–307–824: Rebuttal Brief’’ (June 26, 2014). VerDate Mar<15>2010 17:50 Jul 30, 2014 Jkt 232001 (‘‘HTSUS’’) subheadings 7202.21.1000, 7202.21.5000, 7202.21.7500, 7202.21.9000, 7202.29.0010, and 7202.29.0050. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Producer or exporter FerroAtlantica de Venezuela 18 .. All Others .................................... Weightedaverage dumping margin (percent) 22.84 22.84 Analysis of Comments Received All Others Rate All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum 16 which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// iaaccess.trade.gov and it is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Section 735(c)(5)(A) of the Act provides that the estimated ‘‘all others’’ rate shall be an amount equal to the weighted average of the weightedaverage dumping margins calculated for the producers or exporters individually examined, excluding rates that are zero, de minimis or determined entirely under section 776 of the Act. Since we calculated a weighted-average dumping margin for only one respondent that was not zero, de minimis, or determined entirely under section 776 of the Act, we assigned to all other producers and exporters the rate calculated for FerroVen, 22.84 percent. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, in April and May 2014, we verified the sales and cost information submitted by FerroVen for use in our final determination. We used standard verification procedures including an examination of relevant accounting and production records, and original source documents provided by FerroVen.17 Final Determination The weighted-average dumping margins are as follows: Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations ‘‘Issues and Decision Memorandum for the Antidumping Duty Investigation of Ferrosilicon from Venezuela’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’). 17 See HM Verification Report; CEP Verification Report; Cost Verification Report. PO 00000 16 See Frm 00016 Fmt 4703 Sfmt 4703 Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend liquidation of all appropriate entries of ferrosilicon from Venezuela as described in the ‘‘Scope of the Investigation’’ section, which was entered, or withdrawn from warehouse, for consumption on or after March 11, 2014, the date of publication of the Preliminary Determination. CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as follows: (1) The rate for FerroVen will be the rate we have determined in this final determination; (2) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the merchandise under consideration; (3) the rate for all other producers or 18 In this final determination, we determine that FerroAtlantica de Venezuela and FerroAtlantica, S.A., constitute a single entity. See Issues and Decision Memorandum at Comment 1, and Memorandum to the File from Kabir Archuletta, Senior International Trade Analyst, Office V, through Catherine Bertrand, Program Manager, Office V ‘‘Calculations Performed for FerroAtlantica de Venezuela for the Final Determination in the Antidumping Duty Investigation of Ferrosilicon from Venezuela’’ (July 24, 2014), at 2–3. E:\FR\FM\31JYN1.SGM 31JYN1 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices exporters will be 22.84 percent, as discussed in the ‘‘All Others Rate’’ section, above. These instructions suspending liquidation will remain in effect until further notice. U.S. International Trade Commission (‘‘ITC’’) Notification In accordance with section 735(d) of the Act, we notified the U.S. International Trade Commission (‘‘ITC’’) of our final determination. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act the ITC will determine within 45 days whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the merchandise under consideration. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Return or Destruction of Proprietary Information This notice will serve as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act. Dated: July 24, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. wreier-aviles on DSK5TPTVN1PROD with NOTICES Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Margin Calculations V. Discussion of the Issues 1. Whether FerroVen and FASA Should Be Treated as a Single Entity 2. FerroVen’s Purchases of Quartz 3. FerroVen’s HM Interest Rate 4. U.S. Import Duties 5. Tax Adjustment to Certain HM Sales Based on Verification Observations 6. CEP Offset VerDate Mar<15>2010 14:56 Jul 30, 2014 Jkt 232001 7. General and Administrative Expense 8. Depreciation 9. Financial Expense Ratio 10. FASA’s G&A Rate VI. Recommendation [FR Doc. 2014–18061 Filed 7–30–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–010] Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) preliminarily determines that certain crystalline silicon photovoltaic products (‘‘certain solar products’’) from the People’s Republic of China (‘‘PRC’’) are being, or are likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 733(b) of the Tariff Act of 1930, as amended (‘‘the Act’’). The period of investigation (‘‘POI’’) is April 1, 2013, through September 30, 2013. The estimated weighted-average dumping margins of sales at LTFV are shown in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: July 31, 2014. FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen or Thomas Martin, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2769 or (202) 482– 3936, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department published the notice of initiation of this investigation on January 29, 2014.1 Pursuant to section 733(c)(1)(B) of the Act, the Department postponed this preliminary LTFV determination by a period of 43 days.2 1 See Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China and Taiwan: Initiation of Antidumping Duty Investigations, 79 FR 4661 (January 29, 2014) (‘‘Initiation Notice’’). 2 See Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China and PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 44399 Scope of the Investigation The merchandise covered by this investigation is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. For purposes of this investigation, subject merchandise also includes modules, laminates and/or panels assembled in the subject country consisting of crystalline silicon photovoltaic cells that are completed or partially manufactured within a customs territory other than that subject country, using ingots that are manufactured in the subject country, wafers that are manufactured in the subject country, or cells where the manufacturing process begins in the subject country and is completed in a non-subject country. Subject merchandise includes crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this investigation are any products covered by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People’s Republic of China. See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012). Also excluded from the scope of this investigation are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer Taiwan: Postponement of Preliminary Determination of Antidumping Duty Investigations, 79 FR 30084 (May 27, 2014). E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44397-44399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18061]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-307-824]


