82_FR_37998 82 FR 37843 - Silicon Metal From Australia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

82 FR 37843 - Silicon Metal From Australia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 155 (August 14, 2017)

Page Range37843-37844
FR Document2017-17116

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to a producer/exporter of silicon metal from Australia. The period of investigation is January 1, 2016 through December 31, 2016.

Federal Register, Volume 82 Issue 155 (Monday, August 14, 2017) 
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37843-37844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17116]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-602-811]


Silicon Metal From Australia: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final Determination 
With Final Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to a 
producer/exporter of silicon metal from Australia. The period of 
investigation is January 1, 2016 through December 31, 2016.

DATES: Effective August 14, 2017.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or John Anwesen, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-4929 or (202) 
482-0131, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on April 4, 
2017.\1\ On May 16, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
August 7, 2017.\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 discussed 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 http://access.trade.gov, and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \1\ See Silicon Metal from Australia, Brazil, and Kazakhstan: 
Initiation of Countervailing Duty Investigations, 82 FR 16356 (April 
4, 2017) (Initiation Notice).
    \2\ See Silicon Metal from Australia, Brazil, and Kazakhstan: 
Postponement of Preliminary Determinations of Countervailing Duty 
Investigations, 82 FR 22490 (May 16, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Countervailing Duty Investigation of Silicon 
Metal from Australia,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is silicon metal from 
Australia. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\6\ The 
Department preliminarily is not modifying the scope language as it 
appeared in the Initiation Notice. See Appendix I.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Silicon Metal from Australia, Brazil, 
Kazakhstan, and Norway: Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated June 27, 2017 (Preliminary Scope 
Decision Memorandum).
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Methodology

    The Department is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, the Department preliminarily determines that there is 
a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\7\
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Alignment

    On March 28, 2017, the Department initiated this countervailing 
duty (CVD) investigation of silicon metal from Australia.\8\ On the 
same day, the Department also initiated antidumping duty (AD) 
investigations of silicon metal from Australia, Brazil, and Norway.\9\ 
This CVD investigation and the AD investigations of Australia, Brazil, 
and Norway cover the same class or kind of merchandise.
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    \8\ See Initiation Notice.
    \9\ See Silicon Metal from Australia, Brazil and Norway: 
Initiation of Less-Than-Fair-Value Investigations, 82 FR 16352 
(April 4, 2017).
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    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department 
is aligning the final CVD determination in this investigation with the 
final determinations in the companion AD investigations of silicon 
metal from Australia, Brazil, and Norway based on

[[Page 37844]]

a request made by the petitioner.\10\ Consequently, the final CVD 
determination will be issued on the same date as the final AD 
determinations for Australia, Brazil, and Norway, which are currently 
scheduled to be issued no later than December 18, 2017, unless 
postponed.
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    \10\ See Letter from the petitioner, ``Silicon Metal from 
Australia, Brazil, and Kazakhstan; Countervailing Duty 
Investigations; Request for Alignment of Final Determinations,'' 
dated July 10, 2017.
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All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, the Department shall determine an estimated 
all-others rate for companies not individually examined. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely 
under section 776 of the Act.
    The Department calculated an individual estimated countervailable 
subsidy rate for Simcoa Operations Pty. Ltd. (Simcoa), the only 
individually examined producer/exporter in this investigation. Because 
the only individually calculated rate is not zero, de minimis, or based 
entirely on facts otherwise available, the estimated weighted-average 
rate calculated for Simcoa is the rate assigned to all-other producers 
and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.

Preliminary Determination

    The Department preliminarily determines that the following 
estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Simcoa Operations Pty Ltd \11\..............................       16.23
All-Others..................................................       16.23
------------------------------------------------------------------------

Suspension of Liquidation
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    \11\ As discussed in the Preliminary Decision Memorandum, the 
Department has found the following companies to be cross-owned with 
Simcoa: Silicon Metal Company of Australia Pty Ltd., Microsilica Pty 
Ltd., and Simcoa International Pty Ltd.
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    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise 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. Further, pursuant to 19 CFR 351.205(d), 
the Department will instruct CBP to require a cash deposit equal to the 
rates indicated above.

