Silicomanganese From Australia: Final Determination of Sales at Less Than Fair Value, 8682-8684 [2016-03627]
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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
The meeting is open to the public.
The agenda will include time for people
to make oral statements of three minutes
or less. Individuals wishing to make an
oral statement should request in writing
by March 14, 2016 to be scheduled on
the agenda. Anyone who would like to
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the committee may file written
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comments and requests for time for oral
comments must be sent to Zach Rich,
Committee Coordinator, USDA,
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Ranger District, 825 N. Humboldt Ave.,
Willows, CA 95988; or by email to
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CONTACT. All reasonable
accommodation requests are managed
on a case by case basis.
Dated: February 8, 2016.
Eduardo Olmedo,
District Ranger.
County. Cummins has indicated that a
notification of proposed production
activity will be submitted. Such a
notification would be processed under
15 CFR 400.37.
In accordance with the FTZ Board’s
regulations, Elizabeth Whiteman of the
FTZ Staff is designated examiner to
review the application and make
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is April
4, 2016. Rebuttal comments in response
to material submitted during the
foregoing period may be submitted
during the subsequent 15-day period to
April 18, 2016.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Whiteman at
Elizabeth.Whiteman@trade.gov or (202)
482–0473.
Dated: February 17, 2016.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–03566 Filed 2–19–16; 8:45 am]
BILLING CODE 3411–15–P
[FR Doc. 2016–03629 Filed 2–19–16; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DS–P
Foreign-Trade Zones Board
DEPARTMENT OF COMMERCE
[B–8–2016]
mstockstill on DSK4VPTVN1PROD with NOTICES
Foreign-Trade Zone 23—Buffalo, New
York, Application for Subzone,
Cummins, Inc., Lakewood and
Jamestown, New York
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the County of Erie, grantee of FTZ 23,
requesting subzone status for the
facilities of Cummins, Inc. (Cummins),
located in Lakewood and Jamestown,
New York. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the FTZ Board (15 CFR
part 400). It was formally docketed on
February 17, 2016.
The proposed subzone would consist
of the following sites: Site 1 (107.02
acres) Jamestown Engine Plant, 4720
Baker Street Extension, Lakewood,
Chautauqua County; and Site 2 (14.86
acres) JAW Warehouse, 101–133 Jackson
Avenue, Jamestown, Chautauqua
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19:03 Feb 19, 2016
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Foreign-Trade Zones Board
[B–7–2016]
Foreign-Trade Zone (FTZ) 134—
Chattanooga, Tennessee; Notification
of Proposed Production Activity;
Volkswagen Group of America
Chattanooga Operations, LLC; (Motor
Vehicles); Chattanooga, Tennessee
The Chattanooga Chamber
Foundation, grantee of FTZ 134,
submitted a notification of proposed
production activity to the FTZ Board on
behalf of Volkswagen Group of America
Chattanooga Operations, LLC (VGACO),
located in Chattanooga, Tennessee. The
notification conforming to the
requirements of the regulations of the
FTZ Board (15 CFR 400.22) was
received on February 10, 2016.
VGACO already has authority to
produce passenger sedans, sport utility
vehicles, and minivans within Site 3 of
FTZ 134. The current request would add
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Sfmt 4703
certain foreign-status materials and
components to the scope of authority.
Pursuant to 15 CFR 400.14(b),
additional FTZ authority would be
limited to the specific foreign-status
materials and components and specific
finished products described in the
submitted notification (as described
below) and subsequently authorized by
the FTZ Board.
Production under FTZ procedures
could exempt VGACO from customs
duty payments on the foreign status
materials and components used in
export production. On its domestic
sales, VGACO would be able to choose
the duty rate during customs entry
procedures that applies to passenger
motor vehicles (duty rate 2.5%) for the
foreign status materials and components
noted below and in the existing scope
of authority. Customs duties also could
possibly be deferred or reduced on
foreign status production equipment.
The materials and components
sourced from abroad include: Plastic
hoses; door joint seals; USB hubs;
microphones; software; memory cards;
and, tip switches (duty rate ranges from
free to 3.1%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is April
4, 2016.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
FOR FURTHER INFORMATION CONTACT:
Pierre Duy at Pierre.Duy@trade.gov or
(202) 482–1378.
Dated: February 16, 2016.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–03633 Filed 2–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–808]
Silicomanganese From Australia: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\22FEN1.SGM
22FEN1
Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
The Department of Commerce
(‘‘the Department’’) determines that
imports of silicomanganese from
Australia are being 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
margins of sales at LTFV are listed
below in the section entitled ‘‘Final
Determination Margins.’’
