Silicon Metal From Australia: Affirmative Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances in Part, 9839-9842 [2018-04657]
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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
merchandise selected for individual
examination in this investigation.8
Commerce assigned a rate based
entirely on facts otherwise available
with an adverse inference pursuant to
section 776 of the Act to Ligas de
Aluminio S.A.—LIASA (LIASA).
Section 705(c)(5)(A) of the Act
provides that in the final determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
zero and de minimis rates and any rates
based entirely under section 776 of the
Act.
The only rate for an individuallyexamined respondent that is not zero,
de minimis or based entirely on adverse
facts otherwise available is the rate
calculated for Palmyra do Brasil.
Consequently, the rate calculated for
Palmyra do Brasil is also assigned as the
rate for all-other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Commerce determines that the
following estimated countervailable
subsidy rates exist:
Subsidy
rate
(percent)
Company
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withdrawn from warehouse, for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 the Preliminary
Determination in the Federal Register.
In accordance with section 703(d) of the
Act, we issued instructions to CBP to
discontinue the suspension of
liquidation for countervailing duty
(CVD) purposes for subject merchandise
entered, or withdrawn from warehouse,
on or after December 12, 2017, but to
continue the suspension of liquidation
of all entries from August 14, 2017,
through December 11, 2017.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a CVD order, will reinstate the
suspension of liquidation under section
706(a) of the Act, and will require a cash
deposit of estimated countervailing
duties for such entries of subject
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
International Trade Commission
Notification
In accordance with section 705(d) of
the Act, Commerce will notify the ITC
2.44 of its determination. In addition, we are
52.51 making available to the ITC all non2.44 privileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
Disclosure
privileged and business proprietary
We intend to disclose to parties in
information in our files, provided the
this proceeding the calculations
ITC confirms that it will not disclose
performed for this final determination
such information, either publicly or
within five days of the date of
under an administrative protective order
publication of our final determination,
(APO), without the written consent of
in accordance with 19 CFR 351.224(b).
the Assistant Secretary for Enforcement
Continuation of Suspension of
and Compliance.
Liquidation
Notification Regarding Administrative
As a result of our Preliminary
Protective Orders
Determination and pursuant to section
In the event that the ITC issues a final
703(d)(1)(B) and (d)(2) of the Act,
Commerce instructed U.S. Customs and negative injury determination, this
notice will serve as the only reminder
Border Protection (CBP) to suspend
to parties subject to an APO of their
liquidation of entries of subject
responsibility concerning the
8 Palmyra do Brasil reported that it changed its
destruction of proprietary information
´
name from Dow Corning Silicio do Brasil Industria
disclosed under APO in accordance
´
e Comercio Ltda. (DC Silicio) on June 30, 2017.
with 19 CFR 351.305(a)(3). Timely
Commerce verified this name change. See Issues
written notification of the return/
and Decision Memorandum at 2.
destruction of APO materials or
9 As discussed in the Preliminary Determination,
Commerce has found the following companies to be conversion to judicial protective order is
cross-owned with Palmyra do Brasil, previously
hereby requested. Failure to comply
´
known as Dow Corning Silicio do Brasil Industria
with the regulations and terms of an
´
e Comercio Ltda. (DC Silicio): Palmyra Recursos
APO is a violation which is subject to
´
Naturais Exploracao e Comercio Ltda. and Dow
¸˜
´
Corning Metais do Para IND.
sanction.
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´
Palmyra do Brasil Industria e
´
´
Comercio de Silicio Metalico e
Recursos Naturais Ltda.9 ........
Ligas de Aluminio S.A.—LIASA
All-Others ....................................
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9839
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act and 19 CFR
351.210(c).
Dated: February 27, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I—Scope of the Investigation
The scope of this investigation covers all
forms and sizes of silicon metal, including
silicon metal powder. Silicon metal contains
at least 85.00 percent but less than 99.99
percent silicon, and less than 4.00 percent
iron, by actual weight. Semiconductor grade
silicon (merchandise containing at least
99.99 percent silicon by actual weight and
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 2804.61.0000) is excluded from
the scope of these investigations.
