Silicon Metal From the People's Republic of China: Preliminary Rescission of the Antidumping Duty Administrative Review; 2017-2018, 40395-40396 [2019-17430]
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Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Notices
Scope of the Order
The product covered by the order is
International Trade Administration
silicon metal containing at least 96.00
but less than 99.99 percent of silicon by
[A–570–806]
weight, and silicon metal with a higher
Silicon Metal From the People’s
aluminum content containing between
Republic of China: Preliminary
89 and 96 percent silicon by weight.
Rescission of the Antidumping Duty
The subject merchandise is currently
Administrative Review; 2017–2018
classifiable under item numbers
2804.69.10 and 2804.69.50 of the
AGENCY: Enforcement and Compliance,
Harmonized Tariff Schedule of the
International Trade Administration,
United States (HTSUS) as a chemical
Department of Commerce.
SUMMARY: The Department of Commerce product, but is commonly referred to as
a metal. Although the HTSUS
(Commerce) preliminarily determines
subheadings are provided for
that Yunnan Fuyang Trade Co., Ltd.
convenience and customs purposes, the
(Fuyang), the sole company under
review, did not make a bona fide sale for written description of the merchandise
is dispositive.5
antidumping purposes during the
period of review (POR) June 1, 2017
Methodology
through May 31, 2018. Thus, Commerce
Commerce is conducting this review
is preliminarily rescinding this review.
in accordance with section 751(a)(1)(B)
We invite interested parties to comment
of the Act and (2) of the Act. For a full
on these preliminary results.
description of the methodology
DATES: Applicable August 14, 2019.
underlying our conclusions, see the
FOR FURTHER INFORMATION CONTACT: Eli
Preliminary Decision Memorandum,
Lovely, AD/CVD Operations, Office IV,
which is hereby adopted by this notice.
Enforcement and Compliance,
The topics discussed in the Preliminary
International Trade Administration,
Decision Memorandum are listed in the
U.S. Department of Commerce, 1401
Attachment to this notice. The
Constitution Avenue NW, Washington,
Preliminary Decision Memorandum is a
DC 20230; telephone: (202) 482–1593.
public document and is on file
SUPPLEMENTARY INFORMATION:
electronically via Enforcement and
Compliance’s Antidumping and
Background
Countervailing Duty Centralized
Commerce published the notice of
Electronic Service System (ACCESS).
initiation of this review on August 10,
ACCESS is available to registered users
2018.1 On January 28, 2019, Commerce
at https://access.trade.gov and is
exercised its discretion to toll all
available in the Central Records Unit,
deadlines affected by the closure of the
Room B8024 of the main Commerce
federal government from December 22,
building. In addition, a complete
2018 through January 28, 2019.2
version of the Preliminary Decision
Pursuant to section 751(a)(3)(A) of the
Memorandum can be accessed directly
Tariff Act of 1930, as amended (the Act), at https://enforcement.trade.gov/frn/.
Commerce extended these preliminary
The signed Preliminary Decision
results by 120 days, until August 9,
Memorandum and the electronic
3
2019. For a complete discussion of the
version of the Preliminary Decision
background of this review, see the
Memorandum are identical in content.
4
Preliminary Decision Memorandum.
Bona Fides Analysis
1 See Initiation of Antidumping and
As discussed in the Bona Fide Sales
Countervailing Duty Administrative Reviews, 83 FR
Analysis Memorandum,6 Commerce
39688 (August 10, 2018) (Initiation Notice).
preliminarily finds that the sale made
2 See Memorandum to the Record from Gary
by Fuyang serving as the basis for this
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
review is not a bona fide sale for
performing the non-exclusive functions and duties
antidumping purposes. Commerce
of the Assistant Secretary for Enforcement and
reached this conclusion based on the
Compliance, ‘‘Deadlines Affected by the Partial
totality of the following circumstances
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
regarding Fuyang’s reported sale: The
the proceeding have been extended by 40 days.
price and quantity of the U.S. sale;
3 See Memorandum, ‘‘Antidumping Duty
concerns regarding the resale’s
Administrative Review of Silicon Metal from the
jspears on DSK3GMQ082PROD with NOTICES
DEPARTMENT OF COMMERCE
People’s Republic of China: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 12, 2019.
