82_FR_38002 82 FR 37847 - Silicon Metal From the Republic of Kazakhstan: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

82 FR 37847 - Silicon Metal From the Republic of Kazakhstan: 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 Range37847-37849
FR Document2017-17112

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of silicon metal from the Republic of Kazakhstan (Kazakhstan). 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 37847-37849]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17112]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-834-808]


Silicon Metal From the Republic of Kazakhstan: 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 
producers and exporters of silicon metal from the Republic of 
Kazakhstan (Kazakhstan). The period of investigation is January 1, 
2016, through December 31, 2016.

DATES: Effective August 14, 2017.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Rebecca 
Janz, AD/CVD Operations, Office II, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1280 or (202) 482-2972, 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\ Tau-Ken Temir LLP (Tau-Ken Temir), a producer 
and exporter of silicon metal from Kazakhstan, is the sole mandatory 
respondent for which we have determined there were exports during the 
period of investigation to the United States. 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.
---------------------------------------------------------------------------

    \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 of the Countervailing Duty Investigation of Silicon 
Metal from the Republic of Kazakhstan,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is silicon metal from 
Kazakhstan. 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    In its questionnaire responses, Tau-Ken Temir refused to provide 
the Department with requested information or analyze whether its cross-
owned companies received countervailable subsidies.\8\ Furthermore, the 
Government of Kazakhstan's (GOK)'s initial questionnaire response was 
wholly deficient with respect to an allegation that electricity was 
sold to Tau-Ken Temir for less than adequate remuneration, and its 
supplemental response regarding this allegation was untimely filed.\9\ 
Thus, the Department has relied on facts available as part of its 
analysis. Additionally, because we find that Tau-Ken Temir and the GOK 
did not act to the best of their abilities to respond to the 
Department's requests for information and, therefore, impeded this 
investigation, we drew an adverse inference where appropriate in 
selecting from among the facts otherwise available.\10\ For further 
information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See Tau-Ken Temir's Supplemental Affiliation Response, dated 
May 15, 2017 (Tau-Ken Temir May 15, 2017 SAFFR).
    \9\ See GOK's June 1, 2017 Initial Questionnaire Response (GOK 
June 1, 2017 IQR).
    \10\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    On March 28, 2017, the Department initiated this countervailing 
duty (CVD) investigation of silicon metal from Kazakhstan.\11\ On the 
same day, the Department also initiated antidumping duty (AD) 
investigations of silicon metal from Australia, Brazil, and Norway.\12\ 
This CVD investigation and the AD investigations of Australia, Brazil, 
and Norway cover the same class or kind of merchandise.
---------------------------------------------------------------------------

    \11\ See Initiation Notice, 82 FR 16356.
    \12\ See Silicon Metal from Australia, Brazil, and Norway: 
Initiation of Less-Than-Fair-Value Investigations, 82 FR 16352 
(April 4, 2017).
---------------------------------------------------------------------------

    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 37848]]

a request made by the petitioner.\13\ 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.
---------------------------------------------------------------------------

    \13\ 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.
---------------------------------------------------------------------------

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 or de minimis rates and any rates based entirely 
under section 776 of the Act. Pursuant to section 705(c)(5)(A)(ii) of 
the Act, if the individual estimated countervailable subsidy rates 
established for all exporters and producers individually examined are 
zero, de minimis, or determined based entirely on facts otherwise 
available, the Department may use any reasonable method to establish 
the estimated subsidy rate for all-other producers or exporters.
    In this investigation, the Department preliminarily assigned a rate 
based entirely on facts available to Tau-Ken Temir. Accordingly, we are 
using ``any reasonable method'' to establish the all-others rate. We 
find that it is reasonable to rely on the rate established for Tau-Ken 
Temir as the all-others rate, particularly because there is no other 
information on the record that can be used to determine an all-others 
rate.\14\
---------------------------------------------------------------------------

