81 FR 13326 - Silicon Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 49 (March 14, 2016)
International Trade Administration
Federal Register Volume 81, Issue 49 (March 14, 2016)
| Page Range | 13326-13327 | |
| FR Document | 2016-05688 |
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)] [Notices] [Pages 13326-13327] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05688] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-806] Silicon Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce DATES: Effective Date: March 14, 2016. SUMMARY: The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on silicon metal from the People's Republic of China (``PRC'') for the period of review (``POR'') June 1, 2014, through May 31, 2015. This review covers two PRC companies. The Department preliminarily determines that both of the companies under review, Shanghai Jinneng and Shanghai Jinfeng, are part of the PRC-wide entity. Interested parties are invited to comment on these preliminary results. FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3147. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this administrative review on August 3, 2015.\1\ The Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government because of Snowstorm ``Jonas''. Thus, all of the deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary results of review is now March 7, 2016.\2\ For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum \3\ that is dated concurrently with, and hereby adopted by, 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 http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Results Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 45947 (August 03, 2015) (``Initiation Notice''). The companies under review are: Shanghai Jinneng International Trade Co. Ltd. (``Shanghai Jinneng'') and Shanghai Jinfeng Hardware Plastics Co. Ltd. (``Shanghai Jinfeng''). \2\ See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines as a Result of the Government Closure during Snowstorm Jonas,'' dated January 27, 2016. \3\ See Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Silicon Metal from the People's Republic of China; 2014-2015 (``Preliminary Decision Memorandum''), from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this review is silicon metal containing at least 96.00 percent, but less than 99.99 percent of silicon by weight. Also covered by this review 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 (``HTS'') 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 HTS) is not subject to this order. Although the HTS numbers are provided for convenience and customs purposes, the written description remains dispositive. [[Page 13327]] Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review The Department preliminarily determines that Shanghai Jinneng and Shanghai Jinfeng are part of the PRC-wide entity. No review has been requested for the PRC-wide entity. The PRC-wide rate is 139.49 percent. Public Comment Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments, filed electronically using ACCESS, within 30 days of the date of publication of this notice, pursuant to 19 CFR 351.309(c)(1)(ii).\4\ Rebuttal briefs, limited to issues raised in the case briefs, will be due five days after the due date for case briefs, pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a summary of the argument not to exceed five pages, and a table of statutes, regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2). --------------------------------------------------------------------------- \4\ See also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- 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, U.S. Department of Commerce, filed electronically using ACCESS. Electronically filed case briefs/ written comments and hearing requests must be received successfully in their entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days after the date of publication of this notice.\5\ Hearing requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those issues raised in the respective case briefs. If a request for a hearing is made, parties will be notified of the time and date of the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230. The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- \5\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Assessment Rates Upon issuance of the final results, the Department will determine, and U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries covered by this review.\6\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. The Department intends to instruct CBP to liquidate entries of subject merchandise from Shanghai Jinneng and Shanghai Jinfeng, at 139.49 percent (the PRC-wide rate). For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- \6\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters which are not under review in this segment of the proceeding but which have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Shanghai Jinneng and Shanghai Jinfeng, the cash deposit rate will be the PRC-wide entity rate of 139.49 percent; and (3) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: March 7, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Sections in the Preliminary Decision Memorandum Summary Background Scope of the Order Discussion of the Methodology Non-Market Economy Country Status PRC-Wide Entity Recommendation [FR Doc. 2016-05688 Filed 3-11-16; 8:45 am] BILLING CODE 3510-DS-P
![13326 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices
or slit, etc.) provided that it maintains the 7220.90.0015, 7220.90.0060, and results of review is now March 7, 2016.2
specific dimensions of sheet and strip set 7220.90.0080. Although the HTSUS For a complete description of the events
forth above following such processing. The subheadings are provided for convenience that followed the initiation of this
products described include products and customs purposes, the written
regardless of shape, and include products of description of the scope of this proceeding is administrative review, see the
either rectangular or non-rectangular cross- dispositive. Preliminary Decision Memorandum 3
section where such cross-section is achieved [FR Doc. 2016–05469 Filed 3–11–16; 8:45 am]
that is dated concurrently with, and
subsequent to the rolling process, i.e., hereby adopted by, this notice. The
BILLING CODE 3510–DS–P
products which have been ‘‘worked after Preliminary Decision Memorandum is a
rolling’’ (e.g., products which have been public document and is on file
beveled or rounded at the edges).