4 See Decision Memorandum for the Preliminary
Rescission of the Antidumping Duty Administrative
Review of Silicon Metal from the People’s Republic
of China; 2017–2018 (Preliminary Decision
Memorandum), dated concurrently with, and
hereby adopted by, this notice.
VerDate Sep<11>2014
18:56 Aug 13, 2019
Jkt 247001
5 For a complete description of the scope of the
order, see Preliminary Decision Memorandum.
6 See Memorandum, ‘‘2017–2018 Antidumping
Duty Administrative Review of Silicon Metal from
the People’s Republic of China: Preliminary Bona
Fide Sales Analysis for Yunnan Fuyang Trade Co.,
Ltd.,’’ dated concurrently with this notice (Bona
Fide Sale Analysis Memorandum).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
40395
profitability and the arm’s-length nature
of the transaction; the limited number of
sales (i.e., one sale) that Fuyang
reported during the POR; and other
factors relevant as to whether the sale
under review is likely to typical of
future sales.
Preliminary Rescission of Review
Because the non-bona fide sale was
the only reported sale of subject
merchandise during the POR, we find
that Fuyang had no reviewable
transactions during this POR.
Accordingly, we are preliminarily
rescinding this administrative review.7
Given that the factual information used
in our bona fides analysis of Fuyang’s
sale involves business proprietary
information, see the Bona Fide Sales
Analysis Memorandum for a full
discussion of the basis for our
preliminary determination.
Public Comment
Interested parties may submit case
briefs no later than 30 days after the
date of publication of the preliminary
results of review.8 Rebuttals to case
briefs may be filed no later than five
days after the briefs are filed.9 All
rebuttal comments must be limited to
comments raised in the case briefs.10
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement & Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice.11 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. Oral
argument presentations will be limited
to issues raised in the briefs. If a request
for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a date and time to be
determined.12 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time (ET) on the due date.
Documents excepted from the electronic
7 See
19 CFR 351.213(d)(3).
19 CFR 351.309(c)(ii).
9 See 19 CFR 351.309(d)(1).
10 See 19 CFR 351.309(d)(2).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310(d).
8 See
E:\FR\FM\14AUN1.SGM
14AUN1
40396
Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Notices
submission requirements must be filed
manually (i.e., in paper form) with the
APO/Dockets Unit in Room 18022, and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.13
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs
received, no later than 120 days after the
date these preliminary results of review
are published, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
If Commerce proceeds to a final
rescission of this administrative review,
the assessment rate to which Fuyang’s
shipments will be subject will not be
affected by this review. If Commerce
does not proceed to a final rescission of
this administrative review, pursuant to
19 CFR 351.212(b)(1), we will calculate
importer-specific (or customer-specific)
assessment rates based on the final
results of this review.
Cash Deposit Requirements
If Commerce proceeds to a final
rescission of this administrative review,
Fuyang’s cash deposit rate will continue
to be the China-wide entity rate of
139.49 percent. If Commerce does not
proceed to a final rescission of this
administrative review, but calculates a
dumping margin for Fuyang, we will
instruct CBP to collect a cash deposit,
effective upon the publication of the
final results, at the dumping rate
calculated for Fuyang.
jspears on DSK3GMQ082PROD with NOTICES
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to 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 the return or
destruction of APO materials or
13 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
VerDate Sep<11>2014
18:56 Aug 13, 2019
Jkt 247001
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(l) and 777(i)(l) of the Act and 19
CFR 351.213.
Dated: August 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019–17430 Filed 8–13–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT009
Atlantic Highly Migratory Species;
Meeting of the Atlantic Highly
Migratory Species Advisory Panel
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting and
webinar/conference call.
