Silicon Metal From Australia: Final Affirmative Countervailing Duty Determination, 9834-9835 [2018-04667]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9834-9835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04667]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-602-811]


Silicon Metal From Australia: 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 Simcoa Operations Pty. 
Ltd. (Simcoa), a producer/exporter of silicon metal from Australia. The 
period of investigation is January 1, 2016, through December 31, 2016.

DATES: Applicable March 8, 2018.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or John Anwesen, 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) 482-4929 or (202) 
482-0131, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Determination on August 14, 
2017.\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 
issued concurrently with this notice.\3\ 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 and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
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    \1\ See Silicon Metal from Australia: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 82 FR 37843 
(August 14, 2017) (Preliminary Determination).
    \2\ See Memorandum, ``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, ``Silicon Metal from Australia: Issues and 
Decision Memorandum for the Final Determination in the 
Countervailing Duty Investigation,'' dated concurrently with this 
determination (Issues and Decision Memorandum) and hereby adopted by 
this notice.
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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.
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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).
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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.\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).
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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 at Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce 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.\6\ For a full description of the methodology underlying our 
final determination, see the Issues and Decision Memorandum.
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    \6\ 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.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and the minor corrections presented at verification, we made 
certain changes to the respondent's subsidy rate calculations. For a 
discussion of these changes, see the Issues and Decision Memorandum.

Final Determination

    In accordance with section 705(c)(l)(B)(i) of the Act, we 
calculated a rate for Simcoa, the producer/exporter of subject 
merchandise selected for individual examination in this investigation.
    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.
    In this investigation, Commerce preliminarily calculated an 
individual estimated countervailable subsidy rate for Simcoa, the only 
individually examined producer/exporter in this investigation. Because 
the only individually calculated rate is not zero, de minimis, or based 
entirely on facts otherwise available, the estimated weighted-average 
rate calculated for Simcoa is the rate assigned to all-other producers 
and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.

[[Page 9835]]

    Commerce determines that the following estimated countervailable 
subsidy rate exists:

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                  Company                           Subsidy rate
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Simcoa Operations Pty. Ltd.\7\............  14.78 percent.
All-Others................................  14.78 percent.
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Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of publication of our final determination, in accordance with 
19 CFR 351.224(b).
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    \7\ As discussed in the Preliminary Determination, Commerce has 
found the following companies to be cross-owned with Simcoa: Silicon 
Metal Company of Australia Pty Ltd.; Microsilica Pty Ltd.; and 
Simcoa International Pty Ltd.
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Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
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 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 of its 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 an 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) 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. Subsidies Valuation
IV. Analysis of Programs
V. Analysis of Comments
    Comment 1: Provision of Electricity for Less Than Adequate 
Remuneration (LTAR)
    Comment 2: Payments Under the Demand Side Management (DSM) 
Scheme and Ancillary Service (Spinning Reserve) Scheme
    Comment 3: Renewable Energy Target (RET) Program
    Comment 4: Research and Development (R&D) Tax Incentive
    Comment 5: Provision of Quartz for LTAR
    Comment 6: State Agreement Loan and Grant
    Comment 7: Calculation Errors in the Preliminary Determination
VI. Recommendation

[FR Doc. 2018-04667 Filed 3-7-18; 8:45 am]
 BILLING CODE 3510-DS-P