Silicon Metal From the Republic of Kazakhstan: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 37847-37849 [2017-17112]
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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
Dated: August 9, 2017.
James Maeder,
Senior Director, perfoming the Duties of
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–17114 Filed 8–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–834–808]
Silicon Metal From the Republic of
Kazakhstan: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of silicon metal
from the Republic of Kazakhstan
(Kazakhstan). The period of
investigation is January 1, 2016, through
December 31, 2016.
DATES: Effective August 14, 2017.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova or Rebecca Janz,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1280 or
(202) 482–2972, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
sradovich on DSK3GMQ082PROD with NOTICES
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on April 4, 2017.1 On May 16, 2017, the
Department postponed the preliminary
determination of this investigation and
the revised deadline is now August 7,
2017.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 Tau-Ken
1 See Silicon Metal from Australia, Brazil, and
Kazakhstan: Initiation of Countervailing Duty
Investigations, 82 FR 16356 (April 4, 2017)
(Initiation Notice).
2 See Silicon Metal From Australia, Brazil, and
Kazakhstan: Postponement of Preliminary
Determinations of Countervailing Duty
Investigations, 82 FR 22490 (May 16, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Silicon Metal
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Temir LLP (Tau-Ken Temir), a producer
and exporter of silicon metal from
Kazakhstan, is the sole mandatory
respondent for which we have
determined there were exports during
the period of investigation to the United
States. A list of topics discussed in the
Preliminary Decision Memorandum is
included as Appendix II to this notice.
The Preliminary 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 is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Scope of the Investigation
The product covered by this
investigation is silicon metal from
Kazakhstan. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 The
Department preliminarily is not
modifying the scope language as it
appeared in the Initiation Notice. See
Appendix I.
Methodology
The Department is conducting this
investigation in accordance with section
from the Republic of Kazakhstan,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Silicon Metal from
Australia, Brazil, Kazakhstan, and Norway: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated June 27, 2017
(Preliminary Scope Decision Memorandum).
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37847
701 of the Act. For each of the subsidy
programs found countervailable, the
Department preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7
In its questionnaire responses, TauKen Temir refused to provide the
Department with requested information
or analyze whether its cross-owned
companies received countervailable
subsidies.8 Furthermore, the
Government of Kazakhstan’s (GOK)’s
initial questionnaire response was
wholly deficient with respect to an
allegation that electricity was sold to
Tau-Ken Temir for less than adequate
remuneration, and its supplemental
response regarding this allegation was
untimely filed.9 Thus, the Department
has relied on facts available as part of
its analysis. Additionally, because we
find that Tau-Ken Temir and the GOK
did not act to the best of their abilities
to respond to the Department’s requests
for information and, therefore, impeded
this investigation, we drew an adverse
inference where appropriate in selecting
from among the facts otherwise
available.10 For further information, see
‘‘Use of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Decision Memorandum.
Alignment
On March 28, 2017, the Department
initiated this countervailing duty (CVD)
investigation of silicon metal from
Kazakhstan.11 On the same day, the
Department also initiated antidumping
duty (AD) investigations of silicon metal
from Australia, Brazil, and Norway.12
This CVD investigation and the AD
investigations of Australia, Brazil, and
Norway cover the same class or kind of
merchandise.
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), the Department is
aligning the final CVD determination in
this investigation with the final
determinations in the companion AD
investigations of silicon metal from
Australia, Brazil, and Norway based on
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See Tau-Ken Temir’s Supplemental Affiliation
Response, dated May 15, 2017 (Tau-Ken Temir May
15, 2017 SAFFR).
9 See GOK’s June 1, 2017 Initial Questionnaire
Response (GOK June 1, 2017 IQR).
10 See sections 776(a) and (b) of the Act.
11 See Initiation Notice, 82 FR 16356.
12 See Silicon Metal from Australia, Brazil, and
Norway: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 16352 (April 4, 2017).
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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
a request made by the petitioner.13
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determinations for Australia, Brazil, and
Norway, which are currently scheduled
to be issued no later than December 18,
2017, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, the Department shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero or de
minimis rates and any rates based
entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of
the Act, if the individual estimated
countervailable subsidy rates
established for all exporters and
producers individually examined are
zero, de minimis, or determined based
entirely on facts otherwise available, the
Department may use any reasonable
method to establish the estimated
subsidy rate for all-other producers or
exporters.
