Silicon Metal From Brazil: Affirmative Final Determination of Sales at Less Than Fair Value, 9835-9838 [2018-04668]
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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
Commerce determines that the
following estimated countervailable
subsidy rate exists:
Company
Subsidy rate
Simcoa Operations Pty. Ltd.7
All-Others ..............................
14.78 percent.
14.78 percent.
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).
sradovich on DSK3GMQ082PROD with NOTICES
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withdrawn from warehouse, for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entered, or withdrawn from warehouse,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 non7 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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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)
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9835
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
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–850]
Silicon Metal From Brazil: Affirmative
Final Determination of Sales at Less
Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
silicon metal from Brazil are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is January
1, 2016, through December 31, 2016.
The final 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 Jesus Saenz, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1766 and (202) 482–8184,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 12, 2017, Commerce
published the Preliminary
Determination of sales at LTFV of
silicon metal from Brazil.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,
1 See Silicon Metal From Brazil: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 82 FR
47466 (October 12, 2017) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum.
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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
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.3
Scope of the Investigation
The product covered by this
investigation is silicon metal from
Brazil. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation’’ in
Appendix I of this notice.
Scope Comments
sradovich on DSK3GMQ082PROD with NOTICES
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 making no 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.
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
three days.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Silicon Metal from Brazil,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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).
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Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in the investigation are
addressed in either the Final Scope
Decision Memorandum or the Issues
and Decision Memorandum
accompanying 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.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
from October 2017 through January
2018, we conducted verification of the
sales and cost information submitted by
´
respondent Palmyra do Brasil Industria
´
´
´
e Comercio de Silıcio Metalico e
Recursos Naturais Ltda. (Palmyra) for
use in our final determination. We used
standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
Palmyra.7
Changes Since the Preliminary
Determination
We made certain changes to the
Preliminary Determination for Palmyra
based on the additional questionnaire
7 For discussion of our verification findings, see
the following memoranda: Memorandum to the
File, ‘‘Verification of the Sales Response of Palmyra
´
´
´
´
do Brasil Industria e Comercio de Silıcio Metalico
e Recursos Naturais Ltda. in the Antidumping
Investigation of Silicon Metal from Brazil,’’ dated
January 19, 2018); Memorandum to the File,
‘‘Verification of the Sales Response of Dow Corning
Corporation and Hemlock Semiconductors
Operations LLC in the Antidumping Investigation
of Silicon Metal from Brazil,’’ dated January 17,
2018; Memorandum to the File, ‘‘Verification of the
´
Cost Response of Palmyra do Brasil Industria e
´
´
´
Comercio de Silıcio Metalico e Recursos Naturais
Ltda. in the Antidumping Duty Investigation of
Silicon Metal from Brazil,’’ dated January 17, 2018;
and Memorandum to the File, ‘‘Verification of the
Cost Response of Dow Corning in the Antidumping
Duty Investigation of Silicon Metal from Brazil,’’
dated January 17, 2018.
PO 00000
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responses received after our Preliminary
Determination, verification findings,
and our review and analysis of
interested party comments. For further
discussion, see the Issues and Decision
Memorandum.
Use of Adverse Facts Available
The respondent Ligas de Aluminio
S.A.—LIASA (LIASA) failed to
participate in this investigation.
Therefore, in the Preliminary
Determination, pursuant to sections
776(a)(1), 776(a)(2)(A)–(C), and 776(b) of
the Act, Commerce assigned LIASA a
rate based on adverse facts available
(AFA). No party filed comments on our
Preliminary Determination with respect
to LIASA and there is no new
information on the record that would
cause us to revisit it. Accordingly, we
continue to find that the application of
AFA pursuant to section 776(a) and (b)
of the Act is warranted with respect to
LIASA. In applying total AFA,
Commerce assigned to LIASA’s exports
of the subject merchandise the rate of
134.92 percent, which is the highest rate
calculated in the petition 8 and which
has been corroborated to the extent
practicable within the meaning of
section 776(c) of the Act.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that, in the final
determination, Commerce shall
determine an estimated weightedaverage dumping margin for all-other
exporters and producers not
individually examined. This rate shall
be an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established
for exporters or producers individually
examined, excluding rates that are zero,
de minimis or determined entirely
under section 776 of the Act. As
Commerce determined an estimated
weighted-average dumping margin
based entirely under section 776 of the
Act for LIASA, we have determined the
estimated weighted-average dumping
margin for all other producers and
exporters equal to the rate calculated for
Palmyra.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
8 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 IV at 8–9.