Silicon metal is currently classifiable
under subheadings 2804.69.1000 and
2804.69.5000 of the HTSUS. While HTSUS
numbers are provided for convenience and
customs purposes, the written description of
the scope remains dispositive.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Use of Facts Otherwise Available and
Adverse Inferences
IV. Subsidies Valuation
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether the Tax Incentives in
´
the State of Para (ICMS) Program Is
Countervailable
Comment 2: Whether the Predominantly
Exporting Companies (PEC) Program Is
Countervailable
Comment 3: Whether Palmyra do Brasil
Received Reintegra Benefits During the
Period of Investigation (POI)
Comment 4: Whether the Forest Fee
Reduction Program Is Countervailable
VII. Recommendation
[FR Doc. 2018–04661 Filed 3–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–810]
Silicon Metal From Australia:
Affirmative Final Determination of
Sales at Less Than Fair Value and
Final Affirmative Determination of
Critical Circumstances in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
silicon metal from Australia are being,
AGENCY:
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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
or are likely to be, sold in the United
States at less than fair value (LTFV). In
addition, we determine that critical
circumstances exist with respect to
certain imports of the subject
merchandise. The period of
investigation (POI) is January 1, 2016,
through December 31, 2016. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES:
Applicable March 8, 2018.
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 and (202) 482–2285,
respectively.
SUPPLEMENTARY INFORMATION:
Background
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On October 12, 2017, Commerce
published the Preliminary
Determination of sales at LTFV of
silicon metal from Australia.1
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018. If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the final determination of this
investigation is now February 27, 2018.2
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum, which is adopted by this
notice.3
1 See 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, 82 FR 47471 (October 12, 2017)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Silicon Metal from Australia,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this
investigation is silicon metal from
Australia. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation’’ in
Appendix I of this notice.
Scope Comments
During the course of this
investigation, Commerce received
numerous scope comments from
interested parties. Prior to the
Preliminary Determination, Commerce
issued a Preliminary Scope Decision
Memorandum 4 to address these
comments. Since the Preliminary
Determination, Globe Specialty Metals,
Inc. (the petitioner), submitted a case
brief and interested parties submitted
rebuttal briefs concerning the limits to
silicon content as specified in the
scope.5
Commerce reviewed these briefs,
considered the arguments therein, and
is not making any additional changes to
the scope of the investigation. For
further discussion, see Commerce’s
Final Scope Decision Memorandum.6
The scope in Appendix I reflects the
final scope language.
Analysis of Comments Received
All issues raised in the petitioner’s
case briefs 7 are addressed in either the
Final Scope Decision Memorandum or
the Issues and Decision Memorandum
accompanying this notice, which is
hereby adopted by this notice. A list of
the issues addressed in the Issues and
Decision Memorandum is attached to
this notice at Appendix II. The Issues
and 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 it is available to
all parties in the Central Records Unit,
Room B–8024 of the main Department
of Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
4 See Memorandum, ‘‘Silicon Metal from
Australia, Brazil, Kazakhstan, and Norway: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated June 29, 2017
(Preliminary Scope Decision Memorandum).
5 These parties include Wacker Chemicals
Norway A.S., Elkem AS, and the petitioner.
6 See Memorandum, ‘‘Silicon Metal from
Australia, Brazil, Kazakhstan, and Norway: Final
Scope Comments Decision Memorandum,’’ dated
February 27, 2018 (Final Scope Decision
Memorandum).
7 Only the petitioner submitted case briefs in this
investigation.
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frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
we informed Simcoa Operations Pty
Ltd. (Simcoa),8 that we intended to
verify its submitted sales and cost
information.9 However, on October 12,
2017, Simcoa notified Commerce that it
will no longer participate in this
investigation.10 As a result, Commerce
was unable to verify Simcoa’s
information as required under section
782(i)(1) of the Act.
