Silicon Metal From Brazil: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 37841-37843 [2017-17117]

Download as PDF Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices counties, local governments, and planning agencies. Estimated Number of Respondents: 3,801. Estimated Time per Response: Between 7 and 606 hours, estimated average 40 hours. Estimated Total Burden Hours: 152,040. Estimated Total Annual Cost to Public: $4,523,190. Respondent’s Obligation: Voluntary. Legal Authority: Title 13 U.S.C. Section 6. The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 12B was approved on July 14, 2017, subject to the FTZ Act and the Board’s regulations, including Section 400.13, and further subject to FTZ 12’s 873.5-acre activation limit. Dated: August 8, 2017. Andrew McGilvray, Executive Secretary. IV. Request for Comments [FR Doc. 2017–17120 Filed 8–11–17; 8:45 am] Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Summarization of comments submitted in response to this notice will be included in the request for OMB approval of this information collection. Comments will also become a matter of public record. BILLING CODE 3510–DS–P Sheleen Dumas, PRA Department Lead, Office of the Chief Information Officer. [FR Doc. 2017–17033 Filed 8–11–17; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–75–2017] sradovich on DSK3GMQ082PROD with NOTICES Approval of Subzone Status; Universal Metal Products, Inc.; Pharr, Texas On May 10, 2017, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by McAllen Foreign Trade Zone, Inc., grantee of FTZ 12, requesting subzone status subject to the existing activation limit of FTZ 12, on behalf of Universal Metal Products, Inc., in Pharr, Texas. The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (82 FR 25240, June 1, 2017). VerDate Sep<11>2014 16:45 Aug 11, 2017 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [C–351–851] Silicon Metal From Brazil: 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 Brazil. The period of investigation is January 1, 2016, through December 31, 2016. DATES: Effective August 14, 2017. FOR FURTHER INFORMATION CONTACT: Robert Palmer or George Ayache, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–9068 or (202) 482–2623, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 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, 1 See Silicon Metal from Australia, Brazil, and Kazakhstan: Initiation of Countervailing Duty Investigations, 82 FR 16356 (April 4, 2017) (Initiation Notice). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 37841 2017.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 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 http:// 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 http://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 Brazil. 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. 2 See Silicon Metal from Australia, Brazil and Kazakhstan: Notice of Postponement of Preliminary Determinations of Antidumping Duty Investigations, 82 FR 22490 (May 16, 2017). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination: Countervailing Duty Investigation of Silicon Metal from Brazil,’’ 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). E:\FR\FM\14AUN1.SGM 14AUN1 37842 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 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 In making these findings, the Department relied, in part, on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to the Department’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.8 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 Brazil.9 On the same day, the Department also initiated antidumping duty (AD) investigations of silicon metal from Australia, Brazil, and Norway.10 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 a request made by the petitioner.11 Consequently, the final CVD determination will be issued on the same date as the final AD determinations, which are currently scheduled to be issued no later than December 18, 2017, unless postponed. sradovich on DSK3GMQ082PROD with NOTICES All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary 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 sections 776(a) and (b) of the Act. 9 See Initiation Notice, 82 FR 16356. 10 See Silicon Metal from Australia, Brazil, and Norway: Initiation of Less-Than-Fair-Value Investigations, 82 FR 16352 (April 4, 2017). 11 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. VerDate Sep<11>2014 16:45 Aug 11, 2017 Jkt 241001 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 and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, the Department preliminarily assigned a rate based entirely on facts available to Ligas de Aluminio S.A.—LIASA (LIASA). Therefore, the only rate for an individually-examined respondent that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Dow Corning Silicio do ´ ´ Brasil Industria e Comercio Ltda. (DC Silicio). Consequently, the rate calculated for DC Silicio is also assigned as the rate for all-other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act. public announcement, within five days of the publication 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. 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.13 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 Preliminary Determination argument: (1) A statement of the issue; The Department preliminarily determines that the following estimated (2) a brief summary of the argument; and (3) a table of authorities. countervailable subsidy rates exist: Pursuant to 19 CFR 351.310(c), Subsidy rate interested parties who wish to request a Company (percent) hearing, limited to issues raised in the case and rebuttal briefs, must submit a Dow Corning Silicio do Brasil written request to the Assistant ´ rcio ´ Industria e Come Ltda12 ................................ 3.69 Secretary for Enforcement and Compliance, U.S. Department of Ligas de Aluminio S.A.— LIASA ................................ 52.07 Commerce within 30 days after the date All-Others .............................. 3.69 of publication of this notice. Requests should contain the party’s name, Suspension of Liquidation address, and telephone number, the number of participants, whether any In accordance with section participant is a foreign national, and a 703(d)(1)(B) and (d)(2) of the Act, the list of the issues to be discussed. If a Department will direct U.S. Customs and Border Protection (CBP) to suspend request for a hearing is made, the liquidation of entries of subject Department intends to hold the hearing merchandise as described in the scope at the U.S. Department of Commerce, of the investigation section entered, or 1401 Constitution Avenue NW., withdrawn from warehouse, for Washington, DC 20230, at a time and consumption on or after the date of date to be determined. Parties should publication of this notice in the Federal confirm by telephone the date, time, and Register. Further, pursuant to 19 CFR location of the hearing two days before 351.205(d), the Department will instruct the scheduled date. CBP to require a cash deposit equal to International Trade Commission the rates indicated above. Notification Disclosure In accordance with section 703(f) of The Department intends to disclose to the Act, the Department will notify the interested parties its calculations and International Trade Commission (ITC) of analysis performed in this preliminary its determination. If the final determination within five days of its determination is affirmative, the ITC public announcement, or if there is no will make its final injury determination 12 As discussed in the Preliminary Decision before the later of 120 days after the date Memorandum, the Department has found the of this preliminary determination or 45 following companies to be cross-owned with Dow days after the final determination. ´ ´ Corning Silicio do Brasil Industria e Comercio Ltda.: Palmyra Recursos Naturais Exploracao e ¸˜ ´ ´ Comercio Ltda. and Dow Corning Metais do Para IND. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 13 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\14AUN1.SGM 14AUN1 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices Notification to Interested Parties DATES: Effective August 14, 2017. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). FOR FURTHER INFORMATION CONTACT: Dated: August 7, 2017. Carole Showers, Executive Director, Office of Policy, performing the duties of Deputy Assistant Secretary for Enforcement and Compliance. Katherine Johnson or John Anwesen, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4929 or (202) 482–0131, respectively. Appendix I SUPPLEMENTARY INFORMATION: 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) subheading 2804.61.0000) is excluded from the scope of these investigations. 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. Background Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Alignment V. Injury Test VI. Use of Facts Otherwise Available VII. Subsidies Valuation VIII. Analysis of Programs IX. Conclusion [FR Doc. 2017–17117 Filed 8–11–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Scope of the Investigation [C–602–811] Silicon Metal From Australia: 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 a producer/exporter of silicon metal from Australia. The period of investigation is January 1, 2016 through December 31, 2016. sradovich on DSK3GMQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 16:45 Aug 11, 2017 Jkt 241001 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 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 http:// 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 http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. The product covered by this investigation is silicon metal from Australia. For a complete description of the scope of this investigation, see Appendix I. 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 in the Countervailing Duty Investigation of Silicon Metal from Australia,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 37843 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 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 Alignment On March 28, 2017, the Department initiated this countervailing duty (CVD) investigation of silicon metal from Australia.8 On the same day, the Department also initiated antidumping duty (AD) investigations of silicon metal from Australia, Brazil, and Norway.9 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 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). 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 Initiation Notice. 9 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 37841-37843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17117]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-851]


