Silicon Metal From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 47466-47469 [2017-22066]
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47466
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
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[FR Doc. 2017–22042 Filed 10–11–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–850]
Silicon Metal From Brazil: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, 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
AGENCY:
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
Brazil 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:
Robert James or Jesus Saenz, 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) 482–0649 or (202) 482–8184,
respectively.
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 August 1, 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
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
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The product covered by this
investigation is silicon metal from
1 See Silicon Metal from Australia, Brazil, and
Norway, 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
Brazil’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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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. 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, and rebuttal
comments 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.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. The Department has
preliminarily relied on the facts
otherwise available, in accordance with
section 776(a)(1) of the Act, to
determine an estimated weightedaverage dumping margin for Palmyra do
´
´
´
Brasil Industria e Comercio de Silıcio
´
Metalico e Recursos Naturais Ltda.
(Palmyra do Brasil) (formerly known as
´
´
Dow Corning Silıcio do Brasil Industria
´
e Comercio Ltda. (Dow Corning
´
Silıcio)).6 Furthermore, pursuant to
section 776(a) and (b) of the Act, the
Department has preliminarily relied
upon adverse facts available to
determine an estimated weighted-aveage
dumping margin for Ligas de Aluminio
S.A. (LIASA). For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 On August 23, 2017 Dow Corning Silıcio
´
notified the Department that it had legally changed
its name to Palmyra do Brasil. For further
´
discussion of Dow Corning Silıcio’s name change to
Palmyra do Brasil, see the Preliminary Decision
Memorandum.
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47467
All-Others Rate
Sections 733(d)(1)(A)(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.
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all
exporters and producers individually
examined are zero, de minimis, or
determined entirely under section 776
of the Act, then the Department may use
any reasonable method to establish the
estimated weighted-average dumping
margin for all other producers or
exporters.
The Department has preliminarily
determined the estimated weightedaverage dumping margin for each of the
individually examined respondents (i.e.,
Palmyra do Brasil and LIASA) entirely
under section 776 of the Act.
Consequently, the only available rates
for this preliminary determination are
the dumping margins alleged in the
Petition 7 and are the dumping margins
upon which we initiated this
investigation. Pursuant to section
735(c)(5)(B) of the Act, the Department’s
practice under these circumstances is to
calculate the ‘‘all-others’’ rate as a
simple average of the dumping margins
alleged in the Petition.8 For a full
7 See Silicon Metal from Australia, Brazil,
Kazakhstan and Norway: Antidumping and
Countervailing Duty Petition,’’ dated March 8, 2017
(the Petition).
8 See, e.g. Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 21909,
21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and
accompanying Issues and Decision Memorandum at
Comment 2; Notice of Final Determination of Sales
at Less Than Fair Value: Raw Flexible Magnets
From Taiwan, 73 FR 39673, 39674 (July 10, 2008);
Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and
Affirmative Preliminary Determination of Critical
Circumstances, 78 FR 79670, 79671 (December 31,
2013), unchanged in Steel Threaded Rod From
Thailand: Final Determination of Sales at Less
Than Fair Value and Affirmative Final
Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014); and Steel Concrete
Reinforcing Bar from Japan: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, 82 FR 12796, 12797 (March 7, 2017),
unchanged in Steel Concrete Reinforcing Bar from
Japan: Final Affirmative Determination of Sales at
Less Than Fair Value, 82 FR 23195 (May 22, 2017).
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
Preliminary Determination
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
´
´
´
´
Palmyra do Brasil Industria e Comercio de Silıcio Metalico e Recursos Naturais Ltda. (formerly known as Dow
´
´
´
Corning Silıcio do Brasil Industria e Comercio Ltda.) ..........................................................................................
Ligas de Aluminio S.A.—LIASA ..............................................................................................................................
All-Others .................................................................................................................................................................
Suspension of Liquidation
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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 as discussed below.
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,
adjusted for export subsidy offset(s), as
follows: (1) The cash deposit rate for the
respondents listed above will be equal
to the company-specific estimated
weighted-average dumping margins
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
estimated weighted-average dumping
margin for all other producers and
exporters. These suspension of
liquidation instructions will remain in
effect until further notice.