    \14\ See, e.g., Grain-Oriented Electrical Steel from the 
People's Republic of China: Final Affirmative Countervailing Duty 
Determination, 79 FR 59221 (October 1, 2014), and accompanying 
Issues and Decision Memorandum at Comment 1; Circular Welded Carbon-
Quality Steel Pipe from India: Final Affirmative Countervailing Duty 
Determination, 77 FR 64468, 64470 (October 22, 2012); and Certain 
Potassium Phosphate Salts from the People's Republic of China: Final 
Affirmative Countervailing Duty Determination and Termination of 
Critical Circumstances Inquiry, 75 FR 30375 (June 1, 2010).
---------------------------------------------------------------------------

Preliminary Determination

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

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Tau-Ken Temir LLP \15\......................................      120.00
All-Others..................................................      120.00
------------------------------------------------------------------------

Suspension of Liquidation
---------------------------------------------------------------------------

    \15\ As discussed in the Preliminary Decision Memorandum, the 
Department has found the following companies to be cross-owned with 
Tau-Ken Temir LLP: JSC NMC Tau-Ken Samruk and LLP Silicon Mining.
---------------------------------------------------------------------------

    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

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days of the public announcement of, where there is no 
public announcement, within five days of the date of publication of the 
notice of preliminary determination in the Federal Register, in 
accordance with 19 CFR 351.224(b). However, because the Department 
preliminarily applied facts available with an adverse inference to the 
individually examined company Tau-Ken Temir in this investigation in 
accordance with section 776 of the Act, and the applied facts available 
rate is based solely on the corporate income tax rate in Kazakhstan, 
there are no calculations to disclose.

Verification

    Because both Tau-Ken Temir and the GOK did not provide information 
requested by the Department, and the Department preliminarily 
determines that Tau-Ken Temir and the GOK have been uncooperative, we 
do not intend to conduct verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary determination. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\16\ 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.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.309; 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, 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 this 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)

[[Page 37849]]

subheading 2804.61.0000) is excluded from the scope of this 
investigation.
    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. Period of Investigation
IV. Scope Comments
V. Respondent Selection
VI. Injury Test
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. Conclusion

[FR Doc. 2017-17112 Filed 8-11-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices                                                    37847

