Silicon Metal From Australia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 47471-47473 [2017-22067]
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
withdrawn from warehouse, for
consumption on or after the publication
date as provided by section 751(a)(2)(C)
of the Act: (1) For subject merchandise
exported by the companies listed above,
the cash deposit rate will be the rate
established in the final results of the
administrative review for each exporter
as listed above, except if the rate is zero
or de minimis, then no cash deposit will
be required for that exporter; (2) for
previously investigated companies not
listed above that have separate rates, the
cash deposit rate will continue to be the
company-specific rate published for the
investigation; (3) for all other PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 223.01 percent;
and (4) 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 entity that supplied that non-PRC
exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the final results in
accordance with 19 CFR 351.224(b).
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Notification to Importers
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 review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 violation subject to sanction.
We are issuing and publishing these
final results of administrative and new
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Jkt 244001
shipper reviews in accordance with
sections 751(a)(1), 751(a)(2)(B)(iii),
751(a)(3), 777(i) of the Act and 19 CFR
351.213(h) and 351.214.
Dated: October 5, 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
List of Topics Discussed in the Issues and
Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Surrogate Country
V. Separate Rates
VI. Discussion of the Issues
Comment 1: Calculation of Surrogate Value
for Non-Refrigerated Inland Freight
Expenses
Comment 2: Selection of Financial
Information to Value Factory Overhead,
Selling, General & Administrative
Expenses, and Profit
VII. Recommendation
[FR Doc. 2017–22071 Filed 10–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–810]
Silicon Metal From Australia:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances,
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
Australia 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:
Brian Smith or Denisa Ursu, 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) 482–1766 or (202) 482–2285,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
PO 00000
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47471
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
The product covered by this
investigation is silicon metal from
Australia. 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
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
Australia’’ 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.
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
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.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. The Department has
calculated constructed export prices in
accordance with section 772(b) of the
Act. Normal value (NV) 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.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Preliminary Affirmative 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 exist for Simcoa.
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 Simcoa Operations
Pty Ltd. (Simcoa), the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
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22:35 Oct 11, 2017
Jkt 244001
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for Simcoa is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
published. The Department
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced or
exported by Simcoa and all others. In
accordance with section 733(e)(2)(A) of
the Act, the suspension of liquidation
Preliminary Determination
shall apply to unliquidated entries of
The Department preliminarily
shipments of subject merchandise from
determines that the following estimated the producer(s) or exporter(s) identified
weighted-average dumping margins
in this paragraph that were entered, or
exist:
withdrawn from warehouse, for
consumption on or after the date which
Estimated
is 90 days before the publication of this
weightednotice.
average
Exporter/producer
dumping
The Department normally adjusts
margin
cash deposits for estimated antidumping
(percent)
duties by the amount of export subsidies
Simcoa Operations Pty Ltd ..
20.79 countervailed in a companion
All-Others ..............................
20.79 countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. In the concurrent CVD silicon
Suspension of Liquidation
metal investigation, however, the
In accordance with section 773(d)(2)
Department preliminarily did not make
of the Act, the Department will direct
an affirmative determination for
U.S. Customs and Border Protection
countervailable export subsidies.
(CBP) to suspend liquidation of subject
Therefore, the Department has not offset
merchandise as described in the scope
the estimated weighted-average
of the investigation section entered, or
dumping margins by countervailable
withdrawn from warehouse, for
export subsidies.
consumption on or after the date of
publication of this notice in the Federal Disclosure
Register, as discussed below. Further,
The Department intends to disclose
pursuant to section 733(d)(1)(B) of the
its calculations and analysis performed
Act and 19 CFR 351.205(d), the
Department will instruct CBP to require to interested parties in this preliminary
determination within five days of any
a cash deposit equal to the estimated
public announcement or, if there is no
weighted-average dumping margin or
the estimated all-others rate, as follows: public announcement, within five days
of the date of publication of this notice
(1) The cash deposit rate for the
respondent listed above will be equal to in accordance with 19 CFR 351.224(b).
the company-specific estimated
Verification
weighted-average dumping margin
As provided in section 782(i)(1) of the
determined in this preliminary
Act, the Department intends to verify
determination; (2) if the exporter is not
the information relied upon in making
a respondent identified above, but the
its final determination.
producer is, then the cash deposit rate
will be equal to the company-specific
Public Comment
estimated weighted-average dumping
margin established for that producer of
Case briefs or other written comments
the subject merchandise; and (3) the
may be submitted to the Assistant
cash deposit rate for all other producers Secretary for Enforcement and
and exporters will be equal to the allCompliance no later than seven days
others estimated weighted-average
after the date on which the last
dumping margin. These suspension of
verification report is issued in this
liquidation instructions will remain in
investigation. Rebuttal briefs, limited to
effect until further notice.
