Silicon Metal From Bosnia and Herzegovina, Iceland, and Malaysia: Initiation of Less-Than-Fair-Value Investigations, 45177-45181 [2020-16220]

Download as PDF Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Notices written description of the scope remains dispositive. [FR Doc. 2020–16221 Filed 7–24–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–893–001, A–400–001, A–557–820] Silicon Metal From Bosnia and Herzegovina, Iceland, and Malaysia: Initiation of Less-Than-Fair-Value Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable July 20, 2020. FOR FURTHER INFORMATION CONTACT: Jerry Huang at (202) 482–4047 (Bosnia and Herzegovina); or Kabir Archuletta at (202) 482–1766 (Iceland and Malaysia); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petitions jbell on DSKJLSW7X2PROD with NOTICES On June 30, 2020, the Department of Commerce (Commerce) received antidumping duty (AD) petitions concerning imports of silicon metal from Bosnia and Herzegovina (Bosnia), Iceland, and Malaysia filed in proper form on behalf of the petitioners,1 domestic producers of silicon metal.2 The Petitions were accompanied by a countervailing duty (CVD) petition concerning imports of silicon metal from the Republic of Kazakhstan.3 Between July 6 and 14, 2020, Commerce requested supplemental information pertaining to certain aspects of the Petitions in separate supplemental questionnaires.4 The petitioners filed responses to the 1 The petitioners are Globe Specialty Metals, Inc. and Mississippi Silicon LLC. 2 See Petitioners’ Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties: Silicon Metal from Bosnia and Herzegovina, Iceland, the Republic of Kazakhstan, and Malaysia,’’ dated June 30, 2020 (the Petitions). 3 Id. 4 See Commerce’s Letters, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Silicon Metal from Bosnia and Herzegovina, Iceland, and Malaysia and Countervailing Duties on Imports from Kazakhstan: Supplemental Questions,’’ dated July 6, 2020; and country-specific supplemental questionnaires: Bosnia Supplemental, Iceland Supplemental, Malaysia Supplemental, dated July 6, 2020; and Iceland Second Supplemental, Malaysia Second Supplemental, dated July 14, 2020. VerDate Sep<11>2014 19:31 Jul 24, 2020 Jkt 250001 45177 supplemental questionnaires between July 8 and July 15, 2020.5 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that imports of silicon metal from Bosnia, Iceland, and Malaysia are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that imports of such products are materially injuring, or threatening material injury to, the domestic silicon metal industry in the United States. Consistent with section 732(b)(1) of the Act, the Petitions are accompanied by information reasonably available to the petitioners supporting their allegations. Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry, because the petitioners are interested parties, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support for the initiation of the requested AD investigations.6 include factual information,8 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on August 10, 2020, which is 21calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on August 20, 2020, which is ten calendar days from the initial comment deadline. Commerce requests that any factual information parties consider relevant to the scope of the investigations be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations. Period of Investigation Filing Requirements Because the Petitions were filed on June 30, 2020, the period of investigation (POI) for the Bosnia, Iceland, and Malaysia AD investigations is April 1, 2019 through March 31, 2020, pursuant to 19 CFR 351.204(b)(1). Scope of the Investigations The product covered by these investigations is silicon metal from Bosnia, Iceland, and Malaysia. For a full description of the scope of these investigations, see the appendix to this notice. Scope Comments As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).7 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments 5 See Petitioners’ First Country-Specific Supplemental Responses, dated July 8, 2020; and Petitioners’ Letter, ‘‘Silicon Metal from Bosnia and Herzegovina, Iceland, and Malaysia and Kazakhstan: General Volume Petition Supplement,’’ dated July 8, 2020 (General Issues Supplement); see also Petitioners’ Second Iceland Supplemental Response, Second Malaysia Supplemental Response, dated July 15, 2020. 6 See infra, section on ‘‘Determination of Industry Support for the Petitions.’’ 7 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 All submissions to Commerce must be filed electronically via Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (ACCESS), unless an exception applies.9 An electronically-filed document must be received successfully in its entirety by the time and date it is due. Comments on Product Characteristics Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of silicon metal to be reported in response to Commerce’s AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant costs of production accurately, as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide 8 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 9 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook%20on %20Electronic%20Filling%20Procedures.pdf. E:\FR\FM\27JYN1.SGM 27JYN1 45178 Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES comments as to which characteristics are appropriate to use as: (1) General product characteristics; and (2) product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe silicon metal, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Commerce attempts to list the physical characteristics in order of importance, from most important to least important. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on August 10, 2020. Any rebuttal comments must be filed by 5:00 p.m. ET on August 17, 2020. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of each of the AD investigations. Determination of Industry Support for the Petitions Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute VerDate Sep<11>2014 19:31 Jul 24, 2020 Jkt 250001 directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,10 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.11 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioners do not offer a definition of the domestic like product distinct from the scope of the investigations.12 Based on our analysis of the information submitted on the record, we have determined that silicon metal, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.13 In determining whether the petitioners have standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ‘‘Scope of the Investigations,’’ in the appendix to this notice. To establish industry support, the petitioners provided their actual 2019 production section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 12 See Volume I of the Petitions at 25–28. 13 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see the country-specific AD Initiation Checklists at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Silicon Metal from Bosnia and Herzegovina, Iceland, Malaysia, and Kazakhstan (Attachment II). These checklists are dated concurrently with, and hereby adopted by, this notice and on file electronically via ACCESS. PO 00000 10 See 11 See Frm 00020 Fmt 4703 Sfmt 4703 of the domestic like product.14 To estimate the 2019 production for the entire U.S. silicon metal industry, the petitioners relied on their own 2019 production data and estimated production data reported for the nonpetitioning producer (DC Alabama).15 We relied on data provided by the petitioners for purposes of measuring industry support.16 Our review of the data provided in the Petitions, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioners have established industry support for the Petitions.17 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).18 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.19 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.20 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.21 Allegations and Evidence of Material Injury and Causation The petitioners allege that the U.S. industry producing the domestic like product is being materially injured, or is 14 See Volume I of the Petitions at 3–4 and Exhibits I–2 and I–3; see also General Issues Supplement at 2. 15 See Volume I of the Petitions at 3–4 and Exhibit I–5; see also General Issues Supplement at 2. 16 Id. For further discussion, see Attachment II of the country-specific AD Initiation Checklists. 17 See Volume I of the Petitions at 3–4 and Exhibits I–2, I–3, and I–5; see also General Issues Supplement at 2. For further discussion, see Attachment II of the country-specific AD Initiation Checklists. 18 See Attachment II of the country-specific AD Initiation Checklists; see also section 732(c)(4)(D) of the Act. 19 See Attachment II of the country-specific AD Initiation Checklists. 20 Id. 21 Id. E:\FR\FM\27JYN1.SGM 27JYN1 Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Notices threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.22 The petitioners contend that the industry’s injured condition is illustrated by a significant and increasing volume of subject imports; declining market share; underselling; price depression and suppression; lost sales and revenues; declines in capacity, production, shipments, employment, prices, revenue, and profitability; and declining financial performance.23 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.24 Allegations of Sales at LTFV The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate AD investigations of imports of silicon metal from Bosnia, Iceland, and Malaysia. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the country-specific AD Initiation Checklists. U.S. Price For all countries, the petitioners based export price (EP) on the average unit value (AUV) of publicly-available import data.25 The petitioners made certain adjustments to U.S. price to calculate a net ex-factory U.S. price.26 jbell on DSKJLSW7X2PROD with NOTICES Normal Value 27 For Bosnia and Iceland, the petitioners were unable to obtain home 22 See Volume I of the Petitions at 31 and Exhibit I–31. 23 Id. at 41–68 and Exhibits I–1, I–5 through I–7, I–10, I–13, I–15, I–16, I–18, I–20, I–23, I–24, I–32, I–34, and I–37 through I–59. 24 See country-specific AD Initiation Checklists at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Silicon Metal from Bosnia and Herzegovina, Iceland, Kazakhstan, and Malaysia (Attachment III). 25 See country-specific AD Initiation Checklists. 26 Id. 27 In accordance with section 773(b)(2) of the Act, for these investigations, Commerce will request information necessary to calculate the constructed value (CV) and cost of production (COP) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product. Commerce no VerDate Sep<11>2014 19:31 Jul 24, 2020 Jkt 250001 market prices for silicon metal produced and sold in the subject countries. Therefore, for Bosnia, the petitioners provided third country import AUVs for the POI, as well as price quotes to third countries.28 The petitioners also provided information for Bosnia indicating that the AUVs and price quotes were below the COP and, therefore, the petitioners calculated NV based on CV.29 For further discussion of CV, see the section ‘‘Normal Value Based on Constructed Value.’’ For Iceland, the petitioners based NV on AUVs of publicly available data for imports of silicon metal from Iceland into Germany.30 The petitioners made certain adjustments to those prices to calculate an ex-factory third country price, in accordance with section 773 of the Act.31 For Malaysia, the petitioners based NV on home market price quotes obtained through market research for silicon metal produced and sold in Malaysia.32 The petitioners made certain adjustments to those prices to calculate an ex-factory home market price, in accordance with section 773 of the Act.33 Normal Value Based on Constructed Value As noted above, the petitioners demonstrated that the third country import AUVs and price quotes for Bosnia were below COP. Accordingly, the petitioners based NV on CV.34 Pursuant to section 773(e) of the Act, the petitioners calculated CV as the sum of the cost of manufacturing, selling, general, and administrative expenses, financial expenses, and profit.35 We recalculated the financial ratios submitted by the petitioners but made no other changes to their calculation of CV. 36 Fair Value Comparisons Based on the data provided by the petitioners, there is reason to believe that imports of silicon metal from Bosnia, Iceland, and Malaysia are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated longer requires a COP allegation to conduct this analysis. 28 See AD Initiation Checklist for Bosnia. 29 Id. 30 See AD Initiation Checklist for Iceland. 31 Id. 32 See AD Initiation Checklist for Malaysia. 33 Id. 34 See AD Initiation Checklist for Bosnia, Iceland, and Malaysia. 35 Id. 36 Id. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 45179 dumping margins for silicon metal for each of the countries covered by this initiation are as follows: (1) Bosnia, 21.41 percent; (2) Iceland, 28.12–47.54 percent; and (3) Malaysia, 11.49—16.92 percent.37 Initiation of LTFV Investigations Based upon the examination of the Petitions and supplemental responses, we find that they meet the requirements of section 732 of the Act. Therefore, we are initiating AD investigations to determine whether imports of silicon metal from Bosnia, Iceland, and Malaysia are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 140 days after the date of this initiation. Respondent Selection In the Petitions, the petitioners named five producers/exporters of silicon metal in Bosnia, four producers/exporters of silicon metal in Iceland, and six producers/exporters of silicon metal in Malaysia.38 Following standard practice in AD investigations involving market economy countries, in the event Commerce determines that the number of companies is large and that Commerce cannot individually examine each company based upon Commerce’s resources, where appropriate, Commerce intends to select mandatory respondents in Bosnia, Iceland, and Malaysia based on U.S. Customs and Border Protection (CBP) data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ‘‘Scope of the Investigations,’’ in the appendix. For each country, on July 10, 2020, Commerce released CBP data on imports of silicon metal to all parties with access to information protected by Administrative Protective Order (APO) and indicated that interested parties wishing to comment on the CBP data must do so within three business days of the publication date of the notice of initiation of these investigations.39 Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Interested parties must submit applications for disclosure under APO 37 Id. 38 See Volume I of the Petitions at pages 14–20 and Exhibit I–9. 39 See country-specific memoranda, ‘‘Release of Customs Data from U.S. Customs and Border Protection,’’ dated July 10, 2020. E:\FR\FM\27JYN1.SGM 27JYN1 45180 Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Notices in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https://enforcement.trade.gove/apo. Distribution of Copies of the AD Petitions In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the AD Petitions have been provided to the governments of Bosnia, Iceland, and Malaysia via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the AD Petitions to each exporter named in the AD Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 732(d) of the Act. jbell on DSKJLSW7X2PROD with NOTICES Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the AD Petitions were filed, whether there is a reasonable indication that imports of silicon metal from Bosnia, Iceland, and Malaysia are materially injuring, or threatening material injury to, a U.S. industry.40 A negative ITC determination for any country will result in the investigation being terminated with respect to that country.41 Otherwise, these AD investigations will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 42 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.43 Time limits for the 40 See section 733(a) of the Act. 41 Id. 42 See 43 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). VerDate Sep<11>2014 19:31 Jul 24, 2020 Jkt 250001 submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. Particular Market Situation Allegation Section 773(e) of the Act addresses the concept of a particular market situation (PMS) for CV, stating that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately. Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), sets a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of a respondent’s initial section D questionnaire response. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimelyfiled requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to submitting factual information in these investigations. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.44 Parties must use the certification formats provided in 19 CFR 351.303(g).45 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.46 This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: July 20, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—Scope of the Investigations The scope of these investigations 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 44 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 46 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 45 See E:\FR\FM\27JYN1.SGM 27JYN1 Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Notices 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 the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive. [FR Doc. 2020–16220 Filed 7–24–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–201–854] Standard Steel Welded Wire Mesh From Mexico: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable July 20, 2020. Period of Investigation FOR FURTHER INFORMATION CONTACT: Joshua Tucker or Ian Hamilton, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2044 or (202) 482–4798, respectively. SUPPLEMENTARY INFORMATION: The Petition jbell on DSKJLSW7X2PROD with NOTICES On June 30, 2020, the Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of standard steel welded wire mesh (wire mesh) from Mexico filed in proper form on behalf of the petitioners,1 domestic producers of wire mesh.2 The Petition was accompanied by an antidumping duty (AD) petition concerning imports of wire mesh from Mexico.3 On July 2, 2020 and July 6, 2020, Commerce requested supplemental information pertaining to certain aspects of the Petition,4 to which the petitioners 1 Insteel Industries, Inc.; Mid South Wire Company; National Wire LLC; Oklahoma Steel & Wire Co.; and Wire Mesh Corp. (collectively, the petitioners). 2 See Petitioners’ Letter, ‘‘Standard Steel Welded Wire Mesh from Mexico—Petition for the Imposition of Antidumping and Countervailing Duties,’’ dated June 30, 2020 (the Petition). 3 Id. 4 See Commerce’s Letter, ‘‘Petitions for the Imposition of Antidumping Duties and VerDate Sep<11>2014 19:31 Jul 24, 2020 Jkt 250001 filed responses on July 7, 2020 and July 8, 2020, respectively.5 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that the Government of Mexico (GOM) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of wire mesh in Mexico and that such imports are materially injuring, or threatening material injury to, the domestic industry producing wire mesh in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition was accompanied by information reasonably available to the petitioners supporting their allegations. Commerce finds that the petitioners filed the Petition on behalf of the domestic industry because the petitioners are interested parties, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support for the initiation of the requested CVD investigation.6 Because the Petition was filed on June 30, 2020, the period of investigation (POI) for this CVD investigation is January 1, 2019 through December 31, 2019, pursuant to 19 CFR 351.204(b)(2).7 Scope of the Investigation The products covered by this investigation are wire mesh from Mexico. For a full description of the scope of this investigation, see the appendix to this notice. Comments on Scope of the Investigation As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage Countervailing Duties on Imports of Standard Steel Welded Wire Mesh from Mexico: Supplemental Questions,’’ dated July 2, 2020; see also Commerce’s Letter, ‘‘Petition for the Imposition of Countervailing Duties on Standard Steel Welded Wire Mesh from Mexico: Supplemental Questions,’’ dated July 6, 2020. 5 See Petitioners’ Letter, ‘‘Standard Steel Welded Wire Mesh from Mexico—Petitioners’ Amendment to Volume I Concerning General Issues,’’ dated July 7, 2020 (General Issues Supplement); see also Petitioners’ Letter, ‘‘Standard Steel Welded Wire Mesh from Mexico—Petitioners’ Amendment to Volume III Related to Countervailing Duties from Mexico,’’ dated July 8, 2020. 6 See infra, section on ‘‘Information Related to Industry Support.’’ 7 See 19 CFR 351.204(b)(2). PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 45181 (i.e., scope).8 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,9 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on August 10, 2020, which is the next business day after 20 calendar days from the signature date of this notice.10 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on August 20, 2020, which is ten calendar days from the initial comment deadline. Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must also be filed on the record of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance’s (E&C’s) Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.11 An electronically filed document must be received successfully in its entirety by the time and date it is due. 8 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 10 See 19 CFR 351.303(b). Commerce’s practice dictates that where a deadline falls on a weekend or Federal holiday, the appropriate deadline is the next business day (in this instance, August 10, 2020). See also Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005); and 19 CFR 351.303(b). 11 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook_on_Electronic_ Filing_Procedures.pdf. E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45177-45181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16220]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-893-001, A-400-001, A-557-820]