DATES: Effective: February 22, 2016.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok or Robert Bolling, 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) 482–4162 or (202) 482–
3434, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
mstockstill on DSK4VPTVN1PROD with NOTICES
Background
On September 25, 2015, the
Department published in the Federal
Register the preliminary determination
in the LTFV investigation of
silicomanganese from Australia.1 In the
Preliminary Determination, we
postponed the final determination until
no later than 135 days after the date of
publication of the Preliminary
Determination in accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii) and invited parties
to comment on our Preliminary
Determination. Moreover, as explained
in the memorandum from the Acting
Assistant Secretary for Enforcement &
Compliance, the Department has
exercised its discretion to toll all
administrative deadlines due to the
recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the final
determination of this investigation is
now February 12, 2016.2
The following events have occurred
since the Preliminary Determination.
Between September 28, 2015, and
November 11, 2015, the Department
conducted sales and cost verifications of
the respondent in this investigation,
Tasmanian Electro Metallurgical
Company Pty Ltd. (‘‘TEMCO’’) and its
U.S. affiliate BHP Billiton Marketing
1 See Silicomanganese From Australia:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 80 FR 57787, (September 25, 2015)
(Preliminary Determination).
2 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016.
VerDate Sep<11>2014
19:03 Feb 19, 2016
Jkt 238001
Inc. On October 26, 2015, Felman
Production, LLC (‘‘Petitioners’’)
requested a hearing. On December 16,
2015, TEMCO and the Petitioners
submitted case briefs. On December 21,
2015, TEMCO and the Petitioners
submitted rebuttal case briefs. On
January 11, 2016, the Department held
a hearing in this investigation.
Period of Investigation
The period of investigation (‘‘POI’’) is
January 1, 2014, through December 31,
2014.
Scope of the Investigation
The product covered by this
investigation is silicomanganese from
Australia. For a full description of the
scope of the investigation, see Appendix
I to this notice.
Verification
As provided in section 782(i) of the
Act and 19 CFR 351.307(b)(1)(i), from
September 28, 2015 through November
11, 2015, we verified the sales and cost
information submitted by TEMCO 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
TEMCO.3
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
accompanying this notice, and which is
hereby adopted by this notice.4 A list of
the issues raised to which the
Department responded is attached to
3 See Memorandum to the File from Robert B.
Greger, Senior Accountant, through Taija A.
Slaughter, Lead Accountant, and Neal Halper,
Office Director, regarding ‘‘Verification of
Tasmanian Electro Metallurgical Company Pty Ltd.
in the Antidumping Duty Investigation of
Silicomanganese from Australia’’ (October 28,
2015); see also Memorandum to the File from Magd
Zalok and Lilit Astvatsatrian, Enforcement &
Compliance, Office IV, and David Richardson,
Office of the Chief Counsel for Enforcement &
Compliance, through Robert Bolling, Program
Manager, Enforcement & Compliance, Office IV,
regarding ‘‘Verification of the Sales Questionnaire
Responses of Tasmanian Electro Metallurgical
Company Pty Ltd: Antidumping Duty Investigation
of Silicomanganese from Australia’’ (December 3,
2015); see also Memorandum to the File from Magd
Zalok and Lilit Astvatsatrian, Enforcement &
Compliance, Office IV, through Robert Bolling,
Program Manager, Enforcement & Compliance,
Office IV, regarding ‘‘Verification of the Sales
Questionnaire Responses of BHP Billiton Marketing
Inc.: Antidumping Duty Investigation of
Silicomanganese from Australia,’’ (December 10,
2015).
4 See Silicomanganese from Australia: Issues and
Decision Memorandum for the Final Determination
of Sales at Less Than Fair Value (‘‘Issues and
Decision Memorandum’’).
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8683
this notice as Appendix II. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.trade.gov. The memorandum is
available to all parties in the Central
Records Unit, located at Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Changes to the Margin Calculation
Since the Preliminary Determination
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Determination, we made the following
changes to TEMCO’s margin calculation:
• We recalculated TEMCO’s indirect
selling expenses (‘‘ISE’’) incurred in the
United States based on verification
findings;
• We recalculated indirect selling
expenses incurred in the country of
manufacture to reflect minor corrections
and verification findings in the
calculation of the indirect selling
expense ratio;
• We eliminated from the U.S. and
home market sales databases the loading
charges reported under the fields
DLOADU and LOADH, because these
charges were double counted in that
they were also reported under the fields
PACK2H and PACKU;
• We corrected the CEP profit ratio
due to a programing error in the
Department’s margin calculation
program from the Preliminary
Determination.
