Silicon Metal From the Republic of Kazakhstan: Countervailing Duty Order, 20365-20366 [2021-08111]

Download as PDF Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices to secure the payment of estimated antidumping duties with respect to entries of the subject merchandise entered or withdrawn from warehouse, for consumption on or after September 12, 2020 (i.e., 90 days prior to the date of the publication of the Preliminary Determinations), but before December 11, 2020 (i.e., the date of publication of the Preliminary Determinations). Provisional Measures Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request Commerce extended the fourmonth period to no more than sixmonths. Commerce published the Preliminary Determinations on December 11, 2020. Commerce’s Final Determinations were not extended and were published on February 26, 2021. Therefore, the four-month period beginning on the date of publication of the Preliminary Determinations ended on April 9, 2021. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of silicon metal from Bosnia and Iceland entered, or withdrawn from warehouse, for consumption after April 9, 2021, the date on which the provisional measures expired, until and through the day preceding the date of publication of the ITC’s final injury determinations in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final determinations in the Federal Register. jbell on DSKJLSW7X2PROD with NOTICES Notifications to Interested Parties This notice constitutes the antidumping duty orders with respect to silicon metal from Bosnia and Iceland pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/ stats/iastats1.html. These orders are published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 Dated: April 14, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix—Scope of the Orders The scope of these orders covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of these orders. 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. 2021–08112 Filed 4–16–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–834–811] Silicon Metal From the Republic of Kazakhstan: Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order on silicon metal from the Republic of Kazakhstan (Kazakhstan). DATES: Applicable April 19, 2021. FOR FURTHER INFORMATION CONTACT: Justin Neuman, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0486. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with sections 705(a), 705(d), and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on February 26, 2021, Commerce published its affirmative final determination that countervailable subsidies are being provided to producers and exporters of silicon metal from Kazakhstan.1 On April 12, 2021, 1 See Silicon Metal from the Republic of Kazakhstan: Final Affirmative Countervailing Duty PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 20365 the ITC notified Commerce of its affirmative final determination that pursuant to sections 705(b)(1)(A)(i) and 705(d) of the Act, an industry in the United States is materially injured by reason of subsidized imports of silicon metal from Kazakhstan.2 Scope of the Order The product covered by this order is silicon metal from Kazakhstan. For a complete description of the scope of the order, see the Appendix to this notice. Countervailing Duty Order On April 12, 2021, in accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured by reason of subsidized imports of silicon metal from Kazakhstan.3 Therefore, in accordance with section 705(c)(2) of the Act, Commerce is issuing this countervailing duty order. Because the ITC determined that imports of silicon metal from Kazakhstan are materially injuring a U.S. industry, unliquidated entries of such merchandise from Kazakhstan, which are entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties. Therefore, in accordance with section 706(a) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties for all relevant entries of silicon metal from Kazakhstan. Countervailing duties will be assessed on unliquidated entries of silicon metal from Kazakhstan which are entered, or withdrawn from warehouse, for consumption on or after December 3, 2020, the date of publication of the Preliminary Determination,4 but will not include entries occurring after the expiration of the provisional measures period and before the publication of the ITC’s final injury determination under section 705(b) of the Act, as further described below. Determination, 86 FR 11725 (February 26, 2021) (Final Determination) and accompanying Issues and Decision Memorandum. 2 See ITC’s Letter, ITC Notification, dated April 12, 2021 (ITC Notification Letter). 3 Id. 4 See Silicon Metal from the Republic of Kazakhstan: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 85 FR 78122 (December 3, 2020) (Preliminary Determination). E:\FR\FM\19APN1.SGM 19APN1 20366 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices Suspension of Liquidation and Cash Deposits In accordance with section 706 of the Act, Commerce will instruct CBP to reinstitute the suspension of liquidation of silicon metal from Kazakhstan, as described in the appendix to this notice, effective on the date of publication of the ITC’s notice of final determination in the Federal Register, and to assess, upon further instruction by Commerce, pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates below. On or after the date of publication of the ITC’s final injury determinations in the Federal Register, CBP must require, at the same time as importers would deposit estimated normal customs duties on this merchandise, a cash deposit equal to the rates noted below. The all-others rate applies to all producers or exporters not specifically listed below. Subsidy rate (percent) Company Tau-Ken Temir LLP and JSC NMC Tau-Ken Samruk 5 ........... All Others ...................................... 160.00 160.00 jbell on DSKJLSW7X2PROD with NOTICES Provisional Measures Section 703(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months. In the underlying investigation, Commerce published the Preliminary Determination on December 3, 2020. Therefore, the four-month period beginning on the date of the publication of the Preliminary Determination ended on April 1, 2021. Furthermore, section 707(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 703(d) of the Act, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of silicon metal from Kazakhstan entered, or withdrawn from warehouse, for consumption, on or after April 2, 2021, the date the provisional measures expired, until and through the day preceding the date of publication of the ITC’s final injury determination in the 5 As discussed in the Issues and Decision Memorandum, Commerce has found the following companies to be cross-owned with Tau-Ken Temir LLP and JSC NMC Tau-Ken Samruk: Silicon Metal LLP, Metallurgical Combine KazSilicon LLP, National Welfare Fund ‘‘Samruk-Kazyna’’ JSC, ‘‘Ekibastuz GRES–2 station’’ JSC, and JSC KEGOC. VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final determination in the Federal Register. Notification to Interested Parties This notice constitutes the countervailing duty order with respect to silicon metal from Kazakhstan pursuant to section 706(a) of the Act. Interested parties can find a list of countervailing duty orders currently in effect at http://enforcement.trade.gov/ stats/iastats1.html. This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB. To ensure consideration, comments regarding this proposed information collection must be received on or before June 18, 2021. DATES: Dated: April 14, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Interested persons are invited to submit written comments by mail to Maureen O’Reilly, Management Analyst, NIST, by email to PRAcomments@doc.gov. Please reference OMB Control Number 0693– 0080 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. Appendix FOR FURTHER INFORMATION CONTACT: Scope of the Order The scope of this order covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of this order. 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. Requests for additional information or specific questions related to collection activities should be directed to Jeni Kostick, Office of Safety, Health, and Environment, NIST, 100 Bureau Drive, Gaithersburg, MD 20899, (301) 975– 3263 or jennifer.kostick@nist.gov. [FR Doc. 2021–08111 Filed 4–16–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Safety and Health Information Collection National Institute of Standards and Technology (NIST), Commerce. ACTION: Notice of Information Collection, request for comment. AGENCY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 ADDRESSES: SUPPLEMENTARY INFORMATION: I. Abstract The National Institute of Standards and Technology (NIST) is a unique federal campus which hosts daily a range of non-federal individuals. Nonfederal individuals may include NIST Associates, volunteers, students, and visitors. In order to provide these individuals with proper health care and health documentation, NIST is pursuing approval of three health unit forms. The information is collected for the following purposes: 1. For medical treatment, testing, or recording of medical or safety equipment or incidents. 2. To refer information required by applicable law to be disclosed to a Federal, State, or local public health service agency, concerning individuals who have contracted certain communicable diseases or conditions. Such information is used to prevent further outbreak of the disease or condition. 3. To disclose information to the appropriate Federal, State, or local agencies responsible for investigation of an accident, disease, medical condition, or injury as required by pertinent legal authority. 4. To disclose to the Office of Workers’ Compensation Programs about a claim for benefits filed. E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Pages 20365-20366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08111]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-834-811]