Silicon Metal From Bosnia and Herzegovina, Iceland, and Malaysia: 
Initiation of Less-Than-Fair-Value Investigations

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

DATES: Applicable July 20, 2020.

FOR FURTHER INFORMATION CONTACT: Jerry Huang at (202) 482-4047 (Bosnia 
and Herzegovina); or Kabir Archuletta at (202) 482-1766 (Iceland and 
Malaysia); AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On June 30, 2020, the Department of Commerce (Commerce) received 
antidumping duty (AD) petitions concerning imports of silicon metal 
from Bosnia and Herzegovina (Bosnia), Iceland, and Malaysia filed in 
proper form on behalf of the petitioners,\1\ domestic producers of 
silicon metal.\2\ The Petitions were accompanied by a countervailing 
duty (CVD) petition concerning imports of silicon metal from the 
Republic of Kazakhstan.\3\
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    \1\ The petitioners are Globe Specialty Metals, Inc. and 
Mississippi Silicon LLC.
    \2\ See Petitioners' Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties: Silicon Metal from Bosnia and 
Herzegovina, Iceland, the Republic of Kazakhstan, and Malaysia,'' 
dated June 30, 2020 (the Petitions).
    \3\ Id.
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    Between July 6 and 14, 2020, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in separate 
supplemental questionnaires.\4\ The petitioners filed responses to the 
supplemental questionnaires between July 8 and July 15, 2020.\5\
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    \4\ See Commerce's Letters, ``Petition for the Imposition of 
Antidumping Duties on Imports of Silicon Metal from Bosnia and 
Herzegovina, Iceland, and Malaysia and Countervailing Duties on 
Imports from Kazakhstan: Supplemental Questions,'' dated July 6, 
2020; and country-specific supplemental questionnaires: Bosnia 
Supplemental, Iceland Supplemental, Malaysia Supplemental, dated 
July 6, 2020; and Iceland Second Supplemental, Malaysia Second 
Supplemental, dated July 14, 2020.
    \5\ See Petitioners' First Country-Specific Supplemental 
Responses, dated July 8, 2020; and Petitioners' Letter, ``Silicon 
Metal from Bosnia and Herzegovina, Iceland, and Malaysia and 
Kazakhstan: General Volume Petition Supplement,'' dated July 8, 2020 
(General Issues Supplement); see also Petitioners' Second Iceland 
Supplemental Response, Second Malaysia Supplemental Response, dated 
July 15, 2020.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of silicon metal 
from Bosnia, Iceland, and Malaysia are being, or are likely to be, sold 
in the United States at less than fair value (LTFV) within the meaning 
of section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the domestic 
silicon metal industry in the United States. Consistent with section 
732(b)(1) of the Act, the Petitions are accompanied by information 
reasonably available to the petitioners supporting their allegations.
    Commerce finds that the petitioners filed the Petitions on behalf 
of the domestic industry, because the petitioners are interested 
parties, as defined in section 771(9)(C) of the Act. Commerce also 
finds that the petitioners demonstrated sufficient industry support for 
the initiation of the requested AD investigations.\6\
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    \6\ See infra, section on ``Determination of Industry Support 
for the Petitions.''
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Period of Investigation

    Because the Petitions were filed on June 30, 2020, the period of 
investigation (POI) for the Bosnia, Iceland, and Malaysia AD 
investigations is April 1, 2019 through March 31, 2020, pursuant to 19 
CFR 351.204(b)(1).