Disclosure

    The Department intends to disclose to interested parties its 
calculations and analysis performed in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the publication date of this notice 
in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information relied upon in making its final 
determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance at a date to be 
determined. Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than five days after the deadline date for 
case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties 
who submit case briefs or rebuttal briefs in this investigation 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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    \12\ See 19 CFR 351.309; 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, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its determination. 
If the final determination is affirmative, the ITC will make its final 
injury determination before the later of 120 days after the date of 
this preliminary determination or 45 days after the final 
determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: August 7, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of these investigation 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 investigations.
    Silicon metal is currently classifiable under subheadings 
2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are 
provided for convenience and customs purposes, the written 
description of the scope remains dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Alignment
V. Injury Test
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Conclusion

[FR Doc. 2017-17116 Filed 8-11-17; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37843 Notification to Interested Parties DATES: Effective August 14, 2017. Scope Comments This determination is issued and FOR FURTHER INFORMATION CONTACT: In accordance with the preamble to published pursuant to sections 703(f) Katherine Johnson or John Anwesen, the Department’s regulations,4 the and 777(i) of the Act and 19 CFR AD/CVD Operations, Office VIII, Initiation Notice set aside a period of 351.205(c). Enforcement and Compliance, time for parties to raise issues regarding Dated: August 7, 2017. International Trade Administration, product coverage, (i.e., scope).5 Certain Carole Showers, U.S. Department of Commerce, 1401 interested parties commented on the Executive Director, Office of Policy, Constitution Avenue NW., Washington, scope of the investigation as it appeared performing the duties of Deputy Assistant DC 20230; telephone: (202) 482–4929 or in the Initiation Notice. For a summary Secretary for Enforcement and Compliance. (202) 482–0131, respectively. of the product coverage comments and rebuttal responses submitted to the Appendix I SUPPLEMENTARY INFORMATION: record for this preliminary Scope of the Investigation Background determination, and accompanying The scope of this investigation covers all discussion and analysis of all comments forms and sizes of silicon metal, including This preliminary determination is timely received, see the Preliminary silicon metal powder. Silicon metal contains made in accordance with section 703(b) Scope Decision Memorandum.6 The at least 85.00 percent but less than 99.99 of the Tariff Act of 1930, as amended Department preliminarily is not percent silicon, and less than 4.00 percent (the Act). The Department published the modifying the scope language as it iron, by actual weight. Semiconductor grade notice of initiation of this investigation appeared in the Initiation Notice. See silicon (merchandise containing at least Appendix I. on April 4, 2017.1 On May 16, 2017, the 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Department postponed the preliminary Methodology Schedule of the United States (HTSUS) determination of this investigation and subheading 2804.61.0000) is excluded from the revised deadline is now August 7, The Department is conducting this the scope of these investigations. 