Silicon Metal from the Republic of Kazakhstan: Final Affirmative Countervailing Duty Determination, 9831-9833 [2018-04664]
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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
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
Norway 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 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merchandise entered, or withdrawn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.
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.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary 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 the terms of an
APO is a sanctionable violation.
BILLING CODE 3510–DS–P
sradovich on DSK3GMQ082PROD with NOTICES
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) 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
VerDate Sep<11>2014
16:51 Mar 07, 2018
Jkt 244001
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
1. Offset Cost of Manufacture for
Miscellaneous Income Items
2. Commerce Should Adjust G&A Expenses
to Reflect Total Miscellaneous Income
3. Whether to Calculate the G&A Expense
Rate On a Company- or Division-Specific
Basis
4. Elkem High Purity Silicon Grades
5. Constructed Export Price Offset
6. Weight Basis for International Freight
Expenses
7. Pre-POI Merchandise Storage Costs
8. Marine Insurance Ministerial Error
9. Corrections Found at Verification
VII. Recommendation
[FR Doc. 2018–04666 Filed 3–7–18; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[C–834–808]
Silicon Metal from the Republic of
Kazakhstan: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
silicon metal from the Republic of
Kazakhstan (Kazakhstan) during the
period of investigation (POI) January 1,
2016, through December 31, 2016.
DATES: Applicable March 8, 2018.
FOR FURTHER INFORMATION CONTACT:
Rebecca M. Janz or Maria Tatarska, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2972 or (202) 482–1562,
respectively.
AGENCY:
PO 00000
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9831
SUPPLEMENTARY INFORMATION:
Background
The petitioner in this investigation is
Globe Specialty Metals, Inc. In addition
to the Government of Kazakhstan, the
mandatory respondent in this
investigation is Tau-Ken Temir LLP
(Tau-Ken Temir).
A summary of the events that
occurred since Commerce published the
Preliminary Determination 1 on August
14, 2017, as well as a full discussion of
the issues raised by parties for this final
determination, may be found in the
accompanying Issues and Decision
Memorandum, which is hereby adopted
by this notice.2 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 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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through January 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, 2018.3
Scope of the Investigation
The product covered by this
investigation is silicon metal from
Kazakhstan. For a complete description
of the scope of this investigation, see
Appendix I.
1 See Silicon Metal from the Republic of
Kazakhstan: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 82 FR 37847 (August 14, 2017)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Silicon Metal
from Kazakhstan,’’ dated concurrently with this
notice (Issues and Decision Memorandum).
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.
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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
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.
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.5
The scope in Appendix I reflects the
final scope language.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues that parties raised, and
to which we responded in the Issues
and Decision Memorandum, is attached
to this notice as Appendix II.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties, we
made certain changes to the subsidy rate
calculated for Tau-Ken Temir since the
Preliminary Determination. As a result
of these changes, Commerce has also
revised the ‘‘all-others rate.’’ For a
discussion of these changes, see the
Issues and Decision Memorandum.
Use of Facts Otherwise Available
Including Adverse Inferences
sradovich on DSK3GMQ082PROD with NOTICES
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 See Memorandum, ‘‘Silicon Metal from
Australia, Brazil, Kazakhstan, and Norway: Final
Scope Comments Decision Memorandum,’’ dated
February 27, 2018 (Final Scope Decision
Memorandum).
16:51 Mar 07, 2018
Jkt 244001
Final Determination
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we
determined a rate for Tau-Ken Temir
(the only individually investigated
exporter/producer of subject
merchandise). Section 705(c)(5)(A)(i) of
the Act states that, for companies not
individually investigated, we will
determine an ‘‘all others’’ rate equal to
the weighted-average countervailable
subsidy rates established for exporters
and producers individually
investigated, excluding any zero and de
minimis countervailable subsidy rates,
and any rates determined entirely under
section 776 of the Act. Where the rates
for investigated companies are zero or
de minimis, or based entirely on facts
otherwise available, section
705(c)(5)(A)(ii) of the Act instructs
Commerce to establish an ‘‘all others’’
rate using ‘‘any reasonable method.’’
In this investigation, Commerce
assigned a rate based entirely on facts
available to Tau-Ken Temir.
Accordingly, we are using ‘‘any
reasonable method’’ to establish the allothers rate. We find that it is reasonable
to rely on the rate established for TauKen Temir as the all-others rate,
particularly because there is no other
information on the record that can be
used to determine an all-others rate. We
determine the total estimated net
countervailable subsidy rates to be:
publication of the Preliminary
Determination in the Federal Register.7
In accordance with section 703(d) of
the Act, we later issued instructions to
CBP to discontinue the suspension of
liquidation for 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, as
appropriate.