Changes Since the Preliminary
Determination
Based on Simcoa’s decision to no
longer participate in this investigation
and our analysis of the comments
received, we find that Simcoa has been
uncooperative in this investigation and
that facts available with an adverse
inference with respect to Simcoa is
warranted in the final determination in
accordance with sections 776(a) and (b)
of the Act and 19 CFR 351.308. For
further discussion, see ‘‘Use of Adverse
Facts Available’’ section below and the
Issues and Decision Memorandum.
Final Affirmative Determination of
Critical Circumstances in Part
In accordance with section 733(e)(1)
of the Act and 19 CFR 351.206, we
preliminarily found that critical
circumstances exist with respect to
imports of silicon metal from Simcoa,
and do not exist with respect to
companies covered by the ‘‘all others’’
rate.11 Commerce received no comments
regarding this issue after the
Preliminary Determination. Therefore,
for the final determination, we continue
to find that, in accordance with section
735(a)(3) of the Act, and 19 CFR
351.206, critical circumstances exist
with respect to subject merchandise
produced or exported by Simcoa, but do
8 Simcoa is the sole mandatory respondent in this
case.
9 See Preliminary Determination, 82 FR at 47472.
10 See Letter from Simcoa to the U.S. Secretary of
Commerce, ‘‘Silicon Metal from Australia:
Withdrawal from Participation as a Respondent,’’
dated October 12, 2017.
11 See Preliminary Decision Memorandum, at 14–
16. Note: the Preliminary Determination, at 82 FR
47472, incorrectly stated that critical circumstances
exist for imports of the subject merchandise
produced or exported by Simcoa and all others. It
should have stated that critical circumstances exist
for imports of the subject merchandise produced or
exported by Simcoa only, consistent with the
analysis in the Preliminary Decision Memorandum,
at 14–16.
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not exist with respect to companies
covered by the ‘‘all others’’ rate.
Use of Adverse Facts Available
The mandatory respondent Simcoa
failed to allow its sales and cost data to
be verified by Commerce. Therefore, we
find that the application of facts
available with an adverse inference with
respect to Simcoa is warranted in the
final determination. In applying total
adverse facts available, Commerce has
assigned to Simcoa’s exports of the
subject merchandise the rate of 51.28
percent, which is the highest rate
calculated in the Petition.12 For further
discussion, see the Issues and Decision
Memorandum at Comments 1 and 2.
Disclosure
The weighted-average dumping
margin assigned to Simcoa in the final
determination of this investigation is the
highest rate calculated in the Petition
and the all others rate is the simple
average of the margins in the Petition.
Neither the dumping margin assigned to
Simcoa nor the margins used to
calculate the all others rate are
proprietary in nature and they are
considered to be public information (in
both the Petition and in the Australia
AD Initiation Checklist).15 As the rate
assigned to Simcoa and the all others
rate are based on margins in the
Petition, no disclosure of calculations is
necessary for this final determination.
Continuation of Suspension of
Liquidation
Section 735(c)(5)(B) of the Act
In accordance with section
provides where, as here, the estimated
735(c)(1)(B) of the Act, for this final
weighted-average dumping margins
determination, we will direct U.S.
established for all exporters and
Customs and Border Protection (CBP) to
producers individually investigated are
continue to suspend liquidation of all
zero or de minimis margins, or based
entries of silicon metal from Australia,
entirely on facts available pursuant to
as described in Appendix I of this
section 776 of the Act, Commerce may
notice, which are entered, or withdrawn
use any reasonable method to establish
from warehouse, for consumption on or
the all others rate for exporters and
after October 12, 2017, the date of
producers not individually investigated. publication in the Federal Register of
Where the sole individually investigated the affirmative Preliminary
respondent’s margin is based on total
Determination.