2017.2 For a complete description of the investigation in accordance with section Silicon metal is currently classifiable events that followed the initiation of 701 of the Act. For each of the subsidy under subheadings 2804.69.1000 and this investigation, see the Preliminary programs found countervailable, the 2804.69.5000 of the HTSUS. While HTSUS Decision Memorandum.3 A list of topics Department preliminarily determines numbers are provided for convenience and that there is a subsidy, i.e., a financial customs purposes, the written description of discussed in the Preliminary Decision Memorandum is included as Appendix contribution by an ‘‘authority’’ that the scope remains dispositive. II to this notice. The Preliminary gives rise to a benefit to the recipient, Appendix II Decision Memorandum is a public and that the subsidy is specific.7 List of Topics Discussed in the Preliminary document and is on file electronically Alignment Decision Memorandum via Enforcement and Compliance’s Antidumping and Countervailing Duty On March 28, 2017, the Department I. Summary Centralized Electronic Service System initiated this countervailing duty (CVD) II. Background III. Scope Comments (ACCESS). ACCESS is available to investigation of silicon metal from IV. Alignment registered users at http:// Australia.8 On the same day, the V. Injury Test Department also initiated antidumping access.trade.gov, and is available to all VI. Use of Facts Otherwise Available duty (AD) investigations of silicon metal parties in the Central Records Unit, VII. Subsidies Valuation from Australia, Brazil, and Norway.9 VIII. Analysis of Programs room B8024 of the main Department of This CVD investigation and the AD IX. Conclusion Commerce building. In addition, a investigations of Australia, Brazil, and complete version of the Preliminary [FR Doc. 2017–17117 Filed 8–11–17; 8:45 am] Norway cover the same class or kind of Decision Memorandum can be accessed merchandise. BILLING CODE 3510–DS–P directly at http://enforcement.trade.gov/ As noted in the Preliminary Decision frn/. The signed and electronic versions Memorandum, in accordance with DEPARTMENT OF COMMERCE of the Preliminary Decision section 705(a)(1) of the Act and 19 CFR Memorandum are identical in content. 351.210(b)(4), the Department is International Trade Administration aligning the final CVD determination in Scope of the Investigation [C–602–811] this investigation with the final The product covered by this determinations in the companion AD Silicon Metal From Australia: investigation is silicon metal from investigations of silicon metal from Preliminary Affirmative Countervailing Australia. For a complete description of Australia, Brazil, and Norway based on Duty Determination and Alignment of the scope of this investigation, see Final Determination With Final Appendix I. 4 See Antidumping Duties; Countervailing Duties, Antidumping Duty Determination Final Rule, 62 FR 27296, 27323 (May 19, 1997). 1 See Silicon Metal from Australia, Brazil, and 5 See Initiation Notice. AGENCY: Enforcement and Compliance, Kazakhstan: Initiation of Countervailing Duty 6 See Memorandum, ‘‘Silicon Metal from International Trade Administration, Investigations, 82 FR 16356 (April 4, 2017) Australia, Brazil, Kazakhstan, and Norway: Scope Department of Commerce. (Initiation Notice). Comments Decision Memorandum for the 2 See Silicon Metal from Australia, Brazil, and Preliminary Determinations,’’ dated June 27, 2017 SUMMARY: The Department of Commerce sradovich on DSK3GMQ082PROD with NOTICES Kazakhstan: Postponement of Preliminary (Preliminary Scope Decision Memorandum). (the Department) preliminarily Determinations of Countervailing Duty 7 See sections 771(5)(B) and (D) of the Act determines that countervailable Investigations, 82 FR 22490 (May 16, 2017). regarding financial contribution; section 771(5)(E) subsidies are being provided to a 3 See Memorandum, ‘‘Decision Memorandum for of the Act regarding benefit; and section 771(5A) of the Preliminary Determination in the the Act regarding specificity. producer/exporter of silicon metal from 8 See Initiation Notice. Countervailing Duty Investigation of Silicon Metal Australia. The period of investigation is from Australia,’’ dated concurrently with, and 9 See Silicon Metal from Australia, Brazil and January 1, 2016 through December 31, hereby adopted by, this notice (Preliminary Norway: Initiation of Less-Than-Fair-Value 2016. Decision Memorandum). Investigations, 82 FR 16352 (April 4, 2017). VerDate Sep<11>2014 16:45 Aug 11, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\14AUN1.SGM 14AUN1