Scope of the Investigations

    The product covered by these investigations is silicon metal from 
Bosnia, Iceland, and Malaysia. For a full description of the scope of 
these investigations, see the appendix to this notice.

Scope Comments

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\7\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\8\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on August 10, 2020, which is 21calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on August 20, 2020, which is 
ten calendar days from the initial comment deadline.
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    \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \8\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigations be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigations may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's AD and CVD Centralized Electronic Service 
System (ACCESS), unless an exception applies.\9\ An electronically-
filed document must be received successfully in its entirety by the 
time and date it is due.
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    \9\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of silicon metal to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant costs of production 
accurately, as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide

[[Page 45178]]

comments as to which characteristics are appropriate to use as: (1) 
General product characteristics; and (2) product comparison criteria. 
We note that it is not always appropriate to use all product 
characteristics as product comparison criteria. We base product 
comparison criteria on meaningful commercial differences among 
products. In other words, although there may be some physical product 
characteristics utilized by manufacturers to describe silicon metal, it 
may be that only a select few product characteristics take into account 
commercially meaningful physical characteristics. In addition, 
interested parties may comment on the order in which the physical 
characteristics should be used in matching products. Generally, 
Commerce attempts to list the physical characteristics in order of 
importance, from most important to least important.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on August 10, 
2020. Any rebuttal comments must be filed by 5:00 p.m. ET on August 17, 
2020. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of each 
of the AD investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\10\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\11\
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    \10\ See section 771(10) of the Act.
    \11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\12\ Based on our analysis of the information 
submitted on the record, we have determined that silicon metal, as 
defined in the scope, constitutes a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\13\
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    \12\ See Volume I of the Petitions at 25-28.
    \13\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see the country-specific AD Initiation Checklists at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Silicon Metal from Bosnia and Herzegovina, 
Iceland, Malaysia, and Kazakhstan (Attachment II). These checklists 
are dated concurrently with, and hereby adopted by, this notice and 
on file electronically via ACCESS.
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    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioners provided 
their actual 2019 production of the domestic like product.\14\ To 
estimate the 2019 production for the entire U.S. silicon metal 
industry, the petitioners relied on their own 2019 production data and 
estimated production data reported for the non-petitioning producer (DC 
Alabama).\15\ We relied on data provided by the petitioners for 
purposes of measuring industry support.\16\
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    \14\ See Volume I of the Petitions at 3-4 and Exhibits I-2 and 
I-3; see also General Issues Supplement at 2.
    \15\ See Volume I of the Petitions at 3-4 and Exhibit I-5; see 
also General Issues Supplement at 2.
    \16\ Id. For further discussion, see Attachment II of the 
country-specific AD Initiation Checklists.
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioners have established industry support for 
the Petitions.\17\ First, the Petitions established support from 
domestic producers (or workers) accounting for more than 50 percent of 
the total production of the domestic like product and, as such, 
Commerce is not required to take further action in order to evaluate 
industry support (e.g., polling).\18\ Second, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petitions account for at least 25 percent of 
the total production of the domestic like product.\19\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petitions account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petitions.\20\ Accordingly, Commerce determines that 
the Petitions were filed on behalf of the domestic industry within the 
meaning of section 732(b)(1) of the Act.\21\
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    \17\ See Volume I of the Petitions at 3-4 and Exhibits I-2, I-3, 
and I-5; see also General Issues Supplement at 2. For further 
discussion, see Attachment II of the country-specific AD Initiation 
Checklists.
    \18\ See Attachment II of the country-specific AD Initiation 
Checklists; see also section 732(c)(4)(D) of the Act.
    \19\ See Attachment II of the country-specific AD Initiation 
Checklists.
    \20\ Id.
    \21\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is

