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)

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.

[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]


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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.
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    \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.
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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).
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    \4\ See also 19 CFR 351.303 (for general filing requirements).
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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, 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.
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    \5\ See 19 CFR 351.310(c).
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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).
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    \6\ See 19 CFR 351.212(b)(1).
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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