37844 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices a request made by the petitioner.10 Register. Further, pursuant to 19 CFR its determination. If the final Consequently, the final CVD 351.205(d), the Department will instruct determination is affirmative, the ITC determination will be issued on the CBP to require a cash deposit equal to will make its final injury determination same date as the final AD the rates indicated above. before the later of 120 days after the date determinations for Australia, Brazil, and of this preliminary determination or 45 Disclosure Norway, which are currently scheduled days after the final determination. to be issued no later than December 18, The Department intends to disclose to interested parties its calculations and Notification to Interested Parties 2017, unless postponed. analysis performed in this preliminary This determination is issued and All-Others Rate determination within five days of its published pursuant to sections 703(f) Sections 703(d) and 705(c)(5)(A) of public announcement, or if there is no and 777(i) of the Act and 19 CFR the Act provide that in the preliminary public announcement, within five days 351.205(c). determination, the Department shall of the publication date of this notice in Dated: August 7, 2017. determine an estimated all-others rate accordance with 19 CFR 351.224(b). Carole Showers, for companies not individually Executive Director, Office of Policy, Verification examined. This rate shall be an amount performing the duties of Deputy Assistant equal to the weighted average of the As provided in section 782(i)(1) of the Secretary for Enforcement and Compliance. estimated subsidy rates established for Act, the Department intends to verify those companies individually the information relied upon in making Appendix I examined, excluding any zero and de its final determination. Scope of the Investigation minimis rates and any rates based Public Comment The scope of these investigation covers all entirely under section 776 of the Act. forms and sizes of silicon metal, including The Department calculated an Case briefs or other written comments silicon metal powder. Silicon metal contains individual estimated countervailable may be submitted to the Assistant at least 85.00 percent but less than 99.99 subsidy rate for Simcoa Operations Pty. Secretary for Enforcement and percent silicon, and less than 4.00 percent Ltd. (Simcoa), the only individually Compliance at a date to be determined. iron, by actual weight. Semiconductor grade examined producer/exporter in this Rebuttal briefs, limited to issues raised silicon (merchandise containing at least in case briefs, may be submitted no later 99.99 percent silicon by actual weight and investigation. Because the only than five days after the deadline date for classifiable under Harmonized Tariff individually calculated rate is not zero, Schedule of the United States (HTSUS) de minimis, or based entirely on facts case briefs.12 Pursuant to 19 CFR subheading 2804.61.0000) is excluded from otherwise available, the estimated 351.309(c)(2) and (d)(2), parties who the scope of these investigations. weighted-average rate calculated for submit case briefs or rebuttal briefs in Silicon metal is currently classifiable Simcoa is the rate assigned to all-other this investigation are encouraged to under subheadings 2804.69.1000 and producers and exporters, pursuant to submit with each argument: (1) A 2804.69.5000 of the HTSUS. While HTSUS section 705(c)(5)(A)(i) of the Act. statement of the issue; (2) a brief numbers are provided for convenience and summary of the argument; and (3) a customs purposes, the written description of Preliminary Determination table of authorities. the scope remains dispositive. The Department preliminarily Pursuant to 19 CFR 351.310(c), Appendix II determines that the following estimated interested parties who wish to request a List of Topics Discussed in the Preliminary countervailable subsidy rates exist: hearing, limited to issues raised in the Decision Memorandum case and rebuttal briefs, must submit a Subsidy written request to the Assistant I. Summary Company rate II. Background Secretary for Enforcement and III. Scope Comments (percent) Compliance, U.S. Department of IV. Alignment Simcoa Operations Pty Ltd 11 ..... 16.23 Commerce within 30 days after the date V. Injury Test All-Others .................................... 16.23 of publication of this notice. Requests VI. Subsidies Valuation should contain the party’s name, VII. Analysis of Programs Suspension of Liquidation address, and telephone number, the VIII. Conclusion number of participants, whether any [FR Doc. 2017–17116 Filed 8–11–17; 8:45 am] In accordance with section participant is a foreign national, and a BILLING CODE 3510–DS–P 703(d)(1)(B) and (d)(2) of the Act, the list of the issues to be discussed. If a Department will direct U.S. Customs request for a hearing is made, the and Border Protection (CBP) to suspend DEPARTMENT OF COMMERCE Department intends to hold the hearing liquidation of entries of subject at the U.S. Department of Commerce, merchandise as described in the scope International Trade Administration 1401 Constitution Avenue NW., of the investigation section entered, or Washington, DC 20230, at a time and [C–570–054] withdrawn from warehouse, for date to be determined. Parties should consumption on or after the date of confirm by telephone the date, time, and Certain Aluminum Foil From the publication of this notice in the Federal location of the hearing two days before People’s Republic of China: the scheduled date. Preliminary Affirmative Countervailing 10 See Letter from the petitioner, ‘‘Silicon Metal from Australia, Brazil, and Kazakhstan; Duty Determination International Trade Commission sradovich on DSK3GMQ082PROD with NOTICES Countervailing Duty Investigations; Request for Alignment of Final Determinations,’’ dated July 10, Notification AGENCY: Enforcement and Compliance, 2017. In accordance with section 703(f) of International Trade Administration, 11 As discussed in the Preliminary Decision the Act, the Department will notify the Department of Commerce. Memorandum, the Department has found the SUMMARY: The Department of Commerce following companies to be cross-owned with International Trade Commission (ITC) of Simcoa: Silicon Metal Company of Australia Pty (the Department) preliminarily Ltd., Microsilica Pty Ltd., and Simcoa International 12 See 19 CFR 351.309; see also 19 CFR 351.303 determines that countervailable Pty Ltd. (for general filing requirements). subsidies are being provided to VerDate Sep<11>2014 16:45 Aug 11, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\14AUN1.SGM 14AUN1


Document Created: 2018-10-24 11:51:36
Document Modified: 2018-10-24 11:51:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective August 14, 2017.
ContactKatherine Johnson or John Anwesen, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4929 or (202) 482-0131, respectively.
FR Citation82 FR 37843 
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