Silicon Metal From the Republic of Kazakhstan: Countervailing 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing a countervailing duty order on silicon metal from 
the Republic of Kazakhstan (Kazakhstan).

DATES: Applicable April 19, 2021.

FOR FURTHER INFORMATION CONTACT: Justin Neuman, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0486.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 705(a), 705(d), and 777(i)(1) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on 
February 26, 2021, Commerce published its affirmative final 
determination that countervailable subsidies are being provided to 
producers and exporters of silicon metal from Kazakhstan.\1\ On April 
12, 2021, the ITC notified Commerce of its affirmative final 
determination that pursuant to sections 705(b)(1)(A)(i) and 705(d) of 
the Act, an industry in the United States is materially injured by 
reason of subsidized imports of silicon metal from Kazakhstan.\2\
---------------------------------------------------------------------------

    \1\ See Silicon Metal from the Republic of Kazakhstan: Final 
Affirmative Countervailing Duty Determination, 86 FR 11725 (February 
26, 2021) (Final Determination) and accompanying Issues and Decision 
Memorandum.
    \2\ See ITC's Letter, ITC Notification, dated April 12, 2021 
(ITC Notification Letter).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this order is silicon metal from Kazakhstan. 
For a complete description of the scope of the order, see the Appendix 
to this notice.

