Silicon Metal From the People's Republic of China: Continuation of Antidumping Duty Order, 83394-83395 [2023-26237]

Download as PDF 83394 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices On November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal Manufacturing Co., Inc. (the petitioner), requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed 135 days.15 On November 20, 2023, Xinguang Vietnam also requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed 135 days.16 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce’s final determination will be issued no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: November 21, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix I Scope of the Investigation The scope of this investigation covers boltless steel shelving units prepackaged for sale, with or without decks (boltless steel shelving). The term ‘‘prepackaged for sale’’ means that, at a minimum, the steel vertical supports (i.e., uprights and posts) and steel horizontal supports (i.e., beams, braces) 15 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Final Determination,’’ dated November 3, 2023. 16 See Xinguang Vietnam’s Letter, ‘‘Request to Extend Final Results,’’ dated November 20, 2023. VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 necessary to assemble a completed shelving unit (with or without decks) are packaged together for ultimate purchase by the enduser. The scope also includes add-on kits. Add-on kits include, but are not limited to, kits that allow the end-user to add an extension shelving unit onto an existing boltless steel shelving unit such that the extension and the original unit will share common frame elements (e.g., two posts). The term ‘‘boltless’’ refers to steel shelving in which the vertical and horizontal supports forming the frame are assembled primarily without the use of nuts and bolts, or screws. The vertical and horizontal support members for boltless steel shelving are assembled by methods such as, but not limited to, fitting a rivet, punched or cut tab, or other similar connector on one support into a hole, slot or similar receptacle on another support. The supports lock together to form the frame for the shelving unit and provide the structural integrity of the shelving unit separate from the inclusion of any decking. The incidental use of nuts and bolts, or screws to add accessories, wall anchors, tie-bars or shelf supports does not remove the product from scope. Boltless steel shelving units may also come packaged as partially assembled, such as when two upright supports are welded together with front-to-back supports, or are otherwise connected, to form an end unit for the frame. The boltless steel shelving covered by this investigation may be commonly described as rivet shelving, welded frame shelving, slot and tab shelving, and punched rivet (quasi-rivet) shelving as well as by other trade names. The term ‘‘deck’’ refers to the shelf that sits on or fits into the horizontal supports (beams or braces) to provide the horizontal storage surface of the shelving unit. The scope includes all boltless steel shelving meeting the description above, regardless of: (1) vertical support or post type (including but not limited to open post, closed post and tubing); (2) horizontal support or beam/brace profile (including but not limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3) number of supports; (4) surface coating (including but not limited to paint, epoxy, powder coating, zinc and other metallic coating); (5) number of levels; (6) weight capacity; (7) shape (including but not limited to rectangular, square, and corner units); (8) decking material (including but not limited to wire decking, particle board, laminated board or no deck at all); or (9) the boltless method by which vertical and horizontal supports connect (including but not limited to keyhole and rivet, slot and tab, welded frame, punched rivet and clip). Specifically excluded from the scope are: • Wall-mounted shelving, defined as shelving that is hung on the wall and does not stand on, or transfer load to, the floor. The addition of a wall bracket or other device to attach otherwise freestanding subject merchandise to a wall does not meet the terms of this exclusion; • Wire shelving units, which consist of shelves made from wire that incorporates both a wire deck and wire horizontal supports (taking the place of the horizontal beams and braces) into a single piece with PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 tubular collars that slide over the posts and onto plastic sleeves snapped on the posts to create the finished shelving unit; • Bulk-packed parts or components of boltless steel shelving units; and • Made-to-order shelving systems. Subject boltless steel shelving enters the United States through Harmonized Tariff Schedule of the United States (HTSUS) statistical subheading 9403.20.0075. While the HTSUS subheading is provided for convenience and customs purposes, the description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Selection of Respondents VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation [FR Doc. 2023–26231 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–806] Silicon Metal From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on silicon metal from the People’s Republic of China (China) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing this notice of continuation of the AD order. DATES: Applicable November 17, 2023. FOR FURTHER INFORMATION CONTACT: Paul Kebker or Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2254 or (202) 482–5193, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On June 10, 1991, Commerce published in the Federal Register the E:\FR\FM\29NON1.SGM 29NON1 Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices AD order on silicon metal from China.1 On May 1, 2023, the ITC instituted,2 and Commerce initiated,3 the fifth sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its review, Commerce determined that revocation of the Order would likely lead to continuation or recurrence of dumping and therefore, notified the ITC of the magnitude of the margins of dumping likely to prevail should the Order be revoked.4 On November 17, 2023, the ITC published its determination in the Federal Register, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Order would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Order The merchandise covered by the Order is silicon metal containing at least 96.00 percent, but less than 99.99 percent of silicon by weight. Also covered by the Order is silicon metal containing between 89.00 and 96.00 percent silicon by weight but which contains a higher aluminum content than the silicon metal containing at least 96.00 percent but less than 99.99 percent silicon by weight (58 FR 27542, May 10, 1993). Silicon metal is currently provided for under subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule of the United States (HTSUS) as a chemical product, but is commonly referred to as a metal. Semiconductorgrade silicon (silicon metal containing by weight not less than 99.99 percent of silicon and provided for in subheading 2804.61.00 of the HTSUS) is not subject to this Order. Although the HTSUS numbers are provided for convenience and customs purposes, the written description remains dispositive. ddrumheller on DSK120RN23PROD with NOTICES1 Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to 1 See Antidumping Duty Order: Silicon Metal from the People’s Republic of China, 56 FR 26649 (June 10, 1991) (Order). 2 See Silicon Metal from China; Institution of a Five-Year Review, 88 FR 26595 (May 1, 2023). 3 See Initiation of Five-Year (Sunset) Reviews, 88 FR 26522 (May 1, 2023). 4 See Silicon Metal from the People’s Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order, 88 FR 63933 (September 18, 2023), and accompanying Issues and Decision Memorandum. 5 See Silicon Metal From China; Determination, 88 FR 80335 (November 17, 2023) (ITC Final Determination). VerDate Sep<11>2014 17:26 Nov 28, 2023 Jkt 262001 continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order is November 17, 2023.6 Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year review of the Order not later than 30 days prior to the fifth anniversary of the date of the last determination by the ITC to continue the Order. Administrative Protective Order (APO) This notice serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This five-year sunset review is in accordance with sections 751(c) and 751(d)(2) of the Act and this notice is published pursuant to section 777(i) of the Act, and 19 CFR 351.218(f)(4). Dated: November 22, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–26237 Filed 11–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–914] Boltless Steel Shelving Units Prepackaged for Sale From India: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily AGENCY: 6 See PO 00000 ITC Final Determination. Frm 00018 Fmt 4703 Sfmt 4703 83395 determines that boltless steel shelving units prepackaged for sale (boltless steel shelving) from India are not being, or not likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES: Applicable November 29, 2023. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4261. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on May 19, 2023.1 On September 14, 2023, Commerce postponed the preliminary determination of this investigation and the revised deadline is now November 21, 2023.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. 1 See Boltless Steel Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigation, 88 FR 32188 (May 19, 2023) (Initiation Notice). 2 See Boltless Steel Shelving Units Prepackaged for Sales from India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in Less-than-Fair-Value Investigations, 88 FR 63063 (September 14, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Negative Determination in the LessThan-Fair-Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83394-83395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26237]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China: Continuation 
of Antidumping Duty Order

