Silicon Metal From Norway: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Preliminary Determination of No Shipments, Postponement of Final Determination, and Extension of Provisional Measures, 47475-47477 [2017-22065]
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
by this review. The Department intends
to issue assessment instructions to CBP
15 days after the date of publication of
these final results of review.
Accordingly, we will instruct CBP to
liquidate the entries reported by
Baoding Mantong without regard to
antidumping duties. The Department
also intends to instruct CBP to liquidate
entries of subject merchandise from the
exporters identified above as being part
of the PRC-wide entity (including
Huayang Chemical) at the PRC-wide
rate, i.e., 453.79 percent.
Pursuant to a refinement in the
Department’s non-market economy
practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate.6 Additionally, if the Department
determines that an exporter had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the PRC-wide rate.7
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
For Baoding Mantong and other
previously investigated or reviewed PRC
and non-PRC exporters which are not
under review in this segment of the
proceeding but received a separate rate
in a previous segment, the cash deposit
rate will continue to be the exporterspecific rate published for the most
recently-completed period; (2) for all
PRC exporters of subject merchandise
which have not been found to be
entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity (i.e., 453.79 percent); and (3)
for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter(s) that supplied the non-PRC
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
7 Id.
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Notification to Importers
DEPARTMENT OF COMMERCE
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this period of review. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
International Trade Administration
Notification Regarding Administrative
Protective Order
This notice also serves as a final
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(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of Interested Party Comments
Comment 1: Bona Fides of Baoding
Mantong’s U.S. Sale
Comment 2: Moot Arguments Concerning
Baoding Mantong’s Margin Calculations
Comment 3: Assignment of the PRC-Wide
Rate to Pharm-Rx Following Judicial
Review of the Rate
VI. Recommendation
[FR Doc. 2017–22068 Filed 10–11–17; 8:45 am]
BILLING CODE 3510–DS–P
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[A–403–805]
Silicon Metal From Norway:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Negative Determination of
Critical Circumstances, Preliminary
Determination of No Shipments,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that silicon metal from
Norway is being, or is likely to be, sold
in the United States at less than fair
value (LTFV). The period of
investigation (POI) is January 1, 2016,
through December 31, 2016.
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer, 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) 482–3860.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(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 July 26, 2017, the
Department postponed the preliminary
determination of this investigation, and
the revised deadline is now October 4,
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
included 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
1 See Silicon Metal From Australia, Brazil, and
Norway: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 16352 (April 4, 2017)
(Initiation Notice).
2 See Silicon Metal from Australia, Brazil, and
Norway: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 82 FR 35753 (August 1, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Silicon Metal from
Norway,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and 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 the 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
Norway. 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. After evaluating
these comments, the Department
preliminarily determines that modifying
the scope language as it appeared in the
Initiation Notice is not warranted. See
the scope in Appendix I to this notice.
However, the Department is inviting
comment on one of the issues raised:
The appropriate calculation
methodology for determining the silicon
content of out-of-scope products (i.e.,
silicon metal with a silicon content in
excess of 99.99 percent), and,
specifically, which impurities should be
taken into account in that calculation.
These comments are due no later than
November 6, 2017. Rebuttal comments
will be due no later than November 13,
2017. For a summary of the product
coverage comments submitted on the
record of this proceeding, see the
Preliminary Decision Memorandum.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. The Department has
calculated export prices in accordance
with section 772(a) of the Act.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying the
4 See
Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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Jkt 244001
preliminary determination, see the
Preliminary Decision Memorandum.
exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination of No Sales
On April 5, 2017, Wacker Chemicals
Norway A.S. (Wacker), one of the two
respondents named in the Initiation
Notice, timely filed a statement
reporting that it had ‘‘no exports, sales,
or entries’’ of subject merchandise to the
United States during the POI.
Subsequently, we received information
from U.S. Customs and Border
Protection (CBP) confirming Wacker’s
claim that it had no entries of subject
merchandise during the POI. Based on
the foregoing, the Department
preliminarily determines that Wacker
had no sales of subject merchandise
during the POI, and, therefore, we
preliminarily determine not to further
examine Wacker as part of this
investigation. As such, any entries of
subject merchandise exporterd by
Wacker will be subject to the All-Others
Rate. For additional information
regarding this determination, see the
Preliminary Decision Memorandum.
Preliminary Determination
Preliminary Negative Determination of
Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, the
Department preliminarily finds that
critical circumstances do not exist for
Elkem, and for all other producers and
exporters. For a full description of the
methodology and results of the
Department’s critical circumstances
analysis, see the Preliminary Decision
Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination the
Department shall determine an
estimated all-others rate for all exporters
and producers not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.
The Department calculated an
individual estimated weighted-average
dumping margin for Elkem AS (Elkem),
the only individually-examined
exporter/producer in this investigation.
Because the only individuallycalculated dumping margin is not zero,
de minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for Elkem is the margin
assigned to all-other producers and
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The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Exporter/producer
Elkem AS ..............................
All-Others ..............................
Estimated
weightedaverage
dumping
margin
(percent)
3.74
3.74
Suspension of Liquidation
In accordance with section 733(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
Appendix I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), the Department will
instruct CBP to require a cash deposit
equal to the estimated weighted-average
dumping margin, as follows: (1) The
cash deposit rate for the respondent
listed above will be equal to the
company-specific estimated weightedaverage dumping margin determined in
this preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
The Department intends to disclose
its calculations and analysis performed
to interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication 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.