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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
Estimated
weighted-average dumping
margin
(percent)
Exporter or producer
´
´
´
´
Palmyra do Brasil Industria e Comercio de Silıcio Metalico e Recursos Naturais Ltda. (formerly known as Dow
´
´
´
Corning Silıcio do Brasil Industria e Comercio Ltda.) ..........................................................................................
Ligas de Aluminio S.A.—LIASA ..............................................................................................................................
All-Others .................................................................................................................................................................
Disclosure
Commerce intends to disclose to
interested parties its calculations and
analysis performed in this final
determination within five days of any
public announcement in accordance
with 19 CFR 351.224(b).
sradovich on DSK3GMQ082PROD with NOTICES
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 Brazil, 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.
Further, the Department will instruct
CBP to require a cash deposit equal to
the estimated amount by which the
normal value exceeds the U.S. price as
shown above, adjusted where
appropriate, for export subsidies found
in the final determination of the
companion countervailing duty
investigation. Consistent with our
longstanding practice, where the
product under investigation is also
subject to a concurrent countervailing
duty investigation, we instruct CBP to
require a cash deposit equal to the
amount by which the normal value
exceeds the U.S. price, less the amount
of the countervailing duty determined to
constitute any export subsidies.12
Therefore, in the event that a
countervailing duty order is issued and
suspension of liquidation is resumed in
the companion countervailing duty
investigation on silicon metal from
9 See Memorandum to the File, ‘‘Final Cash
Deposit Rates’’ dated February 27, 2018.
10 Id.
11 Id.
12 See, e.g., Welded Line Pipe From the Republic
of Turkey: Final Determination of Sales at Less
Than Fair Value, 80 FR 61362 (October 13, 2015),
and Notice of Final Determination of Sales at Less
Than Fair Value and Negative Critical
Circumstances Determination: Bottom Mount
Combination Refrigerator-Freezers From the
Republic of Korea, 77 FR 17413 (March 26, 2012).
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Brazil, the Department will instruct CBP
to require cash deposits adjusted by the
amount of export subsidies, as
appropriate. These adjustments are
reflected in the final column of the rate
chart, above. Until such suspension of
liquidation is resumed in the
companion countervailing duty
investigation, and so long as suspension
of liquidation continues under this
antidumping duty investigation, the
cash deposit rates for this antidumping
duty investigation will be the rates
identified in the estimated weightedaverage dumping margin column in the
rate chart, above.
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 Brazil
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.
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
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68.97
134.92
68.97
Cash deposit
rate (adjusted
for subsidy
offset(s))
(percent)
9 68.87
10 133.49
11 68.87
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).
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. Changes Made Since the Preliminary
Determination
IV. Discussion of Methodology
V. Date of Sale
VI. Product Comparisons
VII. Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Adjustment for Countervailable Export
Subsidies
XI. Discussion of the Issues:
Comment 1: Proper Basis for U.S. Price
Comment 2: Treatment of Non-Brazilian
Silicon Metal in Calculating FurtherManufacturing Costs
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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
Comment 3: Adjustments to Dow Corning’s
Further-Manufacturing Costs
Comment 4: Differential Pricing
Comment 5: Treatment of Certain Sales to
an Unaffiliated Toller
Comment 6: Treatment of Downstream
Sales to Affiliated Customers
Comment 8: Minor Corrections
XII. Recommendation
[FR Doc. 2018–04668 Filed 3–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–851]
Silicon Metal From Brazil: 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 Brazil. The period of
investigation is January 1, 2016, through
December 31, 2016.
DATES: Applicable March 8, 2018.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer or George Ayache, 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) 482–9068 or
(202) 482–2623, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
sradovich on DSK3GMQ082PROD with NOTICES
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
1 See Silicon Metal from Brazil: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination with Final
Antidumping Duty Determination, 82 FR 37841
(August 14, 2017) (Preliminary Determination).
