Silicon Metal From Russia: Continuation of Antidumping Duty Order, 37831-37832 [2020-13641]

Download as PDF Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices participant is a foreign national; and (4) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs.22 If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined.23 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Unless otherwise extended, 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, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). jbell on DSKJLSW7X2PROD with NOTICES Assessment Rates Upon issuance of the final results, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. If Zhongji’s or Xiamen Xiashun’s weighted-average dumping margin is not zero or de minimis (i.e., less than 0.50 percent) in the final results of this review, Commerce will calculate importer-specific assessment rates, in accordance with 19 CFR 351.212(b)(1).24 For Zhongji and Xiamen Xiashun, Commerce intends to calculate an importer-specific per-unit assessment rate by dividing the amount of dumping for reviewed sales to the importer by the total sales quantity associated with those transactions. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importerspecific assessment rate calculated in the final results of this review is not zero or de minimis. If Zhongji’s or Xiamen Xiashun’s weighted-average dumping margin is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review where applicable. For entries that were not reported in the U.S. sales data submitted by companies individually examined during this review, Commerce will instruct CBP to liquidate such entries at 22 See 19 CFR 351.310(c). 19 CFR 351.310(d). 24 See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 23 See VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 the rate for the China-wide entity.25 Additionally, if Commerce determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s cash deposit rate) will be liquidated at the rate for the Chinawide entity.26 We intend to issue instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the finals results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Zhongji or Xiamen Xiashun will be the rate established in the final results of this review (except, if the ad valorem rate is de minimis, then the cash deposit rate will be zero); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific cash deposit rate published for the most recently completed period; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. 25 See Non-Market Economy Antidumping Proceedings, 76 FR at 65694–95. 26 Id. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 37831 Notification to Interested Parties This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4). Dated: June 17, 2020. 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. Preliminary Determination of No Shipments V. Rescission of Review, In Part VI. Discussion of the Methodology VII. Recommendation [FR Doc. 2020–13640 Filed 6–23–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–817] Silicon Metal From Russia: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on silicon metal from Russia would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order. DATES: Applicable June 24, 2020. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3148. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 26, 2003, Commerce published the AD order on silicon metal from Russia.1 On June 4, 2019, 1 See Antidumping Duty Order: Silicon Metal from Russia, 68 FR 14578 (March 26, 2003) (AD E:\FR\FM\24JNN1.SGM Continued 24JNN1 jbell on DSKJLSW7X2PROD with NOTICES 37832 Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices Commerce initiated the third five-year (sunset) review of the AD order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 As a result of its review, Commerce determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that revocation of the AD order on silicon metal from Russia would likely lead to a continuation or recurrence of dumping. Commerce, therefore, notified the ITC of the magnitude of the margins likely to prevail should the AD order be revoked, in accordance with section 752(c)(3) of the Act.3 On June 3, 2020, the ITC determined that revocation of the AD order would lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, pursuant to sections 751(c) and 752(a) of the Act.4 of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. Scope of the Order The product covered by this order is silicon metal, which generally contains at least 96.00 percent but less than 99.99 percent silicon by weight. The merchandise covered by this order also includes silicon metal from Russia containing between 89.00 and 96.00 percent silicon by weight, but containing more aluminum than the silicon metal which contains at least 96.00 percent but less than 99.99 percent silicon by weight. Silicon metal currently is classifiable under subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule of the United States (HTSUS). This order covers all silicon metal meeting the above specification, regardless of tariff classification. Notification to Interested Parties Continuation of the AD Order As a result of the determinations by Commerce and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the AD order on silicon metal from Russia. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports Cast Iron Soil Pipe Fittings From the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review 2018–2019 order), amended by Silicon Metal from the Russian Federation; Notice of Amended Final Determination Pursuant to Court Decision, 71 FR 8277 (February 16, 2006). 2 See Initiation of Five-Year (Sunset) Reviews, 84 FR 25741 (June 4, 2019). 3 See Silicon Metal from the Russian Federation: Final Results of Expedited Third Sunset Review of the Antidumping Duty Order, 84 FR 54594 (October 10, 2019). 4 See Silicon Metal from Russia, 85 FR 34237 (June 3, 2020). VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 DATES: Applicable June 24, 2020. FOR FURTHER INFORMATION CONTACT: Michael Bowen or Samantha Kinney, 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) 482–0768 or (202) 482–2285, respectively. SUPPLEMENTARY INFORMATION: Administrative Protective Order (APO) Background This notice also serves as the only reminder to parties subject to APO of their responsibility concerning the return, destruction, or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. On October 7, 2019, Commerce published a notice of initiation of an administrative review of the antidumping duty order on soil pipe fittings from China.1 This administrative review covers 11 companies, including two mandatory respondents: Wor-Biz 2 and Shunshida. We preliminarily determine that sales of subject merchandise by Wor-Biz have been made at prices below NV. Shunshida did not respond to our questionnaire and has filed no submissions on the record of this administrative review. We therefore consider Shunshida to be part of the China-wide entity. In addition, we are preliminarily granting separate rates to five producers/exporters, including Wor-Biz. On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, thereby extending the deadline for these results until June 22, 2020.3 This five-year (sunset) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: June 17, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–13641 Filed 6–23–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–062] Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Wor-Biz Industrial Product Co., Ltd. (Anhui) (Wor-Biz), an exporter of cast iron soil pipe fittings (soil pipe fittings) from the People’s Republic of China (China), sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) February 20 2018 through July 31, 2019. We also preliminarily determine that Qinshui Shunshida Casting Co., Ltd. (Shunshida) is not eligible for a separate rate and is, therefore, part of the China-wide entity. We invite interested parties to comment on these preliminary results. AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Scope of the Order 4 The products covered by the Order are soil pipe fittings from China. For a complete description of the scope of this administrative review, see the Preliminary Decision Memorandum.5 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation Notice). 2 On January 8, 2020, Commerce determined that Wor-Biz Industrial Product Co., Ltd. (Anhui) is the successor-in-interest to Wor-Biz Trading Co., Ltd (Anhui) and is therefore entitled to that company’s cash deposit rate with respect to entries of subject merchandise. See Cast Iron Soil Pipe Fittings from the People’s Republic of China: Final Results of Changed Circumstances Review, 85 FR 881 (January 8, 2020). 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April, 24, 2020. 4 See Cast Iron Soil Pipe Fittings from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 83 FR 44570 (August 31, 2018) (the Order). 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results in the Antidumping Duty Administrative Review; Cast Iron Soil Pipe Fittings from the People’s Republic of China; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37831-37832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13641]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-817]