AGENCY:
NMFS will hold a 2-day
Atlantic Highly Migratory Species
(HMS) Advisory Panel (AP) meeting in
September 2019. The intent of the
meeting is to consider options for the
conservation and management of
Atlantic HMS. The meeting is open to
the public.
DATES: The AP meeting and webinar
will be held from 8:30 a.m. to 6 p.m. on
Wednesday, September 4 and 8:30 a.m.
to 12:00 p.m. on Thursday, September 5.
ADDRESSES: The meeting will be held at
the Sheraton Silver Spring Hotel, 8777
Georgia Avenue, Silver Spring, MD
20910. The meeting presentations will
also be available via WebEx webinar/
conference call.
The meeting on Wednesday,
September 4, and Thursday, September
5, will also be accessible via conference
call and webinar. Conference call and
webinar access information are available
at: https://www.fisheries.noaa.gov/
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
event/september-2019-hms-advisorypanel-meeting.
Participants are strongly encouraged
to log/dial in 15 minutes prior to the
meeting. NMFS will show the
presentations via webinar and allow
public comment during identified times
on the agenda.
FOR FURTHER INFORMATION CONTACT:
Craig Cockrell or Peter Cooper at (301)
427–8503.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1801 et seq., as amended by the
Sustainable Fisheries Act, Public Law
104–297, provided for the establishment
of an AP to assist in the collection and
evaluation of information relevant to the
development of any FMP or FMP
amendment for Atlantic HMS. NMFS
consults with and considers the
comments and views of AP members
when preparing and implementing
FMPs or FMP amendments for Atlantic
tunas, swordfish, billfish, and sharks.
The AP has previously consulted with
NMFS on: Amendment 1 to the Billfish
FMP (April 1999); the HMS FMP (April
1999); Amendment 1 to the HMS FMP
(December 2003); the Consolidated HMS
FMP (October 2006); and Amendments
1, 2, 3, 4, 5a, 5b, 6, 7, 8, 9, 10, 11, 12,
13, and 14 to the 2006 Consolidated
HMS FMP (April and October 2008,
February and September 2009, May and
September 2010, April and September
2011, March and September 2012,
January and September 2013, April and
September 2014, March and September
2015, March, September, and December
2016, May and September 2017, March
and September 2018, and May 2019),
among other things.
The intent of this meeting is to
consider alternatives for the
conservation and management of all
Atlantic tunas, swordfish, billfish, and
shark fisheries. We anticipate
discussing:
• Presentation on the Amendment 12
Issues and Options document;
• Summary of comments from
Amendment 13, Amendment 14, and
Research and Data Collection in Support
of Spatial Fisheries Management
scoping;
• A summary of the Atlantic Tunas
General category cost earnings survey;
• Recreational fishery issues;
• An overview on shark interactions
with commercial and recreational
fisheries.
We also anticipate inviting other
NMFS offices and the United States
Coast Guard to provide updates, if
available, on their activities relevant to
HMS fisheries.
E:\FR\FM\14AUN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Notices]
[Pages 40395-40396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17430]
[[Page 40395]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal From the People's Republic of China: Preliminary
Rescission of the Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Yunnan Fuyang Trade Co., Ltd. (Fuyang), the sole company under
review, did not make a bona fide sale for antidumping purposes during
the period of review (POR) June 1, 2017 through May 31, 2018. Thus,
Commerce is preliminarily rescinding this review. We invite interested
parties to comment on these preliminary results.
DATES: Applicable August 14, 2019.
FOR FURTHER INFORMATION CONTACT: Eli Lovely, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1593.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of this review on
August 10, 2018.\1\ On January 28, 2019, Commerce exercised its
discretion to toll all deadlines affected by the closure of the federal
government from December 22, 2018 through January 28, 2019.\2\ Pursuant
to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), Commerce extended these preliminary results by 120 days, until
August 9, 2019.\3\ For a complete discussion of the background of this
review, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 39688 (August 10, 2018) (Initiation
Notice).