[[Page 45179]]

threatened with material injury, by reason of the imports of the 
subject merchandise sold at LTFV. In addition, the petitioners allege 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.\22\
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    \22\ See Volume I of the Petitions at 31 and Exhibit I-31.
---------------------------------------------------------------------------

    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
declining market share; underselling; price depression and suppression; 
lost sales and revenues; declines in capacity, production, shipments, 
employment, prices, revenue, and profitability; and declining financial 
performance.\23\ We assessed the allegations and supporting evidence 
regarding material injury, threat of material injury, causation, as 
well as negligibility, and we have determined that these allegations 
are properly supported by adequate evidence, and meet the statutory 
requirements for initiation.\24\
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    \23\ Id. at 41-68 and Exhibits I-1, I-5 through I-7, I-10, I-13, 
I-15, I-16, I-18, I-20, I-23, I-24, I-32, I-34, and I-37 through I-
59.
    \24\ See country-specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Silicon Metal from Bosnia and Herzegovina, Iceland, 
Kazakhstan, and Malaysia (Attachment III).
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of silicon metal from Bosnia, Iceland, and Malaysia. The 
sources of data for the deductions and adjustments relating to U.S. 
price and normal value (NV) are discussed in greater detail in the 
country-specific AD Initiation Checklists.

U.S. Price

    For all countries, the petitioners based export price (EP) on the 
average unit value (AUV) of publicly-available import data.\25\ The 
petitioners made certain adjustments to U.S. price to calculate a net 
ex-factory U.S. price.\26\
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    \25\ See country-specific AD Initiation Checklists.
    \26\ Id.
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Normal Value \27\
---------------------------------------------------------------------------

    \27\ In accordance with section 773(b)(2) of the Act, for these 
investigations, Commerce will request information necessary to 
calculate the constructed value (CV) and cost of production (COP) to 
determine whether there are reasonable grounds to believe or suspect 
that sales of the foreign like product have been made at prices that 
represent less than the COP of the product. Commerce no longer 
requires a COP allegation to conduct this analysis.
---------------------------------------------------------------------------

    For Bosnia and Iceland, the petitioners were unable to obtain home 
market prices for silicon metal produced and sold in the subject 
countries. Therefore, for Bosnia, the petitioners provided third 
country import AUVs for the POI, as well as price quotes to third 
countries.\28\ The petitioners also provided information for Bosnia 
indicating that the AUVs and price quotes were below the COP and, 
therefore, the petitioners calculated NV based on CV.\29\ For further 
discussion of CV, see the section ``Normal Value Based on Constructed 
Value.''
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    \28\ See AD Initiation Checklist for Bosnia.
    \29\ Id.
---------------------------------------------------------------------------

    For Iceland, the petitioners based NV on AUVs of publicly available 
data for imports of silicon metal from Iceland into Germany.\30\ The 
petitioners made certain adjustments to those prices to calculate an 
ex-factory third country price, in accordance with section 773 of the 
Act.\31\
---------------------------------------------------------------------------

    \30\ See AD Initiation Checklist for Iceland.
    \31\ Id.
---------------------------------------------------------------------------

    For Malaysia, the petitioners based NV on home market price quotes 
obtained through market research for silicon metal produced and sold in 
Malaysia.\32\ The petitioners made certain adjustments to those prices 
to calculate an ex-factory home market price, in accordance with 
section 773 of the Act.\33\
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    \32\ See AD Initiation Checklist for Malaysia.
    \33\ Id.
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Normal Value Based on Constructed Value

