Silicon Metal From the People's Republic of China: Preliminary Rescission of the Antidumping Duty Administrative Review; 2017-2018, 40395-40396 [2019-17430]

Download as PDF 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 http://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 http://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 Frm 00015 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 14AUN1

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]]

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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 
http://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 http://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