Silicon Metal From Bosnia and Herzegovina and Iceland: Antidumping Duty Orders, 20364-20365 [2021-08112]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Pages 20364-20365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08112]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-893-001; A-400-001]


Silicon Metal From Bosnia and Herzegovina and Iceland: 
Antidumping Duty Orders

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 antidumping duty orders on silicon metal from 
Bosnia and Herzegovina (Bosnia) and Iceland.

DATES: Applicable April 19, 2021.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer (Bosnia) and Emily 
Halle (Iceland), 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) 482-3860 and (202) 482-0176, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(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 determinations in the 
less-than-fair-value (LTFV) investigations of silicon metal from Bosnia 
and Iceland.\1\ On April 12, 2021, the ITC notified Commerce of its 
final affirmative determinations that an industry in the United States 
is materially injured within the meaning of section 735(b)(1)(A)(i) of 
the Act by reason of LTFV imports of silicon metal from Bosnia and 
Iceland.\2\
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    \1\ See Silicon Metal from Bosnia and Herzegovina and Iceland: 
Final Affirmative Determinations of Sales at Less Than Fair Value 
and Final Affirmative Determination of Critical Circumstances for 
Iceland, 86 FR 11720 (February 26, 2021).
    \2\ See ITC's Letter, ITC Notification, dated April 12, 2021 
(ITC Letter).
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Scope of the Orders

    The products covered by these orders are silicon metal. For a 
complete description of the scope of the orders, see the appendix to 
this notice.

Antidumping Duty Orders

    On April 12, 2021, in accordance with sections 735(b)(1)(A)(i) and 
735(d) of the Act, the ITC notified Commerce of its final 
determinations that an industry in the United States is materially 
injured by reason of imports of silicon metal from Bosnia and Iceland. 
Therefore, in accordance with sections 735(c)(2) and 736 of the Act, 
Commerce is issuing these antidumping duty orders. Because the ITC 
determined that imports of silicon metal from Bosnia and Iceland are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Bosnia and Iceland, which are entered or withdrawn 
from warehouse for consumption, are subject to the assessment of 
antidumping duties.
    Therefore, in accordance with section 736(b)(1) of the Act, 
Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of silicon metal from Bosnia and Iceland. Antidumping 
duties will be assessed on unliquidated entries of silicon metal from 
Bosnia and Iceland which are entered, or withdrawn from warehouse, for 
consumption on or after December 11, 2020, the date of publication of 
the Preliminary Determinations.\3\
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    \3\ See Silicon Metal from Bosnia and Herzegovina and Iceland: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 85 FR 80009 (December 11, 2020) (Preliminary Determinations).
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Continuation of Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce will instruct 
CBP to continue to suspend liquidation on all relevant entries of 
silicon metal from Bosnia and Iceland as described in the appendix to 
this notice which are entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determinations in the Federal Register. These instructions 
suspending liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits for estimated 
antidumping duties equal to the rates listed below. Accordingly, 
effective on the date of publication in the Federal Register of the 
ITC's final affirmative injury determinations, CBP will require, at the 
same time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the cash deposit rates 
listed below.\4\ The relevant all-others rate applies to all producers 
or exporters not specifically listed, as appropriate.
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    \4\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins

    The dumping margins for each antidumping duty order are as follows:

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                                                                Dumping
                    Exporter or producer                        margin
                                                               (percent)
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                         Bosnia and Herzegovina
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R-S Silicon D.O.O...........................................       21.41
All Others..................................................       21.41
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                                 Iceland
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PCC Bakki Silicon hf........................................       47.54
All Others..................................................       37.83
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Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of silicon metal from Iceland, we will 
instruct CBP to lift suspension and to refund any cash deposits made

[[Page 20365]]

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 four-month period to no more than six-months. 
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.

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 https://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).

    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