We will issue a countervailing duty
(CVD) order and reinstate the
suspension of liquidation in accordance
with our final determination and under
section 706(a) of the Act if the United
States International Trade Commission
(ITC) issues a final affirmative injury
determination, and we will instruct CBP
to require a cash deposit of estimated
countervailing duties for such entries of
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 as a result of the
suspension of liquidation will be
refunded.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
Subsidy rate
(percent)
Notification Regarding Administrative
Protective Orders
Tau-Ken Temir LLP 6 ............
100
In the event that the ITC issues a final
All Others ..............................
100 negative injury determination, this
notice will serve as the only reminder
Suspension of Liquidation
to parties subject to the APO of their
responsibility concerning the
As a result of our affirmative
destruction of proprietary information
Preliminary Determination, pursuant to
disclosed under APO in accordance
section 703(d) of the Act, we instructed
with 19 CFR 351.305(a)(3). Timely
U.S. Customs and Border Protection
written notification of the return/
(CBP) to suspend liquidation of entries
destruction of APO materials or
of subject merchandise from Kazakhstan
conversion to judicial protective order is
which were entered or withdrawn from
hereby requested. Failure to comply
warehouse, for consumption on or after
with the regulations and terms of an
August 14, 2017, the date of the
APO is a violation which is subject to
sanction.
6 As discussed in the Issues and Decision
This determination is issued and
Memorandum, Commerce continues to find that the
published pursuant to sections 705(d)
following companies are cross-owned with TauKen
Company
For purposes of this final
determination, we have continued to
determine that the Government of
Kazakhstan and Tau-Ken Temir failed to
act to the best of their abilities in
responding to Commerce’s requests for
information. Accordingly, we continue
to rely on facts available with adverse
inferences, in accordance with sections
776(a)–(d) of the Tariff Act of 1930, as
VerDate Sep<11>2014
amended (the Act), to calculate the
subsidy rate for the mandatory
respondent. A full discussion of our
decision to rely on adverse facts
available is presented in the ‘‘Use of
Facts Otherwise Available and Adverse
Inferences’’ section of the Issues and
Decision Memorandum.
Temir LLP: JSC NMC Tau-Ken Samruk and LLP
Silicon Mining.
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7 See
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Preliminary Determination, 82 FR at 37848.
08MRN1
Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
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 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. Period of Investigation
IV. Scope of the Investigation
V. Analysis of Comments
Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
the Government of Kazakhstan (GOK)
Comment 2: Whether Tau-Ken Temir Is
Cross-Owned with JSC NME Tau-Ken
Samruk (Tau-Ken Samruk) and LLP
Silicon Mining (Silicon Mining)
Comment 3: Whether Commerce Should
Apply AFA to Tau-Ken Temir
Comment 4: Whether Commerce’s
Rejection of New Factual Information
was Unlawful
Comment 5: Whether Commerce Selected
an Appropriate AFA Rate
Comment 6: Whether the Sale of Assets to
Tau-Ken Temir’s Parent Company is a
Countervailable Subsidy
VI. Recommendation
[FR Doc. 2018–04664 Filed 3–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
sradovich on DSK3GMQ082PROD with NOTICES
[C–122–858]
Certain Softwood Lumber Products
From Canada: Initiation of Expedited
Review of the Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
16:51 Mar 07, 2018
Jkt 244001
The Department of Commerce
(Commerce) is initiating an expedited
review of the countervailing duty order
on certain softwood lumber products
(softwood lumber) from Canada.
DATES: Applicable March 8, 2018.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson or Emily Halle, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone (202) 482–4793 or (202) 482–
0176, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On January 3, 2018, Commerce
published the countervailing duty order
on softwood lumber from Canada.1
Between January 10, 2018, and February
5, 2018, Commerce received requests for
an expedited review from 34
companies.2 These companies, which
were not selected for individual
examination during the investigation,
made these requests pursuant to 19 CFR
351.214(k).
Initiation of Expedited Review
In accordance with 19 CFR
351.214(k)(1)(i)–(iii), each company that
requested a review certified that it
exported the subject merchandise to the
United States during the period of
investigation; that it was not affiliated
with an exporter or producer that
Commerce individually examined in the
investigation; and that it informed the
Government of Canada, as the
government of the exporting country,
that the government will be required to
provide a full response to Commerce’s
questionnaire.