\2\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\3\ See Memorandum, ``Antidumping Duty Administrative Review of
Silicon Metal from the People's Republic of China: Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review,'' dated March 12, 2019.
\4\ See Decision Memorandum for the Preliminary Rescission of
the Antidumping Duty Administrative Review of Silicon Metal from the
People's Republic of China; 2017-2018 (Preliminary Decision
Memorandum), dated concurrently with, and hereby adopted by, this
notice.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the order is silicon metal containing at
least 96.00 but less than 99.99 percent of silicon by weight, and
silicon metal with a higher aluminum content containing between 89 and
96 percent silicon by weight. The subject merchandise is currently
classifiable under item numbers 2804.69.10 and 2804.69.50 of the
Harmonized Tariff Schedule of the United States (HTSUS) as a chemical
product, but is commonly referred to as a metal. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise is dispositive.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act and (2) of the Act. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum, which is hereby adopted by this notice. The topics
discussed in the Preliminary Decision Memorandum are listed in the
Attachment to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov and is available in the Central Records Unit,
Room B8024 of the main Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
Bona Fides Analysis
As discussed in the Bona Fide Sales Analysis Memorandum,\6\
Commerce preliminarily finds that the sale made by Fuyang serving as
the basis for this review is not a bona fide sale for antidumping
purposes. Commerce reached this conclusion based on the totality of the
following circumstances regarding Fuyang's reported sale: The price and
quantity of the U.S. sale; concerns regarding the resale's
profitability and the arm's-length nature of the transaction; the
limited number of sales (i.e., one sale) that Fuyang reported during
the POR; and other factors relevant as to whether the sale under review
is likely to typical of future sales.
---------------------------------------------------------------------------
\6\ See Memorandum, ``2017-2018 Antidumping Duty Administrative
Review of Silicon Metal from the People's Republic of China:
Preliminary Bona Fide Sales Analysis for Yunnan Fuyang Trade Co.,
Ltd.,'' dated concurrently with this notice (Bona Fide Sale Analysis
Memorandum).
---------------------------------------------------------------------------
Preliminary Rescission of Review
Because the non-bona fide sale was the only reported sale of
subject merchandise during the POR, we find that Fuyang had no
reviewable transactions during this POR. Accordingly, we are
preliminarily rescinding this administrative review.\7\ Given that the
factual information used in our bona fides analysis of Fuyang's sale
involves business proprietary information, see the Bona Fide Sales
Analysis Memorandum for a full discussion of the basis for our
preliminary determination.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of the preliminary results of review.\8\
Rebuttals to case briefs may be filed no later than five days after the
briefs are filed.\9\ All rebuttal comments must be limited to comments
raised in the case briefs.\10\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c)(ii).
\9\ See 19 CFR 351.309(d)(1).
\10\ See 19 CFR 351.309(d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement &
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\11\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Oral argument presentations will be
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date
and time to be determined.\12\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. Documents
excepted from the electronic
[[Page 40396]]
submission requirements must be filed manually (i.e., in paper form)
with the APO/Dockets Unit in Room 18022, and stamped with the date and
time of receipt by 5 p.m. ET on the due date.\13\
---------------------------------------------------------------------------
\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs received, no later than 120 days after the date these
preliminary results of review are published, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
If Commerce proceeds to a final rescission of this administrative
review, the assessment rate to which Fuyang's shipments will be subject
will not be affected by this review. If Commerce does not proceed to a
final rescission of this administrative review, pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment rates based on the final results of this review.
Cash Deposit Requirements
If Commerce proceeds to a final rescission of this administrative
review, Fuyang's cash deposit rate will continue to be the China-wide
entity rate of 139.49 percent. If Commerce does not proceed to a final
rescission of this administrative review, but calculates a dumping
margin for Fuyang, we will instruct CBP to collect a cash deposit,
effective upon the publication of the final results, at the dumping
rate calculated for Fuyang.
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
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 the 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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213.
Dated: August 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-17430 Filed 8-13-19; 8:45 am]
BILLING CODE 3510-DS-P