Countervailing Duty Order

    On April 12, 2021, in accordance with sections 705(b)(1)(A)(i) and 
705(d) of the Act, the ITC notified Commerce of its final determination 
that an industry in the United States is materially injured by reason 
of subsidized imports of silicon metal from Kazakhstan.\3\ Therefore, 
in accordance with section 705(c)(2) of the Act, Commerce is issuing 
this countervailing duty order. Because the ITC determined that imports 
of silicon metal from Kazakhstan are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from Kazakhstan, 
which are entered or withdrawn from warehouse for consumption, are 
subject to the assessment of countervailing duties.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

    Therefore, in accordance with section 706(a) of the Act, Commerce 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, countervailing duties for all relevant 
entries of silicon metal from Kazakhstan. Countervailing duties will be 
assessed on unliquidated entries of silicon metal from Kazakhstan which 
are entered, or withdrawn from warehouse, for consumption on or after 
December 3, 2020, the date of publication of the Preliminary 
Determination,\4\ but will not include entries occurring after the 
expiration of the provisional measures period and before the 
publication of the ITC's final injury determination under section 
705(b) of the Act, as further described below.
---------------------------------------------------------------------------

    \4\ See Silicon Metal from the Republic of Kazakhstan: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 85 FR 78122 (December 3, 2020) (Preliminary 
Determination).

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[[Page 20366]]

Suspension of Liquidation and Cash Deposits

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of silicon metal from 
Kazakhstan, as described in the appendix to this notice, effective on 
the date of publication of the ITC's notice of final determination in 
the Federal Register, and to assess, upon further instruction by 
Commerce, pursuant to section 706(a)(1) of the Act, countervailing 
duties for each entry of the subject merchandise in an amount based on 
the net countervailable subsidy rates below. On or after the date of 
publication of the ITC's final injury determinations in the Federal 
Register, CBP must require, at the same time as importers would deposit 
estimated normal customs duties on this merchandise, a cash deposit 
equal to the rates noted below. The all-others rate applies to all 
producers or exporters not specifically listed below.
---------------------------------------------------------------------------

    \5\ As discussed in the Issues and Decision Memorandum, Commerce 
has found the following companies to be cross-owned with Tau-Ken 
Temir LLP and JSC NMC Tau-Ken Samruk: Silicon Metal LLP, 
Metallurgical Combine KazSilicon LLP, National Welfare Fund 
``Samruk-Kazyna'' JSC, ``Ekibastuz GRES-2 station'' JSC, and JSC 
KEGOC.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
                                                               (percent)
------------------------------------------------------------------------
Tau-Ken Temir LLP and JSC NMC Tau-Ken Samruk \5\.............     160.00
All Others...................................................     160.00
------------------------------------------------------------------------

Provisional Measures

    Section 703(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. In the underlying investigation, 
Commerce published the Preliminary Determination on December 3, 2020. 
Therefore, the four-month period beginning on the date of the 
publication of the Preliminary Determination ended on April 1, 2021. 
Furthermore, section 707(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
    Therefore, in accordance with section 703(d) of the Act, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of silicon metal from Kazakhstan entered, or withdrawn from 
warehouse, for consumption, on or after April 2, 2021, the date the 
provisional measures expired, until and through the day preceding the 
date of publication of the ITC's final injury determination in the 
Federal Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Notification to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to silicon metal from Kazakhstan pursuant to section 706(a) of the Act. 
Interested parties can find a list of countervailing duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This order is issued and published in accordance with 
section 706(a) of the Act and 19 CFR 351.211(b).

    Dated: April 14, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The scope of this order covers all forms and sizes of silicon 
metal, including silicon metal powder. Silicon metal contains at 
least 85.00 percent but less than 99.99 percent silicon, and less 
than 4.00 percent iron, by actual weight. Semiconductor grade 
silicon (merchandise containing at least 99.99 percent silicon by 
actual weight and classifiable under Harmonized Tariff Schedule of 
the United States (HTSUS) subheading 2804.61.0000) is excluded from 
the scope of this order.
    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. 2021-08111 Filed 4-16-21; 8:45 am]
BILLING CODE 3510-DS-P