For purposes of the width and thickness DEPARTMENT OF COMMERCE electronically via Enforcement and
requirements referenced above: (1) Where the Compliance’s Antidumping and
nominal and actual measurements vary, a International Trade Administration Countervailing Duty Centralized
product is within the scope if application of Electronic Service System (‘‘ACCESS’’).
either the nominal or actual measurement [A–570–806] ACCESS is available to registered users
would place it within the scope based on the at http://access.trade.gov and in the
definitions set forth above; and (2) where the Silicon Metal From the People’s
width and thickness vary for a specific
Central Records Unit, room B8024 of the
Republic of China: Preliminary Results main Department of Commerce
product (e.g., the thickness of certain of Antidumping Duty Administrative
products with non-rectangular cross-section, building. In addition, a complete
the width of certain products with non- Review; 2014–2015 version of the Preliminary Results
rectangular shape, etc.), the measurement at AGENCY: Enforcement and Compliance, Decision Memorandum can be accessed
its greatest width or thickness applies. directly on the Internet at http://
International Trade Administration,
All products that meet the written physical enforcement.trade.gov/frn/index.html.
description, and in which the chemistry Department of Commerce
quantities do not exceed any one of the noted DATES: Effective Date: March 14, 2016. The signed and the electronic versions
element levels listed above, are within the SUMMARY: The Department of Commerce of the Preliminary Decision
scope of this investigation unless specifically (‘‘Department’’) is conducting an Memorandum are identical in content.
excluded. administrative review of the
Subject merchandise includes stainless Scope of the Order
antidumping duty order on silicon
steel sheet and strip that has been further
metal from the People’s Republic of The merchandise covered by this
processed in a third country, including but
not limited to cold-rolling, annealing, China (‘‘PRC’’) for the period of review review is silicon metal containing at
tempering, polishing, aluminizing, coating, (‘‘POR’’) June 1, 2014, through May 31, least 96.00 percent, but less than 99.99
painting, varnishing, trimming, cutting, 2015. This review covers two PRC percent of silicon by weight. Also
punching, and/or slitting, or any other companies. The Department covered by this review is silicon metal
processing that would not otherwise remove preliminarily determines that both of containing between 89.00 and 96.00
the merchandise from the scope of the the companies under review, Shanghai percent silicon by weight but which
investigation if performed in the country of Jinneng and Shanghai Jinfeng, are part
manufacture of the stainless steel sheet and
contains a higher aluminum content
of the PRC-wide entity. Interested than the silicon metal containing at least
strip.
parties are invited to comment on these 96.00 percent but less than 99.99
Excluded from the scope of this
investigation are the following: (1) Sheet and preliminary results. percent silicon by weight (58 FR 27542,
strip that is not annealed or otherwise heat FOR FURTHER INFORMATION CONTACT: May 10, 1993). Silicon metal is
treated and not pickled or otherwise Aleksandras Nakutis, AD/CVD currently provided for under
descaled; (2) plate (i.e., flat-rolled stainless Operations, Office IV, Enforcement & subheadings 2804.69.10 and 2804.69.50
steel products of a thickness of 4.75 mm or Compliance, International Trade
more); and (3) flat wire (i.e., cold-rolled
of the Harmonized Tariff Schedule
Administration, U.S. Department of (‘‘HTS’’) as a chemical product, but is
sections, with a mill edge, rectangular in
Commerce, 14th Street and Constitution commonly referred to as a metal.
shape, of a width of not more than 9.5 mm).
The products under investigation are Avenue NW., Washington, DC 20230; Semiconductor-grade silicon (silicon
currently classifiable under Harmonized telephone: (202) 482–3147. metal containing by weight not less than
Tariff Schedule of the United States (HTSUS) SUPPLEMENTARY INFORMATION: 99.99 percent of silicon and provided
subheadings 7219.13.0031, 7219.13.0051, for in subheading 2804.61.00 of the
7219.13.0071, 7219.13.0081, 7219.14.0030, Background
7219.14.0065, 7219.14.0090, 7219.23.0030,
HTS) is not subject to this order.
The Department published the notice Although the HTS numbers are
7219.23.0060, 7219.24.0030, 7219.24.0060, of initiation of this administrative
7219.32.0005, 7219.32.0020, 7219.32.0025, provided for convenience and customs
review on August 3, 2015.1 The
7219.32.0035, 7219.32.0036, 7219.32.0038, purposes, the written description
7219.32.0042, 7219.32.0044, 7219.32.0045, Department has exercised its discretion
remains dispositive.