In this investigation, the Department
preliminarily assigned a rate based
entirely on facts available to Tau-Ken
Temir. Accordingly, we are using ‘‘any
reasonable method’’ to establish the allothers rate. We find that it is reasonable
to rely on the rate established for TauKen Temir as the all-others rate,
particularly because there is no other
information on the record that can be
used to determine an all-others rate.14
Preliminary Determination
The Department preliminarily
determines that the following estimated
countervailable subsidy rates exist:
Subsidy
rate
(percent)
Company
sradovich on DSK3GMQ082PROD with NOTICES
Tau-Ken Temir LLP 15 ................
120.00
13 See Letter from the petitioner, ‘‘Silicon Metal
from Australia, Brazil, and Kazakhstan;
Countervailing Duty Investigations; Request for
Alignment of Final Determinations,’’ dated July 10,
2017.
14 See, e.g., Grain-Oriented Electrical Steel from
the People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 79 FR 59221
(October 1, 2014), and accompanying Issues and
Decision Memorandum at Comment 1; Circular
Welded Carbon-Quality Steel Pipe from India: Final
Affirmative Countervailing Duty Determination, 77
FR 64468, 64470 (October 22, 2012); and Certain
Potassium Phosphate Salts from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination and Termination of Critical
Circumstances Inquiry, 75 FR 30375 (June 1, 2010).
VerDate Sep<11>2014
16:45 Aug 11, 2017
Jkt 241001
briefs.16 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
All-Others ....................................
120.00
submit with each argument: (1) A
statement of the issue; (2) a brief
Suspension of Liquidation
summary of the argument; and (3) a
table of authorities.
In accordance with section
Pursuant to 19 CFR 351.310(c),
703(d)(1)(B) and (d)(2) of the Act, the
interested parties who wish to request a
Department will direct U.S. Customs
and Border Protection (CBP) to suspend hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
liquidation of entries of subject
written request to the Assistant
merchandise as described in the scope
Secretary for Enforcement and
of the investigation section entered, or
Compliance, U.S. Department of
withdrawn from warehouse, for
Commerce within 30 days after the date
consumption on or after the date of
publication of this notice in the Federal of publication of this notice. Requests
should contain the party’s name,
Register. Further, pursuant to 19 CFR
351.205(d), the Department will instruct address, and telephone number, the
number of participants, whether any
CBP to require a cash deposit equal to
participant is a foreign national, and a
the rates indicated above.
list of the issues to be discussed. If a
Disclosure
request for a hearing is made, the
Normally, the Department discloses to Department intends to hold the hearing
at the U.S. Department of Commerce,
interested parties the calculations
1401 Constitution Avenue NW.,
performed in connection with a
Washington, DC 20230, at a time and
preliminary determination within five
date to be determined. Parties should
days of the public announcement of,
where there is no public announcement, confirm by telephone the date, time, and
location of the hearing two days before
within five days of the date of
the scheduled date.
publication of the notice of preliminary
determination in the Federal Register,
International Trade Commission
in accordance with 19 CFR 351.224(b).
Notification
However, because the Department
In accordance with section 703(f) of
preliminarily applied facts available
the Act, the Department will notify the
with an adverse inference to the
International Trade Commission (ITC) of
individually examined company Tauits determination. If the final
Ken Temir in this investigation in
determination is affirmative, the ITC
accordance with section 776 of the Act,
will make its final injury determination
and the applied facts available rate is
before the later of 120 days after the date
based solely on the corporate income
of this preliminary determination or 45
tax rate in Kazakhstan, there are no
days after the final determination.
calculations to disclose.
Notification to Interested Parties
Verification
This determination is issued and
Because both Tau-Ken Temir and the
published pursuant to sections 703(f)
GOK did not provide information
and 777(i) of the Act and 19 CFR
requested by the Department, and the
351.205(c).
Department preliminarily determines
Dated: August 7, 2017.
that Tau-Ken Temir and the GOK have
been uncooperative, we do not intend to Carole Showers,
Executive Director, Office of Policy
conduct verification.
Subsidy
rate
(percent)
Company
performing the duties of Deputy Assistant
Secretary for Enforcement and Compliance.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary determination. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
15 As discussed in the Preliminary Decision
Memorandum, the Department has found the
following companies to be cross-owned with TauKen Temir LLP: JSC NMC Tau-Ken Samruk and LLP
Silicon Mining.