Therefore, in accordance with 19 CFR
351.214(k), we are initiating an
expedited review of the countervailing
duty order on softwood lumber from
Canada. Pursuant to 19 CFR
351.214(i)(1) and (k)(3), we intend to
issue the preliminary results of this
expedited review not later than 180
days from the date of initiation of this
review.3 As specified by 19 CFR
351.214(k)(3)(i), the period of review
will be the same as the original period
of investigation, i.e., January 1, 2015,
through December 31, 2015.
Pursuant to 19 CFR 351.214(k)(3)(iii),
the final results of this expedited review
1 See Certain Softwood Lumber Products from
Canada: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
83 FR 347 (January 3, 2018).
2 See Attachment for a list of the companies that
requested an expedited review.
3 Under 19 CFR 351.214(k)(i)(2), this period may
be extended to 300 days.
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9833
will not be the basis for the assessment
of countervailing duties. Instead, this
expedited review is intended to
establish individual cash deposit rates
for those companies that requested an
expedited review, or to exclude from the
countervailing duty order a company for
which the final results of expedited
review are zero or de minimis, as
provided in 19 CFR 351.214(k)(3)(iv).
Pursuant to 19 CFR 351.214(f), we
will rescind the expedited review for
any company that withdraws its request
for expedited review within 60 days
after the date of publication of this
notice of initiation.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are issued
and published in accordance with 19
CFR 351.214(k)(2)(i) and 19 CFR
351.221(c)(i).
Dated: March 1, 2018.
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.
Attachment
Below is the list of companies that
requested an expedited review of the
countervailing duty order on softwood
lumber from Canada.
(1) 752615 B.C. Ltd., Fraserview
Remanufacturing Inc., Gillwood Lumber,
dba Fraserview Cedar Products
(2) Antrim Cedar Corporation
(3) Aquila Cedar Products Ltd.
(4) Canadian Bavarian Millwork and Lumber
(5) Canyon Lumber Company Ltd.
(6) Cedarline Industries Ltd.
(7) Central Cedar Ltd.
(8) Chaleur Sawmills LP
(9) Deep Cove Forest Products Inc.
(10) Delco Forest Products Ltd.
(11) Devon Lumber Co. Ltd.
(12) Fontaine Inc.
(13) Haida Forest Products Ltd.
(14) Hainesville Sawmill Ltd.
(15) H.J. Crabbe & Sons Ltd.
(16) Ivor Forest Products Ltd.
(17) Leslie Forest Products Ltd.
´
(18) Les Produits Forestiers D&G Ltee
(19) Maibec Inc
(20) Marcel Lauzon Inc
(21) Marwood Ltd.
´
(22) Materiaux Blanchet Inc.
(23) Mobilier Rustique (Beauce) Inc.
(24) MP Atlantic Wood Ltd.
(25) North American Forest Products Ltd.
(26) North Enderby Timber Ltd.
(27) Olympic Industries, Inc.
(28) Pacific Lumber Remanufacturing Inc.
(29) Power Wood Corp.
(30) Produits Matra Inc.
(31) Rielly Lumber Inc.
´
(32) Roland Boulanger & Cie Itee
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[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9831-9833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04664]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-834-808]
Silicon Metal from the Republic of Kazakhstan: Final Affirmative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of silicon metal from the Republic of Kazakhstan (Kazakhstan) during
the period of investigation (POI) January 1, 2016, through December 31,
2016.
DATES: Applicable March 8, 2018.
FOR FURTHER INFORMATION CONTACT: Rebecca M. Janz or Maria Tatarska, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2972 or (202)
482-1562, respectively.
SUPPLEMENTARY INFORMATION:
Background
The petitioner in this investigation is Globe Specialty Metals,
Inc. In addition to the Government of Kazakhstan, the mandatory
respondent in this investigation is Tau-Ken Temir LLP (Tau-Ken Temir).
A summary of the events that occurred since Commerce published the
Preliminary Determination \1\ on August 14, 2017, as well as a full
discussion of the issues raised by parties for this final
determination, may be found in the accompanying Issues and Decision
Memorandum, which is hereby adopted by this notice.\2\ 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 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 Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Silicon Metal from the Republic of Kazakhstan:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping Duty
Determination, 82 FR 37847 (August 14, 2017) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Countervailing Duty Investigation of
Silicon Metal from Kazakhstan,'' dated concurrently with this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from January 20 through January
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.\3\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is silicon metal from
Kazakhstan. For a complete description of the scope of this
investigation, see Appendix I.