• We adjusted the by-product offset
for silicomanganese fines generated
during production to reflect the POI perunit sales value.
• We adjusted the reported financial
expense ratio to exclude interest income
from long-term sources.
Final Determination Margins
The Department determines that the
following weighted-average dumping
margins exist for the period January 1,
2014, through December 31, 2014:
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8684
Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Exporter or producer
Weightedaverage
dumping
margin
(percent)
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we notified the U.S.
International Trade Commission (‘‘ITC’’)
Tasmanian Electro Metallurgical
of our final determination. As our final
Company Pty Ltd ....................
12.03 determination is affirmative, in
All-Others ....................................
12.03
accordance with section 735(b)(2) of the
Act, the ITC will determine within 45
All-Others Rate
days whether the domestic industry in
the United States is materially injured,
Section 735(c)(5)(A) of the Act
or threatened with material injury, by
provides that the estimated all-others
reason of imports or sales (or the
rate shall be an amount equal to the
likelihood of sales) for importation of
weighted-average of the estimated
the subject merchandise. If the ITC
weighted-average dumping margins
determines that such injury exists, the
established for exporters and producers
individually investigated excluding any Department will issue an antidumping
duty order directing CBP to assess, upon
zero or de minimis margins, and
further instruction by the Department,
margins determined entirely under
antidumping duties on appropriate
section 776 of the Act. In this
investigation, we calculated a weighted- imports of the subject merchandise
entered, or withdrawn from warehouse,
average dumping margin for TEMCO,
for consumption on or after the effective
the only respondent in this
date of the suspension of liquidation.
investigation, that is above de minimis
and which is not based on section 776
Return or Destruction of Proprietary
of the Act. Therefore, the Department
Information
assigned a margin to the all-others rate
This notice will serve as a reminder
companies based on TEMCO’s
to parties subject to administrative
weighted-average dumping margin.
protective order (‘‘APO’’) of their
Disclosure
responsibility concerning the
disposition of proprietary information
We will disclose the calculations
disclosed under APO in accordance
performed within five days of the date
with 19 CFR 351.305(a)(3). Timely
of any public announcement of this
written notification of the destruction of
notice to parties in this proceeding in
APO materials or conversion to judicial
accordance with 19 CFR 351.224(b).
protective order is hereby requested.
Failure to comply with the regulations
Suspension of Liquidation
and the terms of an APO is a
Pursuant to section 735(c)(1)(B) of the sanctionable violation.
Act, the Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’) Notification to Interested Parties
to continue to suspend liquidation of all
We are issuing and publishing this
of entries of silicomanganese from
determination and notice in accordance
Australia, which were entered, or
with sections 735(d) and 777(i)(1) of the
withdrawn from warehouse, for
Act.
consumption on or after September 25,
Dated: February 12, 2016.
2015, the date of publication of the
Paul Piquado,
Preliminary Determination. Further,
Assistant Secretary for Enforcement and
pursuant to CFR 351.210(d), the
Compliance.
Department will instruct CBP to require
Appendix I
a cash deposit equal to the amount by
which normal value exceeds U.S. price
Scope of the Investigation
as follows: (1) For TEMCO, the
The scope of this investigation covers all
mandatory respondent listed above, the
forms, sizes and compositions of
cash deposit rate will be equal to the
silicomanganese, except low-carbon
dumping margin which the Department silicomanganese, including silicomanganese
determined in this final determination;
briquettes, fines, and slag. Silicomanganese is
(2) if the exporter is not a mandatory
properly classifiable under subheading
7202.30.0000 of the Harmonized Tariff
respondent identified in this
Schedule of the United States (‘‘HTSUS’’).
investigation, but the producer is, the
Low-carbon silicomanganese is excluded
cash deposit rate will be the rate
from the scope of this investigation. Lowestablished for the producer of the
carbon silicomanganese is classifiable under
subject merchandise; and (3) the cash
HTSUS subheading 7202.30.0000. The
deposit rates for all other producers or
HTSUS subheadings are provided for
exporters will be 12.03 percent. The
convenience and customs purposes. The
suspension of liquidation instructions
written description of the scope is
will remain in effect until further notice. dispositive.