For entries made by Simcoa, in
AFA under section 776 of the Act, our
accordance with section 735(c)(4)(A) of
practice under these circumstances has
the Act, because we continue to find
been to assign as the all others rate the
that critical circumstances exist, we will
simple average of the margins in the
instruct CBP to continue to suspend
Petition,13 which we have done for this
liquidation of all appropriate entries of
final determination.14
silicon metal from Australia which were
Final Determination
entered, or withdrawn from warehouse,
for consumption on or after July 14,
The final weighted-average dumping
2017, which is 90 days prior to the date
margins are as follows:
of publication of the Preliminary
Determination. Additionally, for entries
Dumping
made by companies covered by the ‘‘all
Exporter
margin
others’’ rate, in accordance with section
(percent)
735(c)(4)(B) of the Act, because we
Simcoa Operations Pty Ltd.
51.28 continue to find that critical
All Others ..............................
41.73 circumstances do not exist with regard
to imports from all other producers and
exporters of silicon metal from
12 See Petitions for the Imposition of
Australia, we will instruct CBP to
Antidumping and Countervailing Duties: Silicon
continue to suspend liquidation of all
Metal from Australia, Brazil, Kazakhstan, and
Norway, dated March 8, 2017 (the Petition), Volume appropriate entries of silicon metal from
II at 5.
Australia which were entered, or
13 See, e.g., Certain Uncoated Paper from
withdrawn from warehouse, for
Australia: Final Determination of Sales at Less
consumption on or after October 12,
Than Fair Value and Affirmative Final
Determination of Critical Circumstances, In Part, 81 2017, which is the date of publication
FR 3108 (January 20, 2016), and Notice of
of the Preliminary Determination.
Preliminary Determination of Sales at Less Than
Pursuant to section 735(c)(1) of the Act,
Fair Value: Light-Walled Rectangular Pipe and
we will instruct CBP to require a cash
Tube from Turkey, 73 FR 5508 (January 30, 2008)
sradovich on DSK3GMQ082PROD with NOTICES
All-Others Rate
(unchanged in Notice of Final Determination of
Sales at Less Than Fair Value: Light-Walled
Rectangular Pipe and Tube from Turkey, 73 FR
19814 (April 11, 2008)).
14 See the Petition, Volume II, at Exhibit AU–AD
1.
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15 See the Petition, Volume II at 5 and 48; see also
Initiation Notice and accompanying Antidumping
Duty Investigation Initiation Checklist: Silicon
Metal from Australia (Australia AD Initiation
Checklist), at pages 5–9.
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9841
deposit equal to the margins indicated
in the chart above.16 These suspension
of liquidation instructions will remain
in effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports, or
sales (or the likelihood of sales) for
importation of silicon metal from
Australia no later than 45 days after this
final determination. If the ITC
determines that such injury does not
exist, this proceeding will be terminated
and all cash deposits posted will be
refunded or canceled. If the ITC
determines that such injury does exist,
Commerce will issue an antidumping
duty order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
16 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
Dated: February 27, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I—Scope of the Investigation
The scope of this investigation covers all
forms and sizes of silicon metal, including
silicon metal powder. Silicon metal contains
at least 85.00 percent but less than 99.99
percent silicon, and less than 4.00 percent
iron, by actual weight. Semiconductor grade
silicon (merchandise containing at least
99.99 percent silicon by actual weight and
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 2804.61.0000) is excluded from
the scope of 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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Discussion of the Issues:
Comment 1: Application of Facts Available
for Simcoa
Comment 2: Appropriate Rate for Use as
Adverse Facts Available
IV. Recommendation
[FR Doc. 2018–04657 Filed 3–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–880]
Polytetrafluoroethylene Resin From
India: Preliminary Affirmative
Countervailing Duty Determination
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Scope Comments
Background
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).6 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.7
Commerce is preliminarily adopting the
scope language as it appeared in the
Initiation Notice.