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
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16:51 Mar 07, 2018
Jkt 244001
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 Issues and
Decision Memorandum are identical in
content.
Scope of the Investigation
The product covered by this
investigation is silicon metal from
Brazil. 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.
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
segment of the proceeding have been extended by
3 days.
3 See Memorandum, ‘‘Silicon Metal from Brazil:
Issues and Decision Memorandum for the Final
Determination of the Countervailing Duty
Investigation,’’ dated concurrently with this
determination (Issues and Decision Memorandum)
and hereby adopted by this notice.
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
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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 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.
In making these findings, Commerce
relied, in part, on facts otherwise
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Issues and Decision
Memorandum.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties,
verification, and the minor corrections
presented at verification, we made
certain changes to the respondents’
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 Palmyra do Brasil Industria e
´
´
Comercio de Silicio Metalico e Recursos
Naturais Ltda. (Palmyra do Brasil), a
producer/exporter of subject
February 27, 2018 (Final Scope Decision
Memorandum).
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.
7 See sections 776(a), (b), and 782(d) of the Act.
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]]>Agencies
[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9835-9838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04668]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-850]
Silicon Metal From Brazil: Affirmative Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of silicon metal from Brazil are being, or are likely to be, sold in
the United States at less than fair value (LTFV). The period of
investigation (POI) is January 1, 2016, through December 31, 2016. The
final 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 Jesus Saenz, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 and (202)
482-8184, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 12, 2017, Commerce published the Preliminary
Determination of sales at LTFV of silicon metal from Brazil.\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,
[[Page 9836]]
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 Brazil: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 82 FR
47466 (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 three 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.\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 Brazil,'' 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
Brazil. 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 making no 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 case and rebuttal briefs that were
submitted by parties in the investigation are addressed in either the
Final Scope Decision Memorandum or the Issues and Decision Memorandum
accompanying 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.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), from October 2017 through January 2018, we conducted
verification of the sales and cost information submitted by respondent
Palmyra do Brasil Ind[uacute]stria e Com[eacute]rcio de Sil[iacute]cio
Met[aacute]lico e Recursos Naturais Ltda. (Palmyra) for use in our
final determination. We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by Palmyra.\7\
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\7\ For discussion of our verification findings, see the
following memoranda: Memorandum to the File, ``Verification of the
Sales Response of Palmyra do Brasil Ind[uacute]stria e
Com[eacute]rcio de Sil[iacute]cio Met[aacute]lico e Recursos
Naturais Ltda. in the Antidumping Investigation of Silicon Metal
from Brazil,'' dated January 19, 2018); Memorandum to the File,
``Verification of the Sales Response of Dow Corning Corporation and
Hemlock Semiconductors Operations LLC in the Antidumping
Investigation of Silicon Metal from Brazil,'' dated January 17,
2018; Memorandum to the File, ``Verification of the Cost Response of
Palmyra do Brasil Ind[uacute]stria e Com[eacute]rcio de
Sil[iacute]cio Met[aacute]lico e Recursos Naturais Ltda. in the
Antidumping Duty Investigation of Silicon Metal from Brazil,'' dated
January 17, 2018; and Memorandum to the File, ``Verification of the
Cost Response of Dow Corning in the Antidumping Duty Investigation
of Silicon Metal from Brazil,'' dated January 17, 2018.
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Changes Since the Preliminary Determination
We made certain changes to the Preliminary Determination for
Palmyra based on the additional questionnaire responses received after
our Preliminary Determination, verification findings, and our review
and analysis of interested party comments. For further discussion, see
the Issues and Decision Memorandum.
Use of Adverse Facts Available
The respondent Ligas de Aluminio S.A.--LIASA (LIASA) failed to
participate in this investigation. Therefore, in the Preliminary
Determination, pursuant to sections 776(a)(1), 776(a)(2)(A)-(C), and
776(b) of the Act, Commerce assigned LIASA a rate based on adverse
facts available (AFA). No party filed comments on our Preliminary
Determination with respect to LIASA and there is no new information on
the record that would cause us to revisit it. Accordingly, we continue
to find that the application of AFA pursuant to section 776(a) and (b)
of the Act is warranted with respect to LIASA. In applying total AFA,
Commerce assigned to LIASA's exports of the subject merchandise the
rate of 134.92 percent, which is the highest rate calculated in the
petition \8\ and which has been corroborated to the extent practicable
within the meaning of section 776(c) of the Act.