                                                  Dated: August 9, 2017.                                Temir LLP (Tau-Ken Temir), a producer                 701 of the Act. For each of the subsidy
                                                James Maeder,                                           and exporter of silicon metal from                    programs found countervailable, the
                                                Senior Director, perfoming the Duties of                Kazakhstan, is the sole mandatory                     Department preliminarily determines
                                                Deputy Assistant Secretary for Antidumping              respondent for which we have                          that there is a subsidy, i.e., a financial
                                                and Countervailing Duty Operations.                     determined there were exports during                  contribution by an ‘‘authority’’ that
                                                [FR Doc. 2017–17114 Filed 8–11–17; 8:45 am]             the period of investigation to the United             gives rise to a benefit to the recipient,
                                                BILLING CODE 3510–DS–P                                  States. A list of topics discussed in the             and that the subsidy is specific.7
                                                                                                        Preliminary Decision Memorandum is                       In its questionnaire responses, Tau-
                                                                                                        included as Appendix II to this notice.               Ken Temir refused to provide the
                                                DEPARTMENT OF COMMERCE                                  The Preliminary Decision Memorandum                   Department with requested information
                                                                                                        is a public document and is on file                   or analyze whether its cross-owned
                                                International Trade Administration                      electronically via Enforcement and                    companies received countervailable
                                                [C–834–808]                                             Compliance’s Antidumping and                          subsidies.8 Furthermore, the
                                                                                                        Countervailing Duty Centralized                       Government of Kazakhstan’s (GOK)’s
                                                Silicon Metal From the Republic of                      Electronic Service System (ACCESS).                   initial questionnaire response was
                                                Kazakhstan: Preliminary Affirmative                     ACCESS is available to registered users               wholly deficient with respect to an
                                                Countervailing Duty Determination and                   at http://access.trade.gov, and is                    allegation that electricity was sold to
                                                Alignment of Final Determination With                   available to all parties in the Central               Tau-Ken Temir for less than adequate
                                                Final Antidumping Duty Determination                    Records Unit, room B8024 of the main                  remuneration, and its supplemental
                                                                                                        Department of Commerce building. In                   response regarding this allegation was
                                                AGENCY:  Enforcement and Compliance,                    addition, a complete version of the                   untimely filed.9 Thus, the Department
                                                International Trade Administration,                     Preliminary Decision Memorandum can                   has relied on facts available as part of
                                                Department of Commerce.                                 be accessed directly at http://                       its analysis. Additionally, because we
                                                SUMMARY: The Department of Commerce                     enforcement.trade.gov/frn/. The signed                find that Tau-Ken Temir and the GOK
                                                (the Department) preliminarily                          and electronic versions of the                        did not act to the best of their abilities
                                                determines that countervailable                         Preliminary Decision Memorandum are                   to respond to the Department’s requests
                                                subsidies are being provided to                         identical in content.                                 for information and, therefore, impeded
                                                producers and exporters of silicon metal                                                                      this investigation, we drew an adverse
                                                                                                        Scope of the Investigation                            inference where appropriate in selecting
                                                from the Republic of Kazakhstan
                                                (Kazakhstan). The period of                               The product covered by this                         from among the facts otherwise
                                                investigation is January 1, 2016, through               investigation is silicon metal from                   available.10 For further information, see
                                                December 31, 2016.                                      Kazakhstan. For a complete description                ‘‘Use of Facts Otherwise Available and
                                                DATES: Effective August 14, 2017.                       of the scope of this investigation, see               Adverse Inferences’’ in the Preliminary
                                                                                                        Appendix I.                                           Decision Memorandum.
                                                FOR FURTHER INFORMATION CONTACT:
                                                Terre Keaton Stefanova or Rebecca Janz,                 Scope Comments                                        Alignment
                                                AD/CVD Operations, Office II,                             In accordance with the preamble to                     On March 28, 2017, the Department
                                                Enforcement and Compliance,                             the Department’s regulations,4 the                    initiated this countervailing duty (CVD)
                                                International Trade Administration,                     Initiation Notice set aside a period of               investigation of silicon metal from
                                                U.S. Department of Commerce, 1401                       time for parties to raise issues regarding            Kazakhstan.11 On the same day, the
                                                Constitution Avenue NW., Washington,                    product coverage (i.e., scope).5 Certain              Department also initiated antidumping
                                                DC 20230; telephone: (202) 482–1280 or                  interested parties commented on the                   duty (AD) investigations of silicon metal
                                                (202) 482–2972, respectively.                           scope of the investigation as it appeared             from Australia, Brazil, and Norway.12
                                                SUPPLEMENTARY INFORMATION:                              in the Initiation Notice. For a summary               This CVD investigation and the AD
                                                                                                        of the product coverage comments and                  investigations of Australia, Brazil, and
                                                Background
                                                                                                        rebuttal responses submitted to the                   Norway cover the same class or kind of
                                                   This preliminary determination is                    record for this preliminary                           merchandise.
                                                made in accordance with section 703(b)                  determination, and accompanying                          As noted in the Preliminary Decision
                                                of the Tariff Act of 1930, as amended                   discussion and analysis of all comments               Memorandum, in accordance with
                                                (the Act). The Department published the                 timely received, see the Preliminary                  section 705(a)(1) of the Act and 19 CFR
                                                notice of initiation of this investigation              Scope Decision Memorandum.6 The                       351.210(b)(4), the Department is
                                                on April 4, 2017.1 On May 16, 2017, the                 Department preliminarily is not                       aligning the final CVD determination in
                                                Department postponed the preliminary                    modifying the scope language as it                    this investigation with the final
                                                determination of this investigation and                 appeared in the Initiation Notice. See                determinations in the companion AD
                                                the revised deadline is now August 7,                   Appendix I.                                           investigations of silicon metal from
                                                2017.2 For a complete description of the                                                                      Australia, Brazil, and Norway based on
                                                                                                        Methodology
                                                events that followed the initiation of
                                                this investigation, see the Preliminary                   The Department is conducting this                     7 See sections 771(5)(B) and (D) of the Act