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Appendix I
Scope of the Investigation
The scope of this investigation covers all
forms and sizes of silicon metal, including
silicon metal powder. Silicon metal contains
at least 85.00 percent but less than 99.99
percent silicon, and less than 4.00 percent
iron, by actual weight. Semiconductor grade
silicon (merchandise containing at least
99.99 percent silicon by actual weight and
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
16 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\14AUN1.SGM
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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
subheading 2804.61.0000) is excluded from
the scope of this investigation.
Silicon metal is currently classifiable
under subheadings 2804.69.1000 and
2804.69.5000 of the HTSUS. While HTSUS
numbers are provided for convenience and
customs purposes, the written description of
the scope remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Respondent Selection
VI. Injury Test
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. Conclusion
[FR Doc. 2017–17112 Filed 8–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF604
Permanent Advisory Committee To
Advise the U.S. Commissioners to the
Western and Central Pacific Fisheries
Commission; Meeting Announcement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
NMFS announces a public
meeting of the Permanent Advisory
Committee (PAC) to advise the U.S.
Commissioners to the Commission for
the Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPFC) on September 12, 2017.
DATES: The meeting of the PAC will be
held via conference call on September
12, 2017, from 11 a.m. to 1 p.m. HST (or
until business is concluded). Members
of the public may submit written
comments; comments must be received
by September 7, 2017.
ADDRESSES: The public meeting will be
conducted via conference call. For
details on how to call in to the
conference line or to submit comments,
please contact Emily Crigler, NMFS
Pacific Islands Regional Office;
telephone: 808–725–5036; email:
emily.crigler@noaa.gov. Documents to
be considered by the PAC will be sent
out via email in advance of the
conference call. Please submit contact
information to Emily Crigler (telephone:
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:45 Aug 11, 2017
Jkt 241001
808–725–5036; email: emily.crigler@
noaa.gov) at least 3 days in advance of
the call to receive documents via email.
FOR FURTHER INFORMATION CONTACT:
Emily Crigler, NMFS Pacific Islands
Regional Office; 1845 Wasp Blvd., Bldg.
176, Honolulu, HI 96818; telephone:
808–725–5036; facsimile: 808–725–
5215; email: emily.crigler@noaa.gov.
In
accordance with the Western and
Central Pacific Fisheries Convention
Implementation Act (16 U.S.C. 6901 et
seq.), the Permanent Advisory
Committee, or PAC, has been formed to
advise the U.S. Commissioners to the
WCPFC. Members of the PAC have been
appointed by the Secretary of Commerce
in consultation with the U.S.
Commissioners to the WCPFC. The PAC
supports the work of the U.S. National
Section to the WCPFC in an advisory
capacity. The U.S. National Section is
made up of the U.S. Commissioners and
the Department of State. NMFS Pacific
Islands Regional Office provides
administrative and technical support to
the PAC in cooperation with the
Department of State. More information
on the WCPFC, established under the
Convention on the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean, can be found on the
WCPFC Web site: https://wcpfc.int/.
SUPPLEMENTARY INFORMATION:
Meeting Topics
The purpose of the September 12,
2017, conference call is to discuss
outcomes of: The 2017 regular session of
the WCPFC Scientific Committee
(SC13), the 2017 regular session of the
WCPFC Northern Committee (NC13),
and the Intersessional Meeting to
progress the draft Bridging CMM on
Tropical Tuna. There will also be a
discussion on topics relevant to the
subsequent regular session of the
Technical and Compliance Committee
(TCC13).
Special Accommodations
The conference call is accessible to
people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Emily Crigler at 808–725–5036 at least
ten working days prior to the meeting.
Authority: 16 U.S.C. 6902 et seq.
Dated: August 9, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–17121 Filed 8–11–17; 8:45 am]
BILLING CODE 3510–22–P
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37849
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF431
Endangered Species; File No. 21516
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for public comments.
AGENCY:
We, NMFS, have received an
application from Virginia Electric and
Power Company, D.B.A. Dominion
Virginia Power (Dominion) for an
incidental take permit, pursuant to the
Endangered Species Act (ESA) of 1973,
as amended, for activities associated
with the otherwise lawful continued
operation and maintenance of the
Dominion Chesterfield Power Station
(CPS) in Chesterfield, VA. We are
considering issuing a 10-year permit to
the applicant that would authorize take
of ESA-listed Atlantic sturgeon
(Acipenser oxyrinchus oxyrinchus) from
the Chesapeake Bay Distinct Population
Segment (DPS) incidental to otherwise
lawful activities associated with the
withdrawal of cooling water from the
James River and entrainment and
impingement sampling required by the
Clean Water Act. Pursuant to the ESA
and the National Environmental Policy
Act (NEPA), we announce the
availability of Dominion’s ITP
application and draft habitat
conservation plan (HCP), as well as our
draft environmental assessment (EA),
for public review and comment. We
provide this notice to seek comments
from the public and Federal, Tribal,
State, and local governments.