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 26, 2017.1 On December 7,
2017, Commerce postponed the
preliminary determination of this
investigation to February 26, 2018.2
Commerce exercised its discretion to
toll deadlines for the duration of the
closure of the Federal Government from
January 20 through 22, 2018. As a result,
the deadline for this preliminary
determination became February 28,
2018.3 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
polytetrafluoroethylene resin (PTFE
resin) from India. The period of
investigation is April 1, 2016, through
March 31, 2017.
DATES: Effective March 8, 2018.
FOR FURTHER INFORMATION CONTACT:
Toby Vandall, Emily Halle, or Aimee
Phelan, 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) 482–1664,
(202) 482–0176, or (202) 482–0697,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
The product covered by this
investigation is PTFE resin from India.
For a complete description of the scope
of this investigation, see Appendix I.
1 See Polytetrafluoroethylene Resin from India:
Initiation of Countervailing Duty Investigation, 82
FR 49592 (October 26, 2017) (Initiation Notice).
2 See Polytetrafluoroethylene Resin from India:
Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 82 FR 57727
(December 7, 2017). The postponement of the
preliminary determination to the 130th day after
initiation of the investigation resulted in the
deadline falling on Sunday, February 25, 2018.
Consistent with Commerce’s practice, the deadline
became the next business day, Monday, February
26. Id. at footnote 6.
3 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by three days.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of
Polytetrafluoroethylene Resin from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that the
government of India did not act to the
best of its ability to respond to
Commerce’s requests for information,
Commerce drew an adverse inference
where appropriate in selecting from
among the facts otherwise available.9
For further information, see ‘‘Use of
Facts Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See Memorandum, ‘‘Polytetrafluoroethylene
Resin from India and the People’s Republic of
China: Scope Comments Decision Memorandum for
the Preliminary Determinations,’’ dated
concurrently with this notice (Preliminary Scope
Decision Memorandum).
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See sections 776(a) and (b) of the Act.
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9839-9842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04657]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-810]
Silicon Metal From Australia: Affirmative Final Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of silicon metal from Australia are being,
[[Page 9840]]
or are likely to be, sold in the United States at less than fair value
(LTFV). In addition, we determine that critical circumstances exist
with respect to certain imports of the subject merchandise. The period
of investigation (POI) is January 1, 2016, through December 31, 2016.
The final dumping margins of sales at LTFV are listed below in the
``Final Determination'' section of this notice.
DATES: Applicable March 8, 2018.
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 and (202)
482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 12, 2017, Commerce published the Preliminary
Determination of sales at LTFV of silicon metal from Australia.\1\
Commerce exercised its discretion to toll all deadlines affected by the
closure of the Federal Government from January 20 through 22, 2018. If
the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the final determination of this investigation
is now February 27, 2018.\2\
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\1\ See 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, 82 FR
47471 (October 12, 2017) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum, which is adopted by this notice.\3\
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Silicon Metal from Australia,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is silicon metal from
Australia. For a full description of the scope of this investigation,
see the ``Scope of the Investigation'' in Appendix I of this notice.
Scope Comments
During the course of this investigation, Commerce received numerous
scope comments from interested parties. Prior to the Preliminary
Determination, Commerce issued a Preliminary Scope Decision Memorandum
\4\ to address these comments. Since the Preliminary Determination,
Globe Specialty Metals, Inc. (the petitioner), submitted a case brief
and interested parties submitted rebuttal briefs concerning the limits
to silicon content as specified in the scope.\5\
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\4\ See Memorandum, ``Silicon Metal from Australia, Brazil,
Kazakhstan, and Norway: Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated June 29, 2017 (Preliminary Scope
Decision Memorandum).
\5\ These parties include Wacker Chemicals Norway A.S., Elkem
AS, and the petitioner.
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Commerce reviewed these briefs, considered the arguments therein,
and is not making any additional changes to the scope of the
investigation. For further discussion, see Commerce's Final Scope
Decision Memorandum.\6\ The scope in Appendix I reflects the final
scope language.
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\6\ See Memorandum, ``Silicon Metal from Australia, Brazil,
Kazakhstan, and Norway: Final Scope Comments Decision Memorandum,''
dated February 27, 2018 (Final Scope Decision Memorandum).