                                                Decision Memorandum.3 Tau-Ken                           investigation in accordance with section              regarding financial contribution; section 771(5)(E)
                                                                                                                                                              of the Act regarding benefit; and section 771(5A) of
                                                   1 See Silicon Metal from Australia, Brazil, and      from the Republic of Kazakhstan,’’ dated              the Act regarding specificity.
                                                                                                                                                                8 See Tau-Ken Temir’s Supplemental Affiliation
                                                Kazakhstan: Initiation of Countervailing Duty           concurrently with, and hereby adopted by, this
sradovich on DSK3GMQ082PROD with NOTICES




                                                Investigations, 82 FR 16356 (April 4, 2017)             notice (Preliminary Decision Memorandum).             Response, dated May 15, 2017 (Tau-Ken Temir May
                                                (Initiation Notice).                                       4 See Antidumping Duties; Countervailing Duties,   15, 2017 SAFFR).
                                                                                                                                                                9 See GOK’s June 1, 2017 Initial Questionnaire
                                                   2 See Silicon Metal From Australia, Brazil, and      Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                Kazakhstan: Postponement of Preliminary                    5 See Initiation Notice.                           Response (GOK June 1, 2017 IQR).
                                                                                                                                                                10 See sections 776(a) and (b) of the Act.
                                                Determinations of Countervailing Duty                      6 See Memorandum, ‘‘Silicon Metal from
                                                Investigations, 82 FR 22490 (May 16, 2017).             Australia, Brazil, Kazakhstan, and Norway: Scope        11 See Initiation Notice, 82 FR 16356.
                                                   3 See Memorandum, ‘‘Decision Memorandum for          Comments Decision Memorandum for the                    12 See Silicon Metal from Australia, Brazil, and

                                                the Preliminary Determination of the                    Preliminary Determinations,’’ dated June 27, 2017     Norway: Initiation of Less-Than-Fair-Value
                                                Countervailing Duty Investigation of Silicon Metal      (Preliminary Scope Decision Memorandum).              Investigations, 82 FR 16352 (April 4, 2017).



                                           VerDate Sep<11>2014   16:45 Aug 11, 2017   Jkt 241001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\14AUN1.SGM   14AUN1


                                                37848                         Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices