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19:03 Feb 19, 2016
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Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues
Issues:
Comment 1: Indirect Selling Expenses
Incurred in the United States
Comment 2: Constructed Export Price
Offset (‘‘CEP Offset’’)
Comment 3: CEP Profit Ratio
Comment 4: Double Counting of Packing/
Loading Expenses
Comment 5: Valuation of Ferromanganese
Slag
Comment 6: Inputs Purchased From
Interested Parties
Comment 7: Interest Income
V. Recommendation
[FR Doc. 2016–03627 Filed 2–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE454
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s (Council)
Tilefish Monitoring Committee will
hold a public meeting.
DATES: The meeting will be held
Tuesday, March 29, 2016, from 10 a.m.
to 12 p.m.
ADDRESSES: The meeting will be held
via WEBINAR with a telephone-only
connection option.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State St.,
Suite 201, Dover, DE 19901; telephone:
(302) 674–2331.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D. Executive
Director, Mid-Atlantic Fishery
Management Council; telephone: (302)
526–5255. The Council’s Web site,
www.mafmc.org also has details on the
proposed agenda, webinar listen-in
access, and briefing materials.
SUPPLEMENTARY INFORMATION: The
purpose of this meeting is for the
Monitoring Committee to review, and if
necessary, revise the current
management measures designed to
achieve the recommended Golden
Tilefish catch and landings limits for
2017.
SUMMARY:
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8682-8684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03627]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-808]
Silicomanganese From Australia: Final Determination of Sales at
Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 8683]]
SUMMARY: The Department of Commerce (``the Department'') determines
that imports of silicomanganese from Australia are being 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 margins of sales at LTFV are listed
below in the section entitled ``Final Determination Margins.''
DATES: Effective: February 22, 2016.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Robert Bolling, 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-
4162 or (202) 482-3434, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 25, 2015, the Department published in the Federal
Register the preliminary determination in the LTFV investigation of
silicomanganese from Australia.\1\ In the Preliminary Determination, we
postponed the final determination until no later than 135 days after
the date of publication of the Preliminary Determination in accordance
with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and
invited parties to comment on our Preliminary Determination. Moreover,
as explained in the memorandum from the Acting Assistant Secretary for
Enforcement & Compliance, the Department has exercised its discretion
to toll all administrative deadlines due to the recent closure of the
Federal Government. All deadlines in this segment of the proceeding
have been extended by four business days. The revised deadline for the
final determination of this investigation is now February 12, 2016.\2\
---------------------------------------------------------------------------
\1\ See Silicomanganese From Australia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 80 FR 57787, (September 25, 2015) (Preliminary
Determination).
\2\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------
The following events have occurred since the Preliminary
Determination. Between September 28, 2015, and November 11, 2015, the
Department conducted sales and cost verifications of the respondent in
this investigation, Tasmanian Electro Metallurgical Company Pty Ltd.
(``TEMCO'') and its U.S. affiliate BHP Billiton Marketing Inc. On
October 26, 2015, Felman Production, LLC (``Petitioners'') requested a
hearing. On December 16, 2015, TEMCO and the Petitioners submitted case
briefs. On December 21, 2015, TEMCO and the Petitioners submitted
rebuttal case briefs. On January 11, 2016, the Department held a
hearing in this investigation.
Period of Investigation
The period of investigation (``POI'') is January 1, 2014, through
December 31, 2014.
Scope of the Investigation
The product covered by this investigation is silicomanganese from
Australia. For a full description of the scope of the investigation,
see Appendix I to this notice.
Verification
As provided in section 782(i) of the Act and 19 CFR
351.307(b)(1)(i), from September 28, 2015 through November 11, 2015, we
verified the sales and cost information submitted by TEMCO 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 TEMCO.\3\
---------------------------------------------------------------------------
\3\ See Memorandum to the File from Robert B. Greger, Senior
Accountant, through Taija A. Slaughter, Lead Accountant, and Neal
Halper, Office Director, regarding ``Verification of Tasmanian
Electro Metallurgical Company Pty Ltd. in the Antidumping Duty
Investigation of Silicomanganese from Australia'' (October 28,
2015); see also Memorandum to the File from Magd Zalok and Lilit
Astvatsatrian, Enforcement & Compliance, Office IV, and David
Richardson, Office of the Chief Counsel for Enforcement &
Compliance, through Robert Bolling, Program Manager, Enforcement &
Compliance, Office IV, regarding ``Verification of the Sales
Questionnaire Responses of Tasmanian Electro Metallurgical Company
Pty Ltd: Antidumping Duty Investigation of Silicomanganese from
Australia'' (December 3, 2015); see also Memorandum to the File from
Magd Zalok and Lilit Astvatsatrian, Enforcement & Compliance, Office
IV, through Robert Bolling, Program Manager, Enforcement &
Compliance, Office IV, regarding ``Verification of the Sales
Questionnaire Responses of BHP Billiton Marketing Inc.: Antidumping
Duty Investigation of Silicomanganese from Australia,'' (December
10, 2015).