The Department normally adjusts
cash deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
9 See Silicon Metal From Brazil: Preliminary
Affirmative Countervailing Duty Determination,
and Alignment of Final Determination With Final
Antidumping Duty Determination, 82 FR 37841
(August 14, 2017), and accompanying Preliminary
Decision Memorandum at 4–9; and Memorandum
to the File from Jaron Moore, International Trade
Compliance Analyst, ‘‘Preliminary Margin
Calculations—Silicon Metal from Brazil,’’ dated
concurrently with this notice.
10 Id.
11 Id.
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when CVD provisional measures are in
effect.
Accordingly, as the Department
preliminarily made an affirmative
determination for countervailable export
subsidies, the Department has offset the
estimated weighted-average dumping
margins by the appropriate CVD rate to
determine the required cash deposit
rates. The adjusted cash deposit rates
may be found in the Preliminary
Determination section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation, the
Department will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Normally, the Department discloses to
interested parties the calculations
performed in connection with a
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 the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, the Department preliminarily
determined estimated weighted-avearge
dumping margins for both respondents
that are determined entirely under
section 776 of the Act. As these rates are
based solely on margins from the
Petition, there are no calculations to
disclose.
Verification
As explained in the Preliminary
Decision Memorandum, consistent with
section 782(d), we will afford Palmyra
do Brasil the opportunity to remedy
certain deficiencies in its reported sales
and further manufacturing cost data
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56.78
134.92
56.78
Cash
deposit
rate (adjusted
for export
subsidy
offset(s))
(percent)
9 56.24
10 134.38
11 56.24
after issuing this preliminary
determination. As provided in section
782(i)(1) of the Act, we intend to verify
this respondent’s information if we rely
upon it in making our final
determination. We do not intend to
verify LIASA as it has been found to
have been uncooperative in this
investigation.
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.12
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
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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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 fourmonth period to a period not more than
six months in duration.
On September 6, 2017, pursuant to 19
CFR 351.210(e), Palmyra do Brasil
requested that the Department postpone
the final determination and that
provisional measures be extended to a
period not to exceed six months.13 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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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.
SUPPLEMENTARY INFORMATION:
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Name Change for Dow Corning Silicio do
´
´
Brasil Industria e Comercio Ltda.
IV. Period of Investigation
V. Scope Comments
VI. Application of Facts Available and Use of
Adverse Facts Available
A. Application of Facts Available
B. Use of Adverse Inference for LIASA
C. Preliminary Estimated WeightedAverage Dumping Margin Based on AFA
D. Corroboration of Secondary Information
VII. Conclusion
BILLING CODE 3510–DS–P
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.
VerDate Sep<11>2014
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.
Department) published the preliminary
results of the administrative review and
intent to rescind the new shipper review
of the antidumping duty order on
freshwater crawfish tail meat from the
People’s Republic of China (PRC). The
period of review (POR) for the
administrative review and aligned new
shipper review is September 1, 2015,
through August 31, 2016. Based on our
analysis of the comments received, the
Department has made changes to the
margin calculations for the final results
of the administrative review. The
Department continues to find that
Jingzhou Tianhe Aquatic Products,
Ltd.’s (Jingzhou Tianhe) single sale
made to the United States during the
POR was not bona fide and, therefore,
is rescinding the new shipper review
with respect to Jingzhou Tianhe.
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3683 or (202) 482–1690,
respectively.
Background
On June 7, 2017, the Department
published the preliminary results of the
administrative review and intent to
rescind the new shipper review of the
antidumping duty order on freshwater
crawfish tail meat from the People’s
Republic of China (the PRC) 1 and
invited interested parties to comment.
On July 14, 2017, Hubei Nature
Agriculture Industry Co., Ltd. (Hubei
Nature) timely submitted its case brief
in the administrative review and, on
July 19, 2017, the Crawfish Processors
Alliance 2 (the petitioners) timely
[FR Doc. 2017–22066 Filed 10–11–17; 8:45 am]
International Trade Commission
Notification
13 See Letter from Palmyra do Brasil, ‘‘Silicon
Metal from Brazil/Exporter’s Request for
Postponement of Final Antidumping
Determination’’ dated September 6, 2017.
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).