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

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

DATES: Applicable November 17, 2023.

FOR FURTHER INFORMATION CONTACT: Paul Kebker or Howard Smith, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2254 or (202) 482-5193, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 10, 1991, Commerce published in the Federal Register the

[[Page 83395]]

AD order on silicon metal from China.\1\ On May 1, 2023, the ITC 
instituted,\2\ and Commerce initiated,\3\ the fifth sunset review of 
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). As a result of its review, Commerce determined that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping and therefore, notified the ITC of the magnitude of the 
margins of dumping likely to prevail should the Order be revoked.\4\
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    \1\ See Antidumping Duty Order: Silicon Metal from the People's 
Republic of China, 56 FR 26649 (June 10, 1991) (Order).
    \2\ See Silicon Metal from China; Institution of a Five-Year 
Review, 88 FR 26595 (May 1, 2023).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 26522 
(May 1, 2023).
    \4\ See Silicon Metal from the People's Republic of China: Final 
Results of the Expedited Fifth Sunset Review of the Antidumping Duty 
Order, 88 FR 63933 (September 18, 2023), and accompanying Issues and 
Decision Memorandum.
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    On November 17, 2023, the ITC published its determination in the 
Federal Register, pursuant to sections 751(c) and 752(a) of the Act, 
that revocation of the Order would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\5\
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    \5\ See Silicon Metal From China; Determination, 88 FR 80335 
(November 17, 2023) (ITC Final Determination).
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Scope of the Order

    The merchandise covered by the Order is silicon metal containing at 
least 96.00 percent, but less than 99.99 percent of silicon by weight. 
Also covered by the Order is silicon metal containing between 89.00 and 
96.00 percent silicon by weight but which contains a higher aluminum 
content than the silicon metal containing at least 96.00 percent but 
less than 99.99 percent silicon by weight (58 FR 27542, May 10, 1993). 
Silicon metal is currently provided for under subheadings 2804.69.10 
and 2804.69.50 of the Harmonized Tariff Schedule of the United States 
(HTSUS) as a chemical product, but is commonly referred to as a metal. 
Semiconductor-grade silicon (silicon metal containing by weight not 
less than 99.99 percent of silicon and provided for in subheading 
2804.61.00 of the HTSUS) is not subject to this Order. Although the 
HTSUS numbers are provided for convenience and customs purposes, the 
written description remains dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping and material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order. U.S. Customs and 
Border Protection will continue to collect AD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the Order is November 17, 
2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Order not later than 30 days prior to the fifth anniversary of 
the date of the last determination by the ITC to continue the Order.
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    \6\ See ITC Final Determination.
---------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice serves as a final reminder to parties subject to an APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    This five-year sunset review is in accordance with sections 751(c) 
and 751(d)(2) of the Act and this notice is published pursuant to 
section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: November 22, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26237 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P

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