Ferrosilicon From Venezuela: Final Determination of Sales at Less 
Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') determines 
that ferrosilicon from Venezuela is being, or is likely to be, sold in 
the United States at less than fair value (``LTFV''), as provided in 
section 735 of the Tariff Act of 1930, as amended (``the Act''). The 
final weighted-average dumping margin is listed below in the section 
entitled ``Final Determination Margins.''

DATES: Effective Date: July 31, 2014.

FOR FURTHER INFORMATION: Kabir Archuletta, AD/CVD Operations, Office V, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    On March 11, 2014, the Department published in the Federal Register 
the preliminary determination of sales at LTFV in the antidumping duty 
(``AD'') investigation of ferrosilicon from Venezuela.\1\ The following 
events occurred since we issued the Preliminary Determination.
---------------------------------------------------------------------------

    \1\ See Ferrosilicon From Venezuela: Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of the Final 
Determination, 79 FR 13619 (March 11, 2014) (``Preliminary 
Determination'') and accompanying Preliminary Decision Memorandum 
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------

    On February 24, 2014, FerroVen submitted comments regarding the 
security situation in Venezuela, explaining the risks posed to FerroVen 
staff and Department representatives by an on-site verification in 
Venezuela.\2\ FerroVen included in its comments news articles and the 
U.S. State Department's travel warnings regarding Venezuela, noting 
that the unrest was not limited to Caracas, but was also occurring in 
Puerto Ordaz, the location of FerroVen's facility.\3\ On March 7, 2014, 
we issued a letter to the mandatory respondent in this investigation, 
FerroAtlantica de Venezuela (``FerroVen''), in which we accepted its 
proposal to conduct the verification which would normally occur in 
Venezuela in Medina, Ohio, the location of FerroVen's U.S. affiliate, 
FerroAtlantica North America.\4\ Specifically, we stated that ``in 
light of the evolving security threat to an on-site verification 
conducted in a country in the midst of civil unrest, the Department has 
decided that such a threat would not be conducive to the efficient 
completion of an on-site verification or the safety of all persons 
involved.'' \5\
---------------------------------------------------------------------------

    \2\ See Letter to the Secretary of Commerce from FerroVen 
``Letter Regarding Situation in Venezuela'' (February 24, 2014).
    \3\ Id.
    \4\ See Letter to FerroVen from Catherine Bertrand, Program 
Manager, Office V, regarding security situation in Venezuela (March 
7, 2014).
    \5\ Id.
---------------------------------------------------------------------------

    On April 9, 2014, CC Metals and Alloys, LLC and Globe Specialty 
Metals, Inc. (``Petitioners'') filed pre-verification comments for the 
U.S. sales verification that occurred from April 21, 2014, through 
April 23, 2014.\6\ The Department conducted the home market sales 
verification from April 24, 2014, through April 30, 2014.\7\ On May 9, 
2014, Petitioners filed pre-verification comments \8\ for the cost 
verification that occurred from May 12, 2014, through May 16, 2014, in 
Madrid, Spain.\9\
---------------------------------------------------------------------------

