Initiation of Antidumping and Countervailing Duty Administrative Reviews, 37846-37847 [2017-17114]

Download as PDF 37846 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 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 The Department intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, the Department intends to verify the information relied upon in making its final determination. sradovich on DSK3GMQ082PROD with NOTICES Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.11 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. 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, 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 11 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:45 Aug 11, 2017 Jkt 241001 International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination. VIII. Benchamrks and Interest Rates IX. Use of Facts Otherwise Available and Adverse Inferences X. Analysis of Programs XI. ITC Notification XII. Disclosure and Public Comment XIII. Verification XIV. Conclusion 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). [FR Doc. 2017–17113 Filed 8–11–17; 8:45 am] Dated: August 7, 2017. Carole Showers, Executive Director, Office of Policy, performing the duties of Deputy Assistant Secretary for Enforcement and Compliance. International Trade Administration Appendix I AGENCY: Scope of the Investigation The merchandise covered by this investigation is aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope. Excluded from the scope of this investigation is aluminum foil that is backed with paper, paperboard, plastics, or similar backing materials on only one side of the aluminum foil, as well as etched capacitor foil and aluminum foil that is cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above. The products under investigation are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise that falls within the scope of this proceeding may also be entered into the United States under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Injury Test VI. Application of the CVD Law to Imports From the PRC VII. Subsidies Valuation PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Marcia E. Short, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–1560. SUPPLEMENTARY INFORMATION: Background On August 1, 2017, the Department of Commerce (the Department) published the June Initiation Notice 1 in which the Department inadvertently initiated an antidumping duty administrative review of Polyester Staple Fiber from Taiwan (A–583–833) covering the period May 1, 2016, through April 30, 2017. The Department did not intend to initiate a review with respect to this order. Instead, the Department intended to correct the May Initiation Notice 2 in which the Department inadvertently included TFM North America, Inc. in the initiation notice with respect to the antidumping duty administrative review of Certain Stillbenic Optical Brightening Agents (A–583–848) covering the period May 1, 2016 through April 30, 2017. The Department only intended to initiate a review with respect to Teh Fong Min International Co. Ltd. In addition, in the June Initiation Notice the Department misspelt Teh Fong Min International Co. Ltd. as The Fong Min International Co. Ltd.3 This notice serves as a correction to the June Initiation Notice. 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews; 82 FR 35749 (August 2, 2017) (June Initiation Notice). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews; 82 FR 31292 (June 6, 2016) (May Initiation Notice). 3 See June Initiation Notice, 82 FR at 35749. E:\FR\FM\14AUN1.SGM 14AUN1 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 VerDate Sep<11>2014 16:45 Aug 11, 2017 Jkt 241001 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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). E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37846-37847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17114]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews

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

FOR FURTHER INFORMATION CONTACT: Marcia E. Short, Office of AD/CVD 
Operations, Customs Liaison Unit, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
1560.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2017, the Department of Commerce (the Department) 
published the June Initiation Notice \1\ in which the Department 
inadvertently initiated an antidumping duty administrative review of 
Polyester Staple Fiber from Taiwan (A-583-833) covering the period May 
1, 2016, through April 30, 2017. The Department did not intend to 
initiate a review with respect to this order. Instead, the Department 
intended to correct the May Initiation Notice \2\ in which the 
Department inadvertently included TFM North America, Inc. in the 
initiation notice with respect to the antidumping duty administrative 
review of Certain Stillbenic Optical Brightening Agents (A-583-848) 
covering the period May 1, 2016 through April 30, 2017. The Department 
only intended to initiate a review with respect to Teh Fong Min 
International Co. Ltd. In addition, in the June Initiation Notice the 
Department misspelt Teh Fong Min International Co. Ltd. as The Fong Min 
International Co. Ltd.\3\ This notice serves as a correction to the 
June Initiation Notice.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews; 82 FR 35749 (August 2, 2017) (June 
Initiation Notice).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews; 82 FR 31292 (June 6, 2016) (May Initiation 
Notice).
    \3\ See June Initiation Notice, 82 FR at 35749.


[[Page 37847]]


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    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

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