---------------------------------------------------------------------------
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
accompanying this notice, and which is hereby adopted by this
notice.\4\ A list of the issues raised to which the Department
responded is attached to this notice as Appendix II. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS''). ACCESS is available
to registered users at https://access.trade.gov. The memorandum is
available to all parties in the Central Records Unit, located at Room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\4\ See Silicomanganese from Australia: Issues and Decision
Memorandum for the Final Determination of Sales at Less Than Fair
Value (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
Changes to the Margin Calculation Since the Preliminary Determination
Based on a review of the record and comments received from
interested parties regarding our Preliminary Determination, we made the
following changes to TEMCO's margin calculation:
We recalculated TEMCO's indirect selling expenses
(``ISE'') incurred in the United States based on verification findings;
We recalculated indirect selling expenses incurred in the
country of manufacture to reflect minor corrections and verification
findings in the calculation of the indirect selling expense ratio;
We eliminated from the U.S. and home market sales
databases the loading charges reported under the fields DLOADU and
LOADH, because these charges were double counted in that they were also
reported under the fields PACK2H and PACKU;
We corrected the CEP profit ratio due to a programing
error in the Department's margin calculation program from the
Preliminary Determination.
We adjusted the by-product offset for silicomanganese
fines generated during production to reflect the POI per-unit sales
value.
We adjusted the reported financial expense ratio to
exclude interest income from long-term sources.
Final Determination Margins
The Department determines that the following weighted-average
dumping margins exist for the period January 1, 2014, through December
31, 2014:
[[Page 8684]]
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Tasmanian Electro Metallurgical Company Pty Ltd............. 12.03
All-Others.................................................. 12.03
------------------------------------------------------------------------
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
estimated weighted-average dumping margins established for exporters
and producers individually investigated excluding any zero or de
minimis margins, and margins determined entirely under section 776 of
the Act. In this investigation, we calculated a weighted-average
dumping margin for TEMCO, the only respondent in this investigation,
that is above de minimis and which is not based on section 776 of the
Act. Therefore, the Department assigned a margin to the all-others rate
companies based on TEMCO's weighted-average dumping margin.
Disclosure
We will disclose the calculations performed within five days of the
date of any public announcement of this notice to parties in this
proceeding in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Pursuant to 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 of entries of silicomanganese from
Australia, which were entered, or withdrawn from warehouse, for
consumption on or after September 25, 2015, the date of publication of
the Preliminary Determination. Further, pursuant to CFR 351.210(d), the
Department will instruct CBP to require a cash deposit equal to the
amount by which normal value exceeds U.S. price as follows: (1) For
TEMCO, the mandatory respondent listed above, the cash deposit rate
will be equal to the dumping margin which the Department determined in
this final determination; (2) if the exporter is not a mandatory
respondent identified in this investigation, but the producer is, the
cash deposit rate will be the rate established for the producer of the
subject merchandise; and (3) the cash deposit rates for all other
producers or exporters will be 12.03 percent. The suspension of
liquidation instructions will remain in effect until further notice.
International Trade Commission 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 subject merchandise. If the
ITC determines that such injury exists, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on appropriate
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 a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the 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.
Notification to Interested Parties
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i)(1) of the Act.
Dated: February 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers all forms, sizes and
compositions of silicomanganese, except low-carbon silicomanganese,
including silicomanganese briquettes, fines, and slag.
Silicomanganese is properly classifiable under subheading
7202.30.0000 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Low-carbon silicomanganese is excluded from the scope
of this investigation. Low-carbon silicomanganese is classifiable
under HTSUS subheading 7202.30.0000. The HTSUS subheadings are
provided for convenience and customs purposes. The written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues
Issues:
Comment 1: Indirect Selling Expenses Incurred in the United
States
Comment 2: Constructed Export Price Offset (``CEP Offset'')
Comment 3: CEP Profit Ratio
Comment 4: Double Counting of Packing/Loading Expenses
Comment 5: Valuation of Ferromanganese Slag
Comment 6: Inputs Purchased From Interested Parties
Comment 7: Interest Income
V. Recommendation
[FR Doc. 2016-03627 Filed 2-19-16; 8:45 am]
BILLING CODE 3510-DS-P
