Silicon Metal From the People's Republic of China: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order, 30841 [2017-13940]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Page 30841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13940]


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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 the Expedited Fourth Sunset Review of the Antidumping Duty Order

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

SUMMARY: As a result of this fourth sunset review, the Department of 
Commerce (the Department) finds that revocation of the antidumping duty 
order on silicon metal from the People's Republic of China (PRC) would 
be likely to lead to continuation or recurrence of dumping, at the 
level indicated in the ``Final Results of Sunset Review'' section of 
this notice, infra.

DATES: Effective July 3, 2017.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Howard Smith, AD/CVD 
Operations, Office 4, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4081 or (202) 482-5193, 
respectively.

Background

    On June 10, 1991, the Department published in the Federal Register 
the antidumping duty order on silicon metal from the PRC.\1\ On March 
3, 2017, the Department published the notice of initiation of the 
fourth sunset review of the Order, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\2\ On March 3, 2017, pursuant 
to 19 CFR 351.218(d)(1), the Department received a timely and complete 
notice of intent to participate in the sunset review from Globe 
Metallurgical, Inc., a domestic producer of silicon metal (Globe).\3\ 
This notice was filed within the time period specified in 19 CFR 
351.218(d)(1)(i).\4\ On March 24, 2017, pursuant to 19 CFR 
351.218(d)(3)(i), Globe filed a timely and adequate substantive 
response.\5\ The Department did not receive a substantive response from 
any respondent interested party. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited (120-day) fourth sunset review of the 
Order.
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    \1\ See Antidumping Duty Order: Silicon Metal From the People's 
Republic of China, 56 FR 26649 (June 10, 1991) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 82 FR 12438 
(March 3, 2017).
    \3\ See Letter from Domestic Interested Party (Globe) re Silicon 
Metal from the People's Republic of China; Fourth Sunset Review; 
Notice of Intent to Participate dated March 3, 2017.
    \4\ See Id.
    \5\ See Silicon Metal from the People's Republic of China; 
Fourth Sunset Review; Substantive Response of Globe Metallurgical 
Inc. to the Notice of Initiation, dated March 24, 2017 (Globe 
Substantive Response).
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Scope of the Order

    The merchandise covered by the order is silicon metal containing at 
least 96.00 percent, but less than 99.99 percent of silicon by weight. 
Also covered by the order is silicon metal containing between 89.00 and 
96.00 percent silicon by weight but which contains a higher aluminum 
content than the silicon metal containing at least 96.00 percent but 
less than 99.99 percent silicon by weight (58 FR 27542, May 10, 1993). 
Silicon metal is currently provided for under subheadings 2804.69.10 
and 2804.69.50 of the Harmonized Tariff Schedule (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 this order. Although the HTSUS numbers are provided for 
convenience and customs purposes, the written description remains 
dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
specifically the likelihood of continuation or recurrence of dumping 
and the magnitude of the margins likely to prevail if the Order were to 
be revoked, is provided in the accompanying Issues and Decision 
Memorandum, which is hereby adopted by this notice.\6\ 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 and in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed at https://enforcement.trade.gov/frn/. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
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    \6\ See Silicon Metal from the People's Republic of China: 
Issues and Decision Memorandum for the Expedited Fourth Sunset 
Review of the Antidumping Duty Order on Silicon Metal from the 
People's Republic of China dated (Issues and Decision Memorandum), 
dated concurrently with this notice.
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Final Results of Sunset Review

    Pursuant to section 752(c)(3) of the Act, the Department determines 
that revocation of the Order would likely lead to continuation or 
recurrence of dumping, and that the magnitude of the dumping margins 
likely to prevail would be weighted-average dumping margins up to 
139.49 percent.

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218.

    Dated: June 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-13940 Filed 6-30-17; 8:45 am]
 BILLING CODE 3510-DS-P