DATES: To allow for timely processing of
the permit application, we must receive
your comments no later than September
13, 2017.
ADDRESSES: The application is available
for download and review at https://
www.nmfs.noaa.gov/pr/permits/esa_
review.htm under the section heading
ESA section 10(a)(1)(B) Permits and
Applications and at https://
www.regulations.gov. The application is
also available upon written request or
by appointment in the following office:
Protected Resources Division, NMFS
Greater Atlantic Regional Fisheries
Office, 55 Great Republic Drive,
Gloucester, MA 01930; phone (978)
281–9328.
Submit your comments by including
NOAA–NMFS–2017–0051, by either of
the following methods:
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37847-37849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17112]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-834-808]
Silicon Metal From the Republic of Kazakhstan: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of silicon metal from the Republic of
Kazakhstan (Kazakhstan). The period of investigation is January 1,
2016, through December 31, 2016.
DATES: Effective August 14, 2017.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Rebecca
Janz, AD/CVD Operations, Office II, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1280 or (202) 482-2972, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on April 4,
2017.\1\ On May 16, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
August 7, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ Tau-Ken Temir LLP (Tau-Ken Temir), a producer
and exporter of silicon metal from Kazakhstan, is the sole mandatory
respondent for which we have determined there were exports during the
period of investigation to the United States. A list of topics
discussed in the Preliminary Decision Memorandum is included as
Appendix II to this notice. The Preliminary 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 is available to all parties in the Central
Records Unit, room B8024 of the main Department of Commerce building.
In addition, a complete version of the Preliminary Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The
signed and electronic versions of the Preliminary Decision Memorandum
are identical in content.
---------------------------------------------------------------------------
\1\ See Silicon Metal from Australia, Brazil, and Kazakhstan:
Initiation of Countervailing Duty Investigations, 82 FR 16356 (April
4, 2017) (Initiation Notice).
\2\ See Silicon Metal From Australia, Brazil, and Kazakhstan:
Postponement of Preliminary Determinations of Countervailing Duty
Investigations, 82 FR 22490 (May 16, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Silicon
Metal from the Republic of Kazakhstan,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is silicon metal from
Kazakhstan. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\ The
Department preliminarily is not modifying the scope language as it
appeared in the Initiation Notice. See Appendix I.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Silicon Metal from Australia, Brazil,
Kazakhstan, and Norway: Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated June 27, 2017 (Preliminary Scope
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, the Department preliminarily determines that there is
a subsidy, i.e., a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
In its questionnaire responses, Tau-Ken Temir refused to provide
the Department with requested information or analyze whether its cross-
owned companies received countervailable subsidies.\8\ Furthermore, the
Government of Kazakhstan's (GOK)'s initial questionnaire response was
wholly deficient with respect to an allegation that electricity was
sold to Tau-Ken Temir for less than adequate remuneration, and its
supplemental response regarding this allegation was untimely filed.\9\
Thus, the Department has relied on facts available as part of its
analysis. Additionally, because we find that Tau-Ken Temir and the GOK
did not act to the best of their abilities to respond to the
Department's requests for information and, therefore, impeded this
investigation, we drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\10\ For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Tau-Ken Temir's Supplemental Affiliation Response, dated
May 15, 2017 (Tau-Ken Temir May 15, 2017 SAFFR).
\9\ See GOK's June 1, 2017 Initial Questionnaire Response (GOK
June 1, 2017 IQR).
\10\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
On March 28, 2017, the Department initiated this countervailing
duty (CVD) investigation of silicon metal from Kazakhstan.\11\ On the
same day, the Department also initiated antidumping duty (AD)
investigations of silicon metal from Australia, Brazil, and Norway.\12\
This CVD investigation and the AD investigations of Australia, Brazil,
and Norway cover the same class or kind of merchandise.
---------------------------------------------------------------------------
\11\ See Initiation Notice, 82 FR 16356.
