80 FR 57787 - Silicomanganese From Australia: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 186 (September 25, 2015)

The Department of Commerce (``Department'') preliminarily determines that silicomanganese from Australia is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733(b) of the Tariff Act of 1930, as amended (the ``Act''). The period of investigation is January 1, 2014 through December 31, 2014. The estimated weighted-average dumping margins are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57787-57789]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24449]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-808]


Silicomanganese From Australia: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination

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

SUMMARY: The Department of Commerce (``Department'') preliminarily 
determines that silicomanganese from Australia is being, or is likely 
to be, sold in the United States at less than fair value (``LTFV''), as 
provided in section 733(b) of the Tariff Act of 1930, as amended (the 
``Act''). The period of investigation is January 1, 2014 through 
December 31, 2014. The estimated weighted-average dumping margins are 
shown in the ``Preliminary Determination'' section of this notice. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective Date: September 25, 2015.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Robert Bolling, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4162 or (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on March 17, 2015.\1\ Pursuant to section 733(c)(1)(A) of 
the Act, the Department postponed this preliminary LTFV determination 
by a period of 50 days.\2\
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    \1\ See Silicomanganese From Australia: Initiation of Less-Than-
Fair-Value Investigation, 80 FR 13829 (March 17, 2015).
    \2\ See Silicomanganese From Australia: Postponement of 
Preliminary Determination of Antidumping Duty Investigation, 80 FR 
35304 (June 19, 2015).

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[[Page 57788]]

Scope of the Investigation

    The scope of this investigation covers all forms, sizes and 
compositions of silicomanganese, except low-carbon silicomanganese, 
including silicomanganese briquettes, fines, and slag. Silicomanganese 
is properly classifiable under subheading 7202.30.0000 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). Low-carbon 
silicomanganese is excluded from the scope of this investigation. Low-
carbon silicomanganese is classifiable under HTSUS subheading 
7202.30.0000. The HTSUS subheadings are provided for convenience and 
customs purposes. The written description of the scope is dispositive. 
A full description of the scope of the investigation is contained in 
the Preliminary Decision Memorandum. The Preliminary Decision 
Memorandum is a public document and is made available to the public 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, and is available to 
all parties in the Department's Central Records Unit, located at room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum\3\ can be found 
at http://enforcement.trade.gov/frn/. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \3\ See Memorandum to Ronald K. Lorentzen, ``Decision Memorandum 
for the Preliminary Determination in the Antidumping Duty 
Investigation of Silicomanganese from Australia,'' dated 
concurrently with this notice. A list of the topics discussed in the 
Preliminary Decision Memorandum appears in Appendix I, below.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.

All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the 
estimated weighted-average dumping margins established for all 
exporters and producers individually examined are zero, de minimis, or 
determined based entirely under section 776 of the Act, the Department 
may use any reasonable method to establish the estimated dumping margin 
for all other producers or exporters.
    We based our calculation of the ``All Others'' rate on the margin 
calculated for Tasmanian Electro Metallurgical Company Pty Ltd. 
(``TEMCO''), the only mandatory respondent in this investigation.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
Tasmanian Electro Metallurgical Company Pty Ltd.....               11.93
All Others..........................................               11.93
------------------------------------------------------------------------

Disclosure and Public Comment

    We will disclose the calculations performed within five days of any 
public announcement of this notice in accordance with 19 CFR 
351.224(b). Case briefs or other written comments may be submitted to 
the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this proceeding. Rebuttal briefs, limited to issues raised in 
case briefs, may be submitted no later than five days after the 
deadline date for case briefs.\4\ Pursuant to 19 CFR 351.309(c)(2) and 
(d)(2), parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \4\ See 19 CFR 351.309.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a date and 
time to be determined. See 19 CFR 351.310(d). Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    We received a request from the mandatory respondent, TEMCO, that we 
postpone the final determination and extend the application of the 
provisional measures prescribed under section 733(d) of the Act and 19 
CFR 351.210(e)(2), from a four-month period to a six-month period. 
Accordingly, we are postponing our final determination no later than 
135 days after the date of publication of this preliminary 
determination, pursuant to section 735(a)(2) of the Act.\5\ The 
suspension of liquidation described below will be extended 
accordingly.\6\
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    \5\ See 19 CFR 351.210(b)(2) and (e); See also See Letter from 
TEMCO, ``Silicomanganese from Australia: Request for Postponement of 
Final Determination,'' dated September 8, 2015.
    \6\ Id.
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we are directing 
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of 
all entries of silicomanganese from Australia as described in the scope 
of the investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register.
    Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), 
we will instruct CBP to require a cash deposit equal to the weighted-
average amount by which the NV exceeds CEP as

[[Page 57789]]

indicated in the chart above.\7\ These suspension of liquidation 
instructions will remain in effect until further notice.
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    \7\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our preliminary affirmative determination of sales at LTFV. 
Because the preliminary determination in this proceeding is 
affirmative, section 735(b)(2) of the Act requires that the ITC make 
its final determination as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of silicomanganese from Australia before 
the later of 120 days after the date of this preliminary determination 
or 45 days after our final determination. Because we are postponing the 
deadline for our final determination to 135 days from the date of 
publication of this preliminary determination, as discussed above, the 
ITC will make its final determination no later than 45 days after our 
final determination.
    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: September 17, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Period of Investigation
4. Postponement of Preliminary Determination
5. Postponement of Final Determination and Extension of Provisional 
Measures
6. Scope of the Investigation
7. Scope Comments
8. Discussion of Methodology
    Fair Value Comparisons
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
9. Product Comparisons
10. Date of Sale
11. Constructed Export Price
12. Normal Value
    A. Comparison Market Viability
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production (COP)
    a. Calculation of COP
    b. Test of Comparison Market Sales Prices
    c. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Calculation of Normal Value Based on CV
13. Currency Conversion
14. U.S. International Trade Commission Notification
15. Disclosure and Public Comments
16. Verification
17. Conclusion
[FR Doc. 2015-24449 Filed 9-24-15; 8:45 am]
 BILLING CODE 3510-DS-P