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Analysis of Comments Received
All issues raised in the petitioner's case briefs \7\ are addressed
in either the Final Scope Decision Memorandum or the Issues and
Decision Memorandum accompanying this notice, which is hereby adopted
by this notice. A list of the issues addressed in the Issues and
Decision Memorandum is attached to this notice at Appendix II. The
Issues and 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
it is available to all parties in the Central Records Unit, Room B-8024
of the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
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\7\ Only the petitioner submitted case briefs in this
investigation.
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), we informed Simcoa Operations Pty Ltd. (Simcoa),\8\ that we
intended to verify its submitted sales and cost information.\9\
However, on October 12, 2017, Simcoa notified Commerce that it will no
longer participate in this investigation.\10\ As a result, Commerce was
unable to verify Simcoa's information as required under section
782(i)(1) of the Act.
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\8\ Simcoa is the sole mandatory respondent in this case.
\9\ See Preliminary Determination, 82 FR at 47472.
\10\ See Letter from Simcoa to the U.S. Secretary of Commerce,
``Silicon Metal from Australia: Withdrawal from Participation as a
Respondent,'' dated October 12, 2017.
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Changes Since the Preliminary Determination
Based on Simcoa's decision to no longer participate in this
investigation and our analysis of the comments received, we find that
Simcoa has been uncooperative in this investigation and that facts
available with an adverse inference with respect to Simcoa is warranted
in the final determination in accordance with sections 776(a) and (b)
of the Act and 19 CFR 351.308. For further discussion, see ``Use of
Adverse Facts Available'' section below and the Issues and Decision
Memorandum.
Final Affirmative Determination of Critical Circumstances in Part
In accordance with section 733(e)(1) of the Act and 19 CFR 351.206,
we preliminarily found that critical circumstances exist with respect
to imports of silicon metal from Simcoa, and do not exist with respect
to companies covered by the ``all others'' rate.\11\ Commerce received
no comments regarding this issue after the Preliminary Determination.
Therefore, for the final determination, we continue to find that, in
accordance with section 735(a)(3) of the Act, and 19 CFR 351.206,
critical circumstances exist with respect to subject merchandise
produced or exported by Simcoa, but do
[[Page 9841]]
not exist with respect to companies covered by the ``all others'' rate.
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\11\ See Preliminary Decision Memorandum, at 14-16. Note: the
Preliminary Determination, at 82 FR 47472, incorrectly stated that
critical circumstances exist for imports of the subject merchandise
produced or exported by Simcoa and all others. It should have stated
that critical circumstances exist for imports of the subject
merchandise produced or exported by Simcoa only, consistent with the
analysis in the Preliminary Decision Memorandum, at 14-16.
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Use of Adverse Facts Available
The mandatory respondent Simcoa failed to allow its sales and cost
data to be verified by Commerce. Therefore, we find that the
application of facts available with an adverse inference with respect
to Simcoa is warranted in the final determination. In applying total
adverse facts available, Commerce has assigned to Simcoa's exports of
the subject merchandise the rate of 51.28 percent, which is the highest
rate calculated in the Petition.\12\ For further discussion, see the
Issues and Decision Memorandum at Comments 1 and 2.
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\12\ See Petitions for the Imposition of Antidumping and
Countervailing Duties: Silicon Metal from Australia, Brazil,
Kazakhstan, and Norway, dated March 8, 2017 (the Petition), Volume
II at 5.