Silicon Metal From Russia: Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on silicon metal from 
Russia would likely lead to a continuation or recurrence of dumping and 
material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of the AD order.

DATES: Applicable June 24, 2020.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On March 26, 2003, Commerce published the AD order on silicon metal 
from Russia.\1\ On June 4, 2019,

[[Page 37832]]

Commerce initiated the third five-year (sunset) review of the AD order, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ As a result of its review, Commerce determined, pursuant to 
sections 751(c)(1) and 752(c) of the Act, that revocation of the AD 
order on silicon metal from Russia would likely lead to a continuation 
or recurrence of dumping. Commerce, therefore, notified the ITC of the 
magnitude of the margins likely to prevail should the AD order be 
revoked, in accordance with section 752(c)(3) of the Act.\3\
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    \1\ See Antidumping Duty Order: Silicon Metal from Russia, 68 FR 
14578 (March 26, 2003) (AD order), amended by Silicon Metal from the 
Russian Federation; Notice of Amended Final Determination Pursuant 
to Court Decision, 71 FR 8277 (February 16, 2006).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 25741 
(June 4, 2019).
    \3\ See Silicon Metal from the Russian Federation: Final Results 
of Expedited Third Sunset Review of the Antidumping Duty Order, 84 
FR 54594 (October 10, 2019).
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    On June 3, 2020, the ITC determined that revocation of the AD order 
would lead to a continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time, 
pursuant to sections 751(c) and 752(a) of the Act.\4\
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    \4\ See Silicon Metal from Russia, 85 FR 34237 (June 3, 2020).
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Scope of the Order

    The product covered by this order is silicon metal, which generally 
contains at least 96.00 percent but less than 99.99 percent silicon by 
weight. The merchandise covered by this order also includes silicon 
metal from Russia containing between 89.00 and 96.00 percent silicon by 
weight, but containing more aluminum than the silicon metal which 
contains at least 96.00 percent but less than 99.99 percent silicon by 
weight. Silicon metal currently is classifiable under subheadings 
2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule of the 
United States (HTSUS). This order covers all silicon metal meeting the 
above specification, regardless of tariff classification.

Continuation of the AD Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the AD order on silicon 
metal from Russia. U.S. Customs and Border Protection will continue to 
collect AD cash deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of the 
continuation of the order will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to 
initiate the next five-year review of the order not later than 30 days 
prior to the fifth anniversary of the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: June 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-13641 Filed 6-23-20; 8:45 am]
BILLING CODE 3510-DS-P