7219.32.0060, 7219.33.0005, 7219.33.0020, to toll all administrative deadlines due
7219.33.0025, 7219.33.0035, 7219.33.0036, to the recent closure of the Federal 2 See Memorandum to the Record from Ron
7219.33.0038, 7219.33.0042, 7219.33.0044, Government because of Snowstorm Lorentzen, Acting Assistant Secretary for
7219.33.0045, 7219.33.0070, 7219.33.0080, ‘‘Jonas’’. Thus, all of the deadlines in Enforcement & Compliance, regarding ‘‘Tolling of
7219.34.0005, 7219.34.0020, 7219.34.0025, this segment of the proceeding have Administrative Deadlines as a Result of the
7219.34.0030, 7219.34.0035, 7219.34.0050, been extended by four business days. Government Closure during Snowstorm Jonas,’’
7219.35.0005, 7219.35.0015, 7219.35.0030, dated January 27, 2016.
jstallworth on DSK7TPTVN1PROD with NOTICES
The revised deadline for the preliminary 3 See Decision Memorandum for Preliminary
7219.35.0035, 7219.35.0050, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060, Results of Antidumping Duty Administrative
1 See Initiation of Antidumping and Review: Silicon Metal from the People’s Republic of
7219.90.0080, 7220.12.1000, 7220.12.5000,
Countervailing Duty Administrative Reviews, 80 FR China; 2014–2015 (‘‘Preliminary Decision
7220.20.1010, 7220.20.1015, 7220.20.1060, 45947 (August 03, 2015) (‘‘Initiation Notice’’). The Memorandum’’), from Christian Marsh, Deputy
7220.20.1080, 7220.20.6005, 7220.20.6010, companies under review are: Shanghai Jinneng Assistant Secretary for Antidumping and
7220.20.6015, 7220.20.6060, 7220.20.6080, International Trade Co. Ltd. (‘‘Shanghai Jinneng’’) Countervailing Duty Operations to Paul Piquado,
7220.20.7005, 7220.20.7010, 7220.20.7015, and Shanghai Jinfeng Hardware Plastics Co. Ltd. Assistant Secretary for Enforcement and
7220.20.7060, 7220.20.7080, 7220.90.0010, (‘‘Shanghai Jinfeng’’). Compliance.
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![Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices 13327
Methodology results of its analysis of the issues raised review period. Failure to comply with
The Department is conducting this in any written briefs, not later than 120 this requirement could result in the
review in accordance with section days after the date of publication of this Department’s presumption that
751(a)(1)(B) of the Tariff Act of 1930, as notice, pursuant to section 751(a)(3)(A) reimbursement of antidumping duties
amended (‘‘the Act’’). For a full of the Act. occurred and the subsequent assessment
description of the methodology Assessment Rates of double antidumping duties.
underlying our conclusions, see the We are issuing and publishing these
Upon issuance of the final results, the results in accordance with sections
Preliminary Decision Memorandum.
Department will determine, and U.S. 751(a)(1) and 777(i)(1) of the Act and 19
Preliminary Results of Review Customs and Border Protection (‘‘CBP’’) CFR 351.213.
The Department preliminarily shall assess, antidumping duties on all
appropriate entries covered by this Dated: March 7, 2016.
determines that Shanghai Jinneng and
review.6 The Department intends to Paul Piquado,
Shanghai Jinfeng are part of the PRC-
wide entity. No review has been issue assessment instructions to CBP 15 Assistant Secretary for Enforcement and
days after the publication date of the Compliance.