    \6\ See Letter from Petitioners ``Ferrosilicon From Venezuela; 
CC Metals and Alloys, LLC and Globe Specialty Metals, Inc. U.S. 
Sales Verification Comments'' (April 9, 2014); Letter to FerroVen 
from Catherine Bertrand, Program Manager, Office V ``CEP 
Verification Agenda'' (April 7, 2014).
    \7\ See Letter to FerroVen from Catherine Bertrand, Program 
Manager, Office V ``Verification Agenda'' (April 7, 2014).
    \8\ See Letter from Petitioners ``Ferrosilicon From Venezuela; 
CC Metals and Alloys, LLC and Globe Specialty Metals, Inc. Cost 
Verification Comments'' (May 9, 2014).
    \9\ See Letter to FerroVen from Michael Martin, Lead Accountant, 
Office of Accounting ``Antidumping Duty Investigation of 
Ferrosilicon from Venezuela'' (April 25, 2014).
---------------------------------------------------------------------------

    On April 10, 2014, Petitioners and FerroVen requested that the 
Department hold a hearing in this investigation.\10\

[[Page 44398]]

On June 30, 2014, Petitioners and FerroVen withdrew their requests for 
a hearing.\11\
---------------------------------------------------------------------------

    \10\ See Letter from Petitioners ``Ferrosilicon From Venezuela; 
Investigation; CC Metals and Alloys, LLC and Globe Specialty Metals, 
Inc. Request for Hearing'' (April 10, 2014); Letter to the Secretary 
of Commerce from FerroVen ``Ferrosilicon from Venezuela. Case No. A-
307-824: Request for Hearing'' (April 10, 2014).
    \11\ See Letter Commerce from Petitioners ``Ferrosilicon From 
Venezuela; Investigation; Withdrawal of Request for Hearing'' (June 
30, 2014); Letter from FerroVen ``Ferrosilicon from Venezuela. Case 
No. A-307-824: Withdrawal of Hearing Request'' (June 30, 2014).
---------------------------------------------------------------------------

    The Department issued the home market and U.S. sales verification 
reports on June 4, 2014,\12\ and the cost verification report on June 
17, 2014.\13\ On June 26, 2014, Petitioners and FerroVen filed case 
briefs.\14\ On July 3, 2014, Petitioners and FerroVen filed rebuttal 
briefs.\15\
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    \12\ See Memorandum to the File from Kabir Archuletta, Senior 
International Trade Analyst, Office V, and Irene Gorelik, Senior 
International Trade Analyst, Office V, through Catherine Bertrand, 
Program Manager, Office V ``Verification of Home Market Sales of 
FerroAtlantica de Venezuela (`FerroVen') in the Antidumping Duty 
Investigation of Ferrosilicon from Venezuela'' (June 4, 2014) (``HM 
Verification Report''); Memorandum to the File from Kabir 
Archuletta, Senior International Trade Analyst, Office V, and Irene 
Gorelik, Senior International Trade Analyst, Office V, through 
Catherine Bertrand, Program Manager, Office V ``Verification of 
FerroAtlantica North America in the Antidumping Duty Investigation 
of Ferrosilicon from Venezuela'' (June 4, 2014) (``CEP Verification 
Report'').
    \13\ See Memorandum to the File from Laurens van Houten, Senior 
Accountant, through Michael Martin, Lead Accountant, and Neal 
Halper, Office Director ``Verification of the Cost Response Ferro 
Atlantica de Venezuela in the Antidumping Duty Investigation of 
Ferrosilicon from Venezuela'' (June 17, 2014) (``Cost Verification 
Report'').
    \14\ See Letter from Petitioners ``Ferrosilicon From Venezuela; 
Investigation; Case Brief of CC Metals and Alloys, LLC and Globe 
Specialty Metals, Inc.'' (June 26, 2014); Letter from FerroVen 
``Ferrosilicon from Venezuela, Case No. A-307-824: Case Brief'' 
(June 26, 2014).
    \15\ See Letter from Petitioners ``Ferrosilicon From Venezuela; 
Investigation; Rebuttal Brief of CC Metals and Alloys, LLC and Globe 
Specialty Metals, Inc.'' (June 26, 2014); Letter from FerroVen 
``Ferrosilicon from Venezuela, Case No. A-307-824: Rebuttal Brief'' 
(June 26, 2014).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (``POI'') is July 1, 2012, through June 
30, 2013.