[[Page 9832]]
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.\5\ The scope in Appendix I reflects the final
scope language.
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\5\ See Memorandum, ``Silicon Metal from Australia, Brazil,
Kazakhstan, and Norway: Final Scope Comments Decision Memorandum,''
dated February 27, 2018 (Final Scope Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. A list of the issues
that parties raised, and to which we responded in the Issues and
Decision Memorandum, is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, we made certain changes to the subsidy rate calculated for
Tau-Ken Temir since the Preliminary Determination. As a result of these
changes, Commerce has also revised the ``all-others rate.'' For a
discussion of these changes, see the Issues and Decision Memorandum.
Use of Facts Otherwise Available Including Adverse Inferences
For purposes of this final determination, we have continued to
determine that the Government of Kazakhstan and Tau-Ken Temir failed to
act to the best of their abilities in responding to Commerce's requests
for information. Accordingly, we continue to rely on facts available
with adverse inferences, in accordance with sections 776(a)-(d) of the
Tariff Act of 1930, as amended (the Act), to calculate the subsidy rate
for the mandatory respondent. A full discussion of our decision to rely
on adverse facts available is presented in the ``Use of Facts Otherwise
Available and Adverse Inferences'' section of the Issues and Decision
Memorandum.
Final Determination
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we
determined a rate for Tau-Ken Temir (the only individually investigated
exporter/producer of subject merchandise). Section 705(c)(5)(A)(i) of
the Act states that, for companies not individually investigated, we
will determine an ``all others'' rate equal to the weighted-average
countervailable subsidy rates established for exporters and producers
individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act. Where the rates for investigated companies are
zero or de minimis, or based entirely on facts otherwise available,
section 705(c)(5)(A)(ii) of the Act instructs Commerce to establish an
``all others'' rate using ``any reasonable method.''
In this investigation, Commerce assigned a rate based entirely on
facts available to Tau-Ken Temir. Accordingly, we are using ``any
reasonable method'' to establish the all-others rate. We find that it
is reasonable to rely on the rate established for Tau-Ken Temir as the
all-others rate, particularly because there is no other information on
the record that can be used to determine an all-others rate. We
determine the total estimated net countervailable subsidy rates to be:
---------------------------------------------------------------------------
\6\ As discussed in the Issues and Decision Memorandum, Commerce
continues to find that the following companies are cross-owned with
TauKen Temir LLP: JSC NMC Tau-Ken Samruk and LLP Silicon Mining.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Tau-Ken Temir LLP \6\................................... 100
All Others.............................................. 100
------------------------------------------------------------------------
Suspension of Liquidation
As a result of our affirmative Preliminary Determination, pursuant
to section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation of entries of subject
merchandise from Kazakhstan which were entered or withdrawn from
warehouse, for consumption on or after August 14, 2017, the date of the
publication of the Preliminary Determination in the Federal
Register.\7\
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\7\ See Preliminary Determination, 82 FR at 37848.
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In accordance with section 703(d) of the Act, we later issued
instructions to CBP to discontinue the suspension of liquidation for
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, as appropriate.
We will issue a countervailing duty (CVD) order and reinstate the
suspension of liquidation in accordance with our final determination
and under section 706(a) of the Act if the United States International
Trade Commission (ITC) issues a final affirmative injury determination,
and we will instruct CBP to require a cash deposit of estimated
countervailing duties for such entries of 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 as a result of the suspension of
liquidation will be refunded.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Notification Regarding Administrative Protective Orders
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the 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/
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 which is subject to sanction.
This determination is issued and published pursuant to sections
705(d)
[[Page 9833]]
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 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. Period of Investigation
IV. Scope of the Investigation
V. Analysis of Comments
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Government of Kazakhstan (GOK)
Comment 2: Whether Tau-Ken Temir Is Cross-Owned with JSC NME
Tau-Ken Samruk (Tau-Ken Samruk) and LLP Silicon Mining (Silicon
Mining)
Comment 3: Whether Commerce Should Apply AFA to Tau-Ken Temir
Comment 4: Whether Commerce's Rejection of New Factual
Information was Unlawful
Comment 5: Whether Commerce Selected an Appropriate AFA Rate
Comment 6: Whether the Sale of Assets to Tau-Ken Temir's Parent
Company is a Countervailable Subsidy
VI. Recommendation
[FR Doc. 2018-04664 Filed 3-7-18; 8:45 am]
BILLING CODE 3510-DS-P