Silicon Metal From Brazil: 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 Brazil. The period of 
investigation is January 1, 2016, through December 31, 2016.

DATES: Effective August 14, 2017.

FOR FURTHER INFORMATION CONTACT: Robert Palmer or George Ayache, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068 or (202) 
482-2623, 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\ 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 http://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 http://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: 
Notice of Postponement of Preliminary Determinations of Antidumping 
Duty Investigations, 82 FR 22490 (May 16, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination: Countervailing Duty Investigation of Silicon Metal 
from Brazil,'' 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 
Brazil. 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).

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[[Page 37842]]

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 making these findings, the Department relied, in part, on facts 
available and, because it finds that one or more respondents did not 
act to the best of their ability to respond to the Department's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\8\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ 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 Brazil.\9\ On the same 
day, the Department also initiated antidumping duty (AD) investigations 
of silicon metal from Australia, Brazil, and Norway.\10\ This CVD 
investigation and the AD investigations of Australia, Brazil, and 
Norway cover the same class or kind of merchandise.
---------------------------------------------------------------------------

    \9\ See Initiation Notice, 82 FR 16356.
    \10\ 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 a request made by 
the petitioner.\11\ Consequently, the final CVD determination will be 
issued on the same date as the final AD determinations, which are 
currently scheduled to be issued no later than December 18, 2017, 
unless postponed.
---------------------------------------------------------------------------

    \11\ 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.
---------------------------------------------------------------------------

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 and de minimis rates and any rates based entirely 
under section 776 of the Act.
    In this investigation, the Department preliminarily assigned a rate 
based entirely on facts available to Ligas de Aluminio S.A.--LIASA 
(LIASA). Therefore, the only rate for an individually-examined 
respondent that is not zero, de minimis or based entirely on facts 
otherwise available is the rate calculated for Dow Corning Silicio do 
Brasil Ind[uacute]stria e Com[eacute]rcio Ltda. (DC Silicio). 
Consequently, the rate calculated for DC Silicio is also assigned as 
the rate for all-other producers and exporters, pursuant to section 
705(c)(5)(A)(i) of the Act.

Preliminary Determination

    The Department preliminarily determines that the following 
estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Dow Corning Silicio do Brasil Ind[uacute]stria e                    3.69
 Com[eacute]rcio Ltda\12\...............................
Ligas de Aluminio S.A.--LIASA...........................           52.07
All-Others..............................................            3.69
------------------------------------------------------------------------

Suspension of Liquidation
---------------------------------------------------------------------------

    \12\ As discussed in the Preliminary Decision Memorandum, the 
Department has found the following companies to be cross-owned with 
Dow Corning Silicio do Brasil Ind[uacute]stria e Com[eacute]rcio 
Ltda.: Palmyra Recursos Naturais Explora[ccedil][atilde]o e 
Com[eacute]rcio Ltda. and Dow Corning Metais do Par[aacute] IND.
---------------------------------------------------------------------------

    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

    The Department intends to disclose to interested parties its 
calculations and analysis performed in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the publication 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.

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.\13\ 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.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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.

[[Page 37843]]

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) subheading 2804.61.0000) is excluded 
from the scope of these investigations.
    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. Scope Comments
IV. Alignment
V. Injury Test
VI. Use of Facts Otherwise Available
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Conclusion

[FR Doc. 2017-17117 Filed 8-11-17; 8:45 am]
 BILLING CODE 3510-DS-P