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\8\ 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
IV at 8-9.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that, in the final
determination, Commerce shall determine an estimated weighted-average
dumping margin for all-other exporters and producers not individually
examined. This rate shall be an amount equal to the weighted-average of
the estimated weighted-average dumping margins established for
exporters or producers individually examined, excluding rates that are
zero, de minimis or determined entirely under section 776 of the Act.
As Commerce determined an estimated weighted-average dumping margin
based entirely under section 776 of the Act for LIASA, we have
determined the estimated weighted-average dumping margin for all other
producers and exporters equal to the rate calculated for Palmyra.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
[[Page 9837]]
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter or producer average for subsidy
dumping margin offset(s))
(percent) (percent)
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Palmyra do Brasil Ind[uacute]stria e 68.97 \9\ 68.87
Com[eacute]rcio de Sil[iacute]cio
Met[aacute]lico e Recursos Naturais
Ltda. (formerly known as Dow Corning
Sil[iacute]cio do Brasil
Ind[uacute]stria e Com[eacute]rcio
Ltda.).................................
Ligas de Aluminio S.A.--LIASA........... 134.92 \10\ 133.49
All-Others.............................. 68.97 \11\ 68.87
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Disclosure
Commerce intends to disclose to interested parties its calculations
and analysis performed in this final determination within five days of
any public announcement in accordance with 19 CFR 351.224(b).
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\9\ See Memorandum to the File, ``Final Cash Deposit Rates''
dated February 27, 2018.
\10\ Id.
\11\ Id.
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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
Brazil, 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.
Further, the Department will instruct CBP to require a cash deposit
equal to the estimated amount by which the normal value exceeds the
U.S. price as shown above, adjusted where appropriate, for export
subsidies found in the final determination of the companion
countervailing duty investigation. Consistent with our longstanding
practice, where the product under investigation is also subject to a
concurrent countervailing duty investigation, we instruct CBP to
require a cash deposit equal to the amount by which the normal value
exceeds the U.S. price, less the amount of the countervailing duty
determined to constitute any export subsidies.\12\
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\12\ See, e.g., Welded Line Pipe From the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value, 80 FR 61362
(October 13, 2015), and Notice of Final Determination of Sales at
Less Than Fair Value and Negative Critical Circumstances
Determination: Bottom Mount Combination Refrigerator-Freezers From
the Republic of Korea, 77 FR 17413 (March 26, 2012).
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Therefore, in the event that a countervailing duty order is issued
and suspension of liquidation is resumed in the companion
countervailing duty investigation on silicon metal from Brazil, the
Department will instruct CBP to require cash deposits adjusted by the
amount of export subsidies, as appropriate. These adjustments are
reflected in the final column of the rate chart, above. Until such
suspension of liquidation is resumed in the companion countervailing
duty investigation, and so long as suspension of liquidation continues
under this antidumping duty investigation, the cash deposit rates for
this antidumping duty investigation will be the rates identified in the
estimated weighted-average dumping margin column in the rate chart,
above.
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 Brazil 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. 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).
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. Changes Made Since the Preliminary Determination
IV. Discussion of Methodology
V. Date of Sale
VI. Product Comparisons
VII. Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Adjustment for Countervailable Export Subsidies
XI. Discussion of the Issues:
Comment 1: Proper Basis for U.S. Price
Comment 2: Treatment of Non-Brazilian Silicon Metal in
Calculating Further- Manufacturing Costs
[[Page 9838]]
Comment 3: Adjustments to Dow Corning's Further-Manufacturing
Costs
Comment 4: Differential Pricing
Comment 5: Treatment of Certain Sales to an Unaffiliated Toller
Comment 6: Treatment of Downstream Sales to Affiliated Customers
Comment 8: Minor Corrections
XII. Recommendation
[FR Doc. 2018-04668 Filed 3-7-18; 8:45 am]
BILLING CODE 3510-DS-P