47469
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review and Rescission
of New Shipper Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 7, 2017, the
Department of Commerce (the
AGENCY:
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1 See Freshwater Crawfish Tail Meat from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review,
Rescission of Review in Part, and Preliminary Intent
to Rescind New Shipper Review; 2015–2016, 82 FR
26435 (June 7, 2017), and accompanying Decision
Memorandum (Preliminary Decision Memorandum)
(collectively, Preliminary Results).
2 The Crawfish Processors Alliance consists of the
following firms: A&S Crawfish; Acadiana
Fishermen’s Cooperative; Arnaudville Seafood
Plant; Atchafalaya Crawfish Processors; Atchafalaya
Crawfish Processing, L.L.C.; Bayou Land Seafood,
LLC; Bieber Farms Crawfish, Inc.; Blanchard’s
Seafood, Inc.; Bonanza Crawfish Farm, Inc.; CJL
Enterprise, Inc. d/b/a C.J.’s; Cajun Central, Inc.;
Cajun Seafood Distributor, Inc.; Catahoula Crawfish,
Inc.; Choplin Seafood; Clearwater Crawfish;
Crawfish Enterprises, Inc.; Dugas Seafood aka Carl’s
Seafood; Toups Crawfish, L.L.C.; Harvestime
Seafood; Harvey’s Seafood; Louisiana Seafood Co.;
Louisiana Premium Seafood; L.T. West, Inc.;
E:\FR\FM\12OCN1.SGM
Continued
12OCN1
]]>Agencies
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47466-47469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22066]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-850]
Silicon Metal From Brazil: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, 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
[[Page 47467]]
Brazil 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: Robert James or Jesus Saenz, 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) 482-0649 or (202)
482-8184, respectively.
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 August 1, 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 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.
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\1\ See Silicon Metal from Australia, Brazil, and Norway, 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 Brazil'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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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. 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, and
rebuttal comments 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.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. The Department has preliminarily relied on the
facts otherwise available, in accordance with section 776(a)(1) of the
Act, to determine an estimated weighted-average dumping margin for
Palmyra do Brasil Ind[uacute]stria e Com[eacute]rcio de Sil[iacute]cio
Met[aacute]lico e Recursos Naturais Ltda. (Palmyra do Brasil) (formerly
known as Dow Corning Sil[iacute]cio do Brasil Ind[uacute]stria e
Com[eacute]rcio Ltda. (Dow Corning Sil[iacute]cio)).\6\ Furthermore,
pursuant to section 776(a) and (b) of the Act, the Department has
preliminarily relied upon adverse facts available to determine an
estimated weighted-aveage dumping margin for Ligas de Aluminio S.A.
(LIASA). For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
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\6\ On August 23, 2017 Dow Corning Sil[iacute]cio notified the
Department that it had legally changed its name to Palmyra do
Brasil. For further discussion of Dow Corning Sil[iacute]cio's name
change to Palmyra do Brasil, see the Preliminary Decision
Memorandum.
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All-Others Rate
Sections 733(d)(1)(A)(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.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis, or determined
entirely under section 776 of the Act, then the Department may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters.
The Department has preliminarily determined the estimated weighted-
average dumping margin for each of the individually examined
respondents (i.e., Palmyra do Brasil and LIASA) entirely under section
776 of the Act. Consequently, the only available rates for this
preliminary determination are the dumping margins alleged in the
Petition \7\ and are the dumping margins upon which we initiated this
investigation. Pursuant to section 735(c)(5)(B) of the Act, the
Department's practice under these circumstances is to calculate the
``all-others'' rate as a simple average of the dumping margins alleged
in the Petition.\8\ For a full
[[Page 47468]]
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
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\7\ See Silicon Metal from Australia, Brazil, Kazakhstan and
Norway: Antidumping and Countervailing Duty Petition,'' dated March
8, 2017 (the Petition).