Scope of the Investigation

    The merchandise covered by this investigation is all forms and 
sizes of ferrosilicon, regardless of grade, including ferrosilicon 
briquettes. Ferrosilicon is a ferroalloy containing by weight four 
percent or more iron, more than eight percent but not more than 96 
percent silicon, three percent or less phosphorus, 30 percent or less 
manganese, less than three percent magnesium, and 10 percent or less 
any other element. The merchandise covered also includes product 
described as slag, if the product meets these specifications.
    Ferrosilicon is currently classified under U.S. Harmonized Tariff 
Schedule (``HTSUS'') subheadings 7202.21.1000, 7202.21.5000, 
7202.21.7500, 7202.21.9000, 7202.29.0010, and 7202.29.0050. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum 
\16\ which is hereby adopted by this notice. A list of the issues 
raised is attached to this notice as Appendix I. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and it is 
available to all parties in the Central Records Unit, room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/. The signed and electronic versions 
of the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \16\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations 
``Issues and Decision Memorandum for the Antidumping Duty 
Investigation of Ferrosilicon from Venezuela'' dated concurrently 
with this notice (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations. For a 
discussion of these changes, see the ``Margin Calculations'' section of 
the Issues and Decision Memorandum.

Verification

    As provided in section 782(i) of the Act, in April and May 2014, we 
verified the sales and cost information submitted by FerroVen for use 
in our final determination. We used standard verification procedures 
including an examination of relevant accounting and production records, 
and original source documents provided by FerroVen.\17\
---------------------------------------------------------------------------

    \17\ See HM Verification Report; CEP Verification Report; Cost 
Verification Report.
---------------------------------------------------------------------------

Final Determination

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
FerroAtlantica de Venezuela \18\............................       22.84
All Others..................................................       22.84
------------------------------------------------------------------------

All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
weighted-average dumping margins calculated for the producers or 
exporters individually examined, excluding rates that are zero, de 
minimis or determined entirely under section 776 of the Act. Since we 
calculated a weighted-average dumping margin for only one respondent 
that was not zero, de minimis, or determined entirely under section 776 
of the Act, we assigned to all other producers and exporters the rate 
calculated for FerroVen, 22.84 percent.
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    \18\ In this final determination, we determine that 
FerroAtlantica de Venezuela and FerroAtlantica, S.A., constitute a 
single entity. See Issues and Decision Memorandum at Comment 1, and 
Memorandum to the File from Kabir Archuletta, Senior International 
Trade Analyst, Office V, through Catherine Bertrand, Program 
Manager, Office V ``Calculations Performed for FerroAtlantica de 
Venezuela for the Final Determination in the Antidumping Duty 
Investigation of Ferrosilicon from Venezuela'' (July 24, 2014), at 
2-3.
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Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of ferrosilicon from 
Venezuela as described in the ``Scope of the Investigation'' section, 
which was entered, or withdrawn from warehouse, for consumption on or 
after March 11, 2014, the date of publication of the Preliminary 
Determination. CBP shall require a cash deposit equal to the estimated 
amount by which the normal value exceeds the U.S. price as follows: (1) 
The rate for FerroVen will be the rate we have determined in this final 
determination; (2) if the exporter is not a firm identified in this 
investigation but the producer is, the rate will be the rate 
established for the producer of the merchandise under consideration; 
(3) the rate for all other producers or

[[Page 44399]]

exporters will be 22.84 percent, as discussed in the ``All Others 
Rate'' section, above. These instructions suspending liquidation will 
remain in effect until further notice.

U.S. International Trade Commission (``ITC'') Notification

    In accordance with section 735(d) of the Act, we notified the U.S. 
International Trade Commission (``ITC'') of our final determination. As 
our final determination is affirmative, in accordance with section 
735(b)(2) of the Act the ITC will determine within 45 days whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the merchandise under 
consideration. If the ITC determines that such injury does exist, the 
Department will issue an antidumping duty order directing CBP to 
assess, upon further instruction by the Department, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Return or Destruction of Proprietary Information

    This notice will serve as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: July 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
    1. Whether FerroVen and FASA Should Be Treated as a Single 
Entity
    2. FerroVen's Purchases of Quartz
    3. FerroVen's HM Interest Rate
    4. U.S. Import Duties
    5. Tax Adjustment to Certain HM Sales Based on Verification 
Observations
    6. CEP Offset
    7. General and Administrative Expense
    8. Depreciation
    9. Financial Expense Ratio
    10. FASA's G&A Rate
VI. Recommendation

[FR Doc. 2014-18061 Filed 7-30-14; 8:45 am]
BILLING CODE 3510-DS-P