    As noted above, the petitioners demonstrated that the third country 
import AUVs and price quotes for Bosnia were below COP. Accordingly, 
the petitioners based NV on CV.\34\ Pursuant to section 773(e) of the 
Act, the petitioners calculated CV as the sum of the cost of 
manufacturing, selling, general, and administrative expenses, financial 
expenses, and profit.\35\ We recalculated the financial ratios 
submitted by the petitioners but made no other changes to their 
calculation of CV.\36\
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    \34\ See AD Initiation Checklist for Bosnia, Iceland, and 
Malaysia.
    \35\ Id.
    \36\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of silicon metal from Bosnia, Iceland, and 
Malaysia are being, or are likely to be, sold in the United States at 
LTFV. Based on comparisons of EP to NV in accordance with sections 772 
and 773 of the Act, the estimated dumping margins for silicon metal for 
each of the countries covered by this initiation are as follows: (1) 
Bosnia, 21.41 percent; (2) Iceland, 28.12-47.54 percent; and (3) 
Malaysia, 11.49--16.92 percent.\37\
---------------------------------------------------------------------------

    \37\ Id.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating AD investigations to determine 
whether imports of silicon metal from Bosnia, Iceland, and Malaysia are 
being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of this 
initiation.

Respondent Selection

    In the Petitions, the petitioners named five producers/exporters of 
silicon metal in Bosnia, four producers/exporters of silicon metal in 
Iceland, and six producers/exporters of silicon metal in Malaysia.\38\
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    \38\ See Volume I of the Petitions at pages 14-20 and Exhibit I-
9.
---------------------------------------------------------------------------

    Following standard practice in AD investigations involving market 
economy countries, in the event Commerce determines that the number of 
companies is large and that Commerce cannot individually examine each 
company based upon Commerce's resources, where appropriate, Commerce 
intends to select mandatory respondents in Bosnia, Iceland, and 
Malaysia based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports under the appropriate Harmonized Tariff Schedule of the 
United States numbers listed in the ``Scope of the Investigations,'' in 
the appendix.
    For each country, on July 10, 2020, Commerce released CBP data on 
imports of silicon metal to all parties with access to information 
protected by Administrative Protective Order (APO) and indicated that 
interested parties wishing to comment on the CBP data must do so within 
three business days of the publication date of the notice of initiation 
of these investigations.\39\ Commerce will not accept rebuttal comments 
regarding the CBP data or respondent selection.
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    \39\ See country-specific memoranda, ``Release of Customs Data 
from U.S. Customs and Border Protection,'' dated July 10, 2020.
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    Interested parties must submit applications for disclosure under 
APO

[[Page 45180]]

in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://enforcement.trade.gove/apo.

Distribution of Copies of the AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petitions have been 
provided to the governments of Bosnia, Iceland, and Malaysia via 
ACCESS. To the extent practicable, we will attempt to provide a copy of 
the public version of the AD Petitions to each exporter named in the AD 
Petitions, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of silicon metal from Bosnia, Iceland, and 
Malaysia are materially injuring, or threatening material injury to, a 
U.S. industry.\40\ A negative ITC determination for any country will 
result in the investigation being terminated with respect to that 
country.\41\ Otherwise, these AD investigations will proceed according 
to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \40\ See section 733(a) of the Act.
    \41\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \42\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\43\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
---------------------------------------------------------------------------

    \42\ See 19 CFR 351.301(b).
    \43\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of a particular 
market situation (PMS) for CV, stating that ``if a particular market 
situation exists such that the cost of materials and fabrication or 
other processing of any kind does not accurately reflect the cost of 
production in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If 
Commerce finds that a PMS exists under section 773(e) of the Act, then 
it will modify its dumping calculations appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), 
sets a deadline for the submission of PMS allegations and supporting 
factual information. However, in order to administer section 773(e) of 
the Act, Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\44\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\45\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \44\ See section 782(b) of the Act.
    \45\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of these procedures (e.g., the filing 
of letters of appearance as discussed at 19 CFR 351.103(d)). Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\46\
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    \46\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: July 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigations

    The scope of these investigations 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

[[Page 45181]]

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 the HTSUS numbers 
are provided for convenience and customs purposes, the written 
description of the scope remains dispositive.

[FR Doc. 2020-16220 Filed 7-24-20; 8:45 am]
BILLING CODE 3510-DS-P

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