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All-Others Rate
Section 735(c)(5)(B) of the Act provides where, as here, the
estimated weighted-average dumping margins established for all
exporters and producers individually investigated are zero or de
minimis margins, or based entirely on facts available pursuant to
section 776 of the Act, Commerce may use any reasonable method to
establish the all others rate for exporters and producers not
individually investigated. Where the sole individually investigated
respondent's margin is based on total AFA under section 776 of the Act,
our practice under these circumstances has been to assign as the all
others rate the simple average of the margins in the Petition,\13\
which we have done for this final determination.\14\
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\13\ See, e.g., Certain Uncoated Paper from Australia: Final
Determination of Sales at Less Than Fair Value and Affirmative Final
Determination of Critical Circumstances, In Part, 81 FR 3108
(January 20, 2016), and Notice of Preliminary Determination of Sales
at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from
Turkey, 73 FR 5508 (January 30, 2008) (unchanged in Notice of Final
Determination of Sales at Less Than Fair Value: Light-Walled
Rectangular Pipe and Tube from Turkey, 73 FR 19814 (April 11,
2008)).
\14\ See the Petition, Volume II, at Exhibit AU-AD 1.
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Final Determination
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Dumping
Exporter margin
(percent)
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Simcoa Operations Pty Ltd............................... 51.28
All Others.............................................. 41.73
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Disclosure
The weighted-average dumping margin assigned to Simcoa in the final
determination of this investigation is the highest rate calculated in
the Petition and the all others rate is the simple average of the
margins in the Petition. Neither the dumping margin assigned to Simcoa
nor the margins used to calculate the all others rate are proprietary
in nature and they are considered to be public information (in both the
Petition and in the Australia AD Initiation Checklist).\15\ As the rate
assigned to Simcoa and the all others rate are based on margins in the
Petition, no disclosure of calculations is necessary for this final
determination.
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\15\ See the Petition, Volume II at 5 and 48; see also
Initiation Notice and accompanying Antidumping Duty Investigation
Initiation Checklist: Silicon Metal from Australia (Australia AD
Initiation Checklist), at pages 5-9.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of silicon metal from
Australia, as described in Appendix I of this notice, which are
entered, or withdrawn from warehouse, for consumption on or after
October 12, 2017, the date of publication in the Federal Register of
the affirmative Preliminary Determination.
For entries made by Simcoa, in accordance with section 735(c)(4)(A)
of the Act, because we continue to find that critical circumstances
exist, we will instruct CBP to continue to suspend liquidation of all
appropriate entries of silicon metal from Australia which were entered,
or withdrawn from warehouse, for consumption on or after July 14, 2017,
which is 90 days prior to the date of publication of the Preliminary
Determination. Additionally, for entries made by companies covered by
the ``all others'' rate, in accordance with section 735(c)(4)(B) of the
Act, because we continue to find that critical circumstances do not
exist with regard to imports from all other producers and exporters of
silicon metal from Australia, we will instruct CBP to continue to
suspend liquidation of all appropriate entries of silicon metal from
Australia which were entered, or withdrawn from warehouse, for
consumption on or after October 12, 2017, which is the date of
publication of the Preliminary Determination. Pursuant to section
735(c)(1) of the Act, we will instruct CBP to require a cash deposit
equal to the margins indicated in the chart above.\16\ These suspension
of liquidation instructions will remain in effect until further notice.
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\16\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports, or sales (or the likelihood of
sales) for importation of silicon metal from Australia no later than 45
days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated and all cash
deposits posted will be refunded or canceled. If the ITC determines
that such injury does exist, Commerce will issue an antidumping duty
order directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305(a)(3). Timely written notification of
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.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
[[Page 9842]]
Dated: February 27, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of this investigation covers all forms and sizes of
silicon metal, including silicon metal powder. Silicon metal
contains at least 85.00 percent but less than 99.99 percent silicon,
and less than 4.00 percent iron, by actual weight. Semiconductor
grade silicon (merchandise containing at least 99.99 percent silicon
by actual weight and classifiable under Harmonized Tariff Schedule
of the United States (HTSUS) subheading 2804.61.0000) is excluded
from the scope of 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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Discussion of the Issues:
Comment 1: Application of Facts Available for Simcoa
Comment 2: Appropriate Rate for Use as Adverse Facts Available
IV. Recommendation
[FR Doc. 2018-04657 Filed 3-7-18; 8:45 am]
BILLING CODE 3510-DS-P