requested for the PRC-wide entity. The
PRC-wide rate is 139.49 percent. final results of this review. The Appendix
Department intends to instruct CBP to
Public Comment liquidate entries of subject merchandise List of Sections in the Preliminary Decision
from Shanghai Jinneng and Shanghai Memorandum
Interested parties are invited to
comment on the preliminary results and Jinfeng, at 139.49 percent (the PRC-wide Summary
may submit case briefs and/or written rate). For a full discussion of this Background
practice, see Non-Market Economy Scope of the Order
comments, filed electronically using
Discussion of the Methodology
ACCESS, within 30 days of the date of Antidumping Proceedings: Assessment
Non-Market Economy Country Status
publication of this notice, pursuant to of Antidumping Duties, 76 FR 65694 PRC-Wide Entity
19 CFR 351.309(c)(1)(ii).4 Rebuttal (October 24, 2011). Recommendation
briefs, limited to issues raised in the Cash Deposit Requirements [FR Doc. 2016–05688 Filed 3–11–16; 8:45 am]
case briefs, will be due five days after
the due date for case briefs, pursuant to The following cash deposit BILLING CODE 3510–DS–P
19 CFR 351.309(d). Parties who submit requirements will be effective upon
case or rebuttal briefs in this proceeding publication of the final results of this
administrative review for all shipments DEPARTMENT OF COMMERCE
are requested to submit with each
argument a statement of the issue, a of the subject merchandise entered, or International Trade Administration
summary of the argument not to exceed withdrawn from warehouse, for
five pages, and a table of statutes, consumption on or after the publication
date of the final results of review, as [A–533–861]
regulations, and cases cited, in
accordance with 19 CFR 351.309(c)(2). provided by section 751(a)(2)(C) of the
Certain Polyethylene Terephthalate
Pursuant to 19 CFR 351.310(c), Act: (1) For previously investigated or
Resin From India: Final Determination
interested parties, who wish to request reviewed PRC and non-PRC exporters
of Sales at Less Than Fair Value and
a hearing must submit a written request which are not under review in this
Final Affirmative Determination of
to the Assistant Secretary for segment of the proceeding but which
Critical Circumstances
Enforcement and Compliance, U.S. have separate rates, the cash deposit rate
Department of Commerce, filed will continue to be the exporter-specific AGENCY: Enforcement and Compliance,
electronically using ACCESS. rate published for the most recent International Trade Administration,
Electronically filed case briefs/written period; (2) for all PRC exporters of Department of Commerce.
comments and hearing requests must be subject merchandise that have not been
SUMMARY: The Department of Commerce
received successfully in their entirety by found to be entitled to a separate rate,
(the Department) determines that
the Department’s electronic records including Shanghai Jinneng and
imports of certain polyethylene
system, ACCESS, by 5:00 p.m. Eastern Shanghai Jinfeng, the cash deposit rate
terephthalate resin (PET resin) from
Standard Time, within 30 days after the will be the PRC-wide entity rate of
India are being sold in the United States
date of publication of this notice.5 139.49 percent; and (3) for all non-PRC
at less than fair value (LTFV), as
Hearing requests should contain: (1) The exporters of subject merchandise which
provided in section 735 of the Tariff Act
party’s name, address and telephone have not received their own rate, the
of 1930, as amended (the Act). The final
number; (2) the number of participants; cash deposit rate will be the rate
weighted-average dumping margins of
and (3) a list of issues to be discussed. applicable to the PRC exporter(s) that
sales at LTFV are listed below in the
Issues raised in the hearing will be supplied that non-PRC exporter. These
section entitled ‘‘Final Determination
limited to those issues raised in the deposit requirements, when imposed,
Margins.’’
respective case briefs. If a request for a shall remain in effect until further
hearing is made, parties will be notified notice. DATES: Effective Date: March 14, 2016.
of the time and date of the hearing Notification to Importers FOR FURTHER INFORMATION CONTACT: Fred
which will be held at the U.S. Baker or Robert James, AD/CVD
Department of Commerce, 1401 This notice also serves as a
preliminary reminder to importers of Operations, Office IV, Enforcement and
jstallworth on DSK7TPTVN1PROD with NOTICES
Constitution Avenue NW., Washington Compliance, International Trade
DC 20230. The Department intends to their responsibility under 19 CFR
351.402(f)(2) to file a certificate Administration, U.S. Department of
issue the final results of this Commerce, 14th Street and Constitution
administrative review, including the regarding the reimbursement of
antidumping duties prior to liquidation Avenue NW., Washington, DC 20230;
4 See also 19 CFR 351.303 (for general filing of the relevant entries during this telephone: (202) 482–2924 or (202) 482–
requirements).
0649.
5 See 19 CFR 351.310(c). 6 See 19 CFR 351.212(b)(1). SUPPLEMENTARY INFORMATION:
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Document Created: 2016-03-12 01:01:01
Document Modified: 2016-03-12 01:01:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Aleksandras Nakutis, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3147. | |
| FR Citation | 81 FR 13326 |
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