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / 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.6
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, 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.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of the
Department’s regulations requires that a
request by exporters for postponement
of the final determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
6 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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22:35 Oct 11, 2017
Jkt 244001
On September 20, 2017, pursuant to
19 CFR 351.210(e), Elkem requested that
the Department postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.7 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, the Department is postponing the
final determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, the Department
will make its final determination no
later than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its preliminary 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 whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
performing the non-exclusive functions and
duties of the 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 this investigation.
Silicon metal is currently classifiable
under subheadings 2804.69.1000 and
7 See Letter from Elkem, ‘‘Request for
Postponement of Final Determination,’’ dated
September 20, 2017.
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47477
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. Preliminary Determination of No Sales
VI. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export
Price
X. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
E. Calculation of NV Based on Constructed
Value
XI. Currency Conversion
XII. Critical Circumstances
XIII. Conclusion
[FR Doc. 2017–22065 Filed 10–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–815]
Light-Walled Rectangular Pipe and
Tube: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2017, the
Department of Commerce (Department)
published the preliminary results of the
2015–2016 administrative review (AR)
of the antidumping duty (AD) order on
light-walled rectangular pipe and tube
(LWRPT) from Turkey for the period
May 1, 2015, through April 30, 2016
(POR). Based on our analysis of the
comments received, we made changes to
the margin calculations for the final
results of this AR. The final weightedaverage dumping margins are listed
below in the ‘‘Final Results of Review’’
section of this notice.
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, AD/CVD Operations,
AGENCY:
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]]>Agencies
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47475-47477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22065]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-403-805]
Silicon Metal From Norway: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Preliminary Negative Determination of
Critical Circumstances, Preliminary Determination of No Shipments,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that silicon metal from Norway is being, or is likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is January 1, 2016, through December 31, 2016.
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, 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) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 July 26, 2017, the Department postponed the preliminary
determination of this investigation, and the revised deadline is now
October 4, 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 included 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
[[Page 47476]]
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and 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 the electronic versions of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Silicon Metal From Australia, Brazil, and Norway:
Initiation of Less-Than-Fair-Value Investigations, 82 FR 16352
(April 4, 2017) (Initiation Notice).
\2\ See Silicon Metal from Australia, Brazil, and Norway:
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 82 FR 35753 (August 1, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Silicon
Metal from Norway,'' 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
Norway. 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. After evaluating these comments, the Department
preliminarily determines that modifying the scope language as it
appeared in the Initiation Notice is not warranted. See the scope in
Appendix I to this notice. However, the Department is inviting comment
on one of the issues raised: The appropriate calculation methodology
for determining the silicon content of out-of-scope products (i.e.,
silicon metal with a silicon content in excess of 99.99 percent), and,
specifically, which impurities should be taken into account in that
calculation. These comments are due no later than November 6, 2017.
Rebuttal comments will be due no later than November 13, 2017. For a
summary of the product coverage comments submitted on the record of
this proceeding, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. The Department has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Determination of No Sales
On April 5, 2017, Wacker Chemicals Norway A.S. (Wacker), one of the
two respondents named in the Initiation Notice, timely filed a
statement reporting that it had ``no exports, sales, or entries'' of
subject merchandise to the United States during the POI. Subsequently,
we received information from U.S. Customs and Border Protection (CBP)
confirming Wacker's claim that it had no entries of subject merchandise
during the POI. Based on the foregoing, the Department preliminarily
determines that Wacker had no sales of subject merchandise during the
POI, and, therefore, we preliminarily determine not to further examine
Wacker as part of this investigation. As such, any entries of subject
merchandise exporterd by Wacker will be subject to the All-Others Rate.
For additional information regarding this determination, see the
Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
the Department preliminarily finds that critical circumstances do not
exist for Elkem, and for all other producers and exporters. For a full
description of the methodology and results of the Department's critical
circumstances analysis, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination the Department shall determine an
estimated all-others rate for all exporters and producers not
individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
The Department calculated an individual estimated weighted-average
dumping margin for Elkem AS (Elkem), the only individually-examined
exporter/producer in this investigation. Because the only individually-
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for Elkem is the margin assigned to all-other
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Elkem AS................................................ 3.74
All-Others.............................................. 3.74
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(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 Appendix
I, entered, or withdrawn from warehouse, for consumption on or after
the date of publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), the Department will instruct CBP to require a cash deposit
equal to the estimated weighted-average dumping margin, as follows: (1)
The cash deposit rate for the respondent listed above will be equal to
the company-specific estimated weighted-average dumping margin
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication 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.
[[Page 47477]]
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.\6\ 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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\6\ 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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of the Department's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On September 20, 2017, pursuant to 19 CFR 351.210(e), Elkem
requested that the Department postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\7\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, the Department is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, the
Department will make its final determination no later than 135 days
after the date of publication of this preliminary determination.
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\7\ See Letter from Elkem, ``Request for Postponement of Final
Determination,'' dated September 20, 2017.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its preliminary
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
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations performing the non-exclusive functions and duties of the
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 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. Preliminary Determination of No Sales
VI. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export Price
X. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison Market Prices
E. Calculation of NV Based on Constructed Value
XI. Currency Conversion
XII. Critical Circumstances
XIII. Conclusion
[FR Doc. 2017-22065 Filed 10-11-17; 8:45 am]
BILLING CODE 3510-DS-P