issues raised in case briefs, may be
Section 733(e)(2) of the Act provides
submitted no later than five days after
that, given an affirmative determination the deadline date for case briefs.6
of critical circumstances, any
Pursuant to 19 CFR 351.309(c)(2) and
suspension of liquidation shall apply to (d)(2), parties who submit case briefs or
unliquidated entries of subject
rebuttal briefs in this investigation are
merchandise entered, or withdrawn
encouraged to submit with each
from warehouse, for consumption on or argument: (1) A statement of the issue;
after the later of (a) the date which is 90 (2) a brief summary of the argument;
days before the date on which the
and (3) a table of authorities.
suspension of liquidation was first
ordered, or (b) the date on which notice
6 See 19 CFR 351.309; see also 19 CFR 351.303
of initiation of the investigation was
(for general filing requirements).
PO 00000
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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 fourmonth period to a period not more than
six months in duration.
On September 13, 2017, pursuant to
19 CFR 351.210(e), Simcoa 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
7 See Letter from Simcoa, ‘‘Silicon Metal from
Australia: Request for Postponement of Final
Determination,’’ dated September 13, 2017.
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22:35 Oct 11, 2017
Jkt 244001
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
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. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Constructed Export Price
IX. Normal Value
A. Home Market Viability
B. Level of Trade
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47473
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
X. Currency Conversion
XI. Critical Circumstances
XII. Conclusion
[FR Doc. 2017–22067 Filed 10–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 03–3A008]
Export Trade Certificate of Review
Notice of Issuance of an
amended Export Trade Certificate of
Review to California Pistachio Export
Council (‘‘CPEC’’), Application No. 03–
3A008.
ACTION:
The U.S. Department of
Commerce issued an amended Export
Trade Certificate of Review to CPEC on
October 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Joseph E. Flynn, Director, Office of
Trade and Economic Analysis
(‘‘OTEA’’), International Trade
Administration, by telephone at (202)
482–5131 (this is not a toll-free number)
or email at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. Sections 4001–21)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. The regulations implementing
Title III are found at 15 CFR part 325
(2016). OTEA is issuing this notice
pursuant to 15 CFR 325.6(b), which
requires the Secretary of Commerce to
publish a summary of the certification
in the Federal Register. Under Section
305(a) of the Act and 15 CFR 325.11(a),
any person aggrieved by the Secretary’s
determination may, within 30 days of
the date of this notice, bring an action
in any appropriate district court of the
United States to set aside the
determination on the ground that the
determination is erroneous.
SUMMARY:
Description of Amended Certificate
CPEC’s Export Trade Certificate of
Review has been amended to:
• Remove Horizon Marketing Agency in
Common Cooperative Inc. as a
Member
• Add the following new Members:
Æ Arizona Nut Company, LLC
(controlling entity A&P Ranch, L.P.)
Æ Horizon Growers Cooperative, Inc.
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]]>Agencies
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47471-47473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22067]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-810]
Silicon Metal From Australia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Affirmative
Determination of Critical Circumstances, 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 Australia 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: Brian Smith or Denisa Ursu, 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) 482-1766 or (202)
482-2285, 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.
---------------------------------------------------------------------------
\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 Australia'' 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
Australia. 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
[[Page 47472]]
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 constructed
export prices in accordance with section 772(b) of the Act. Normal
value (NV) 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 Affirmative 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 exist
for Simcoa. 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 Simcoa
Operations Pty Ltd. (Simcoa), 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 Simcoa 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)
------------------------------------------------------------------------
Simcoa Operations Pty Ltd............................... 20.79
All-Others.............................................. 20.79
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 773(d)(2) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation 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, 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 or the estimated all-others rate, 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.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. The Department
preliminarily finds that critical circumstances exist for imports of
subject merchandise produced or exported by Simcoa and all others. In
accordance with section 733(e)(2)(A) of the Act, the suspension of
liquidation shall apply to unliquidated entries of shipments of subject
merchandise from the producer(s) or exporter(s) identified in this
paragraph that were entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this 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. In the concurrent CVD silicon metal
investigation, however, the Department preliminarily did not make an
affirmative determination for countervailable export subsidies.
Therefore, the Department has not offset the estimated weighted-average
dumping margins by countervailable export subsidies.
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.
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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[[Page 47473]]
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 13, 2017, pursuant to 19 CFR 351.210(e), Simcoa
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 Simcoa, ``Silicon Metal from Australia:
Request for Postponement of Final Determination,'' dated September
13, 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. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Constructed Export Price
IX. 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
X. Currency Conversion
XI. Critical Circumstances
XII. Conclusion
[FR Doc. 2017-22067 Filed 10-11-17; 8:45 am]
BILLING CODE 3510-DS-P