\12\ See Silicon Metal from Australia, Brazil, and Norway:
Initiation of Less-Than-Fair-Value Investigations, 82 FR 16352
(April 4, 2017).
---------------------------------------------------------------------------
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department
is aligning the final CVD determination in this investigation with the
final determinations in the companion AD investigations of silicon
metal from Australia, Brazil, and Norway based on
[[Page 37848]]
a request made by the petitioner.\13\ Consequently, the final CVD
determination will be issued on the same date as the final AD
determinations for Australia, Brazil, and Norway, which are currently
scheduled to be issued no later than December 18, 2017, unless
postponed.
---------------------------------------------------------------------------
\13\ See Letter from the petitioner, ``Silicon Metal from
Australia, Brazil, and Kazakhstan; Countervailing Duty
Investigations; Request for Alignment of Final Determinations,''
dated July 10, 2017.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, the Department shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero or de minimis rates and any rates based entirely
under section 776 of the Act. Pursuant to section 705(c)(5)(A)(ii) of
the Act, if the individual estimated countervailable subsidy rates
established for all exporters and producers individually examined are
zero, de minimis, or determined based entirely on facts otherwise
available, the Department may use any reasonable method to establish
the estimated subsidy rate for all-other producers or exporters.
In this investigation, the Department preliminarily assigned a rate
based entirely on facts available to Tau-Ken Temir. Accordingly, we are
using ``any reasonable method'' to establish the all-others rate. We
find that it is reasonable to rely on the rate established for Tau-Ken
Temir as the all-others rate, particularly because there is no other
information on the record that can be used to determine an all-others
rate.\14\
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\14\ See, e.g., Grain-Oriented Electrical Steel from the
People's Republic of China: Final Affirmative Countervailing Duty
Determination, 79 FR 59221 (October 1, 2014), and accompanying
Issues and Decision Memorandum at Comment 1; Circular Welded Carbon-
Quality Steel Pipe from India: Final Affirmative Countervailing Duty
Determination, 77 FR 64468, 64470 (October 22, 2012); and Certain
Potassium Phosphate Salts from the People's Republic of China: Final
Affirmative Countervailing Duty Determination and Termination of
Critical Circumstances Inquiry, 75 FR 30375 (June 1, 2010).
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Preliminary Determination
The Department preliminarily determines that the following
estimated countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Tau-Ken Temir LLP \15\...................................... 120.00
All-Others.................................................. 120.00
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Suspension of Liquidation
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\15\ As discussed in the Preliminary Decision Memorandum, the
Department has found the following companies to be cross-owned with
Tau-Ken Temir LLP: JSC NMC Tau-Ken Samruk and LLP Silicon Mining.
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In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
the Department will instruct CBP to require a cash deposit equal to the
rates indicated above.
Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with a preliminary determination
within five days of the public announcement of, where there is no
public announcement, within five days of the date of publication of the
notice of preliminary determination in the Federal Register, in
accordance with 19 CFR 351.224(b). However, because the Department
preliminarily applied facts available with an adverse inference to the
individually examined company Tau-Ken Temir in this investigation in
accordance with section 776 of the Act, and the applied facts available
rate is based solely on the corporate income tax rate in Kazakhstan,
there are no calculations to disclose.
Verification
Because both Tau-Ken Temir and the GOK did not provide information
requested by the Department, and the Department preliminarily
determines that Tau-Ken Temir and the GOK have been uncooperative, we
do not intend to conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\16\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this investigation are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
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\16\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its determination.
If the final determination is affirmative, the ITC will make its final
injury determination before the later of 120 days after the date of
this preliminary determination or 45 days after the final
determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: August 7, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of Deputy
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers all forms and sizes of
silicon metal, including silicon metal powder. Silicon metal
contains at least 85.00 percent but less than 99.99 percent silicon,
and less than 4.00 percent iron, by actual weight. Semiconductor
grade silicon (merchandise containing at least 99.99 percent silicon
by actual weight and classifiable under Harmonized Tariff Schedule
of the United States (HTSUS)
[[Page 37849]]
subheading 2804.61.0000) is excluded from the scope of this
investigation.
Silicon metal is currently classifiable under subheadings
2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are
provided for convenience and customs purposes, the written
description of the scope remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Respondent Selection
VI. Injury Test
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. Conclusion
[FR Doc. 2017-17112 Filed 8-11-17; 8:45 am]
BILLING CODE 3510-DS-P