\8\ See, e.g. Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
Notice of Final Determination of Sales at Less Than Fair Value: Raw
Flexible Magnets From Taiwan, 73 FR 39673, 39674 (July 10, 2008);
Steel Threaded Rod from Thailand: Preliminary Determination of Sales
at Less Than Fair Value and Affirmative Preliminary Determination of
Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013),
unchanged in Steel Threaded Rod From Thailand: Final Determination
of Sales at Less Than Fair Value and Affirmative Final Determination
of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014); and
Steel Concrete Reinforcing Bar from Japan: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 82 FR 12796, 12797
(March 7, 2017), unchanged in Steel Concrete Reinforcing Bar from
Japan: Final Affirmative Determination of Sales at Less Than Fair
Value, 82 FR 23195 (May 22, 2017).
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Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
average for export
Exporter/producer dumping subsidy
margin offset(s))
(percent) (percent)
------------------------------------------------------------------------
Palmyra do Brasil Ind[uacute]stria e 56.78 \9\ 56.24
Com[eacute]rcio de Sil[iacute]cio
Met[aacute]lico e Recursos Naturais
Ltda. (formerly known as Dow Corning
Sil[iacute]cio do Brasil
Ind[uacute]stria e Com[eacute]rcio
Ltda.).................................
Ligas de Aluminio S.A.--LIASA........... 134.92 \10\ 134.38
All-Others.............................. 56.78 \11\ 56.24
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Suspension of Liquidation
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\9\ See Silicon Metal From Brazil: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination With Final Antidumping Duty Determination, 82 FR 37841
(August 14, 2017), and accompanying Preliminary Decision Memorandum
at 4-9; and Memorandum to the File from Jaron Moore, International
Trade Compliance Analyst, ``Preliminary Margin Calculations--Silicon
Metal from Brazil,'' dated concurrently with this notice.
\10\ Id.
\11\ Id.
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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 as
discussed below. 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,
adjusted for export subsidy offset(s), as follows: (1) The cash deposit
rate for the respondents listed above will be equal to the company-
specific estimated weighted-average dumping margins 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 estimated weighted-average dumping margin for all other
producers and exporters. These suspension of liquidation instructions
will remain in effect until further notice.
The Department normally adjusts cash deposits for estimated
antidumping duties by the amount of export subsidies countervailed in a
companion countervailing duty (CVD) proceeding, when CVD provisional
measures are in effect.
Accordingly, as the Department preliminarily made an affirmative
determination for countervailable export subsidies, the Department has
offset the estimated weighted-average dumping margins by the
appropriate CVD rate to determine the required cash deposit rates. The
adjusted cash deposit rates may be found in the Preliminary
Determination section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, the Department will direct CBP to begin collecting
estimated antidumping duty cash deposits unadjusted for countervailed
export subsidies at the time that the provisional CVD measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with a 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 the notice
of preliminary determination in the Federal Register, in accordance
with 19 CFR 351.224(b). However, the Department preliminarily
determined estimated weighted-avearge dumping margins for both
respondents that are determined entirely under section 776 of the Act.
As these rates are based solely on margins from the Petition, there are
no calculations to disclose.
Verification
As explained in the Preliminary Decision Memorandum, consistent
with section 782(d), we will afford Palmyra do Brasil the opportunity
to remedy certain deficiencies in its reported sales and further
manufacturing cost data after issuing this preliminary determination.
As provided in section 782(i)(1) of the Act, we intend to verify this
respondent's information if we rely upon it in making our final
determination. We do not intend to verify LIASA as it has been found to
have been uncooperative in this investigation.
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.\12\ 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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\12\ 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
[[Page 47469]]
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 6, 2017, pursuant to 19 CFR 351.210(e), Palmyra do
Brasil requested that the Department postpone the final determination
and that provisional measures be extended to a period not to exceed six
months.\13\ 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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\13\ See Letter from Palmyra do Brasil, ``Silicon Metal from
Brazil/Exporter's Request for Postponement of Final Antidumping
Determination'' dated September 6, 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. Name Change for Dow Corning Silicio do Brasil Ind[uacute]stria
e Com[eacute]rcio Ltda.
IV. Period of Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Facts
Available
A. Application of Facts Available
B. Use of Adverse Inference for LIASA
C. Preliminary Estimated Weighted-Average Dumping Margin Based
on AFA
D. Corroboration of Secondary Information
VII. Conclusion
[FR Doc. 2017-22066 Filed 10-11-17; 8:45 am]
BILLING CODE 3510-DS-P