                                                a request made by the petitioner.13                                                                Subsidy     briefs.16 Pursuant to 19 CFR
                                                Consequently, the final CVD                                          Company                        rate       351.309(c)(2) and (d)(2), parties who
                                                determination will be issued on the                                                               (percent)    submit case briefs or rebuttal briefs in
                                                same date as the final AD                                                                                      this investigation are encouraged to
                                                                                                        All-Others .................................... 120.00
                                                determinations for Australia, Brazil, and                                                                      submit with each argument: (1) A
                                                Norway, which are currently scheduled                                                                          statement of the issue; (2) a brief
                                                to be issued no later than December 18,                 Suspension of Liquidation                              summary of the argument; and (3) a
                                                2017, unless postponed.                                    In accordance with section                          table of authorities.
                                                                                                        703(d)(1)(B) and (d)(2) of the Act, the                   Pursuant to 19 CFR 351.310(c),
                                                All-Others Rate                                                                                                interested parties who wish to request a
                                                                                                        Department will direct U.S. Customs
                                                  Sections 703(d) and 705(c)(5)(A) of                   and Border Protection (CBP) to suspend hearing, limited to issues raised in the
                                                the Act provide that in the preliminary                 liquidation of entries of subject                      case and rebuttal briefs, must submit a
                                                determination, the Department shall                     merchandise as described in the scope                  written request to the Assistant
                                                determine an estimated all-others rate                  of the investigation section entered, or               Secretary for Enforcement and
                                                for companies not individually                          withdrawn from warehouse, for                          Compliance, U.S. Department of
                                                examined. This rate shall be an amount                  consumption on or after the date of                    Commerce within 30 days after the date
                                                equal to the weighted average of the                    publication of this notice in the Federal of publication of this notice. Requests
                                                estimated subsidy rates established for                 Register. Further, pursuant to 19 CFR                  should contain the party’s name,
                                                those companies individually                            351.205(d), the Department will instruct address, and telephone number, the
                                                examined, excluding any zero or de                      CBP to require a cash deposit equal to                 number of participants, whether any
                                                minimis rates and any rates based                       the rates indicated above.                             participant is a foreign national, and a
                                                entirely under section 776 of the Act.                                                                         list of the issues to be discussed. If a
                                                Pursuant to section 705(c)(5)(A)(ii) of                 Disclosure                                             request for a hearing is made, the
                                                the Act, if the individual estimated                       Normally, the Department discloses to Department intends to hold the hearing
                                                countervailable subsidy rates                           interested parties the calculations                    at the U.S. Department of Commerce,
                                                established for all exporters and                       performed in connection with a                         1401 Constitution Avenue NW.,
                                                producers individually examined are                     preliminary determination within five                  Washington, DC 20230, at a time and
                                                zero, de minimis, or determined based                   days of the public announcement of,                    date to be determined. Parties should
                                                entirely on facts otherwise available, the              where there is no public announcement, confirm by telephone the date, time, and
                                                Department may use any reasonable                       within five days of the date of                        location of the hearing two days before
                                                method to establish the estimated                       publication of the notice of preliminary               the scheduled date.
                                                subsidy rate for all-other producers or
                                                                                                        determination in the Federal Register,                 International Trade Commission
                                                exporters.
                                                                                                        in accordance with 19 CFR 351.224(b).                  Notification
                                                  In this investigation, the Department
                                                preliminarily assigned a rate based                     However, because the Department
                                                                                                                                                                  In accordance with section 703(f) of
                                                entirely on facts available to Tau-Ken                  preliminarily applied facts available
                                                                                                                                                               the Act, the Department will notify the
                                                Temir. Accordingly, we are using ‘‘any                  with an adverse inference to the
                                                                                                                                                               International Trade Commission (ITC) of
                                                reasonable method’’ to establish the all-               individually examined company Tau-
                                                                                                                                                               its determination. If the final
                                                others rate. We find that it is reasonable              Ken Temir in this investigation in
                                                                                                                                                               determination is affirmative, the ITC
                                                to rely on the rate established for Tau-                accordance with section 776 of the Act,
                                                                                                                                                               will make its final injury determination
                                                Ken Temir as the all-others rate,                       and the applied facts available rate is
                                                                                                                                                               before the later of 120 days after the date
                                                particularly because there is no other                  based solely on the corporate income
                                                                                                                                                               of this preliminary determination or 45
                                                information on the record that can be                   tax rate in Kazakhstan, there are no
                                                                                                                                                               days after the final determination.
                                                used to determine an all-others rate.14                 calculations to disclose.
                                                                                                                                                               Notification to Interested Parties
                                                Preliminary Determination                               Verification
                                                                                                                                                                  This determination is issued and
                                                  The Department preliminarily                             Because both Tau-Ken Temir and the                  published pursuant to sections 703(f)
                                                determines that the following estimated                 GOK did not provide information                        and 777(i) of the Act and 19 CFR
                                                countervailable subsidy rates exist:                    requested by the Department, and the                   351.205(c).
                                                                                                        Department preliminarily determines
                                                                                                        that Tau-Ken Temir and the GOK have                       Dated: August 7, 2017.
                                                                                          Subsidy
                                                             Company                       rate         been uncooperative, we do not intend to Carole Showers,
                                                                                         (percent)      conduct verification.                                  Executive Director, Office of Policy
                                                                                                                                                              performing the duties of Deputy Assistant
                                                Tau-Ken Temir LLP 15 ................        120.00     Public Comment                                        Secretary for Enforcement and Compliance.

                                                   13 See Letter from the petitioner, ‘‘Silicon Metal
                                                                                                           Case briefs or other written comments              Appendix I
                                                from Australia, Brazil, and Kazakhstan;                 may be submitted to the Assistant
                                                                                                                                                              Scope of the Investigation
                                                Countervailing Duty Investigations; Request for         Secretary for Enforcement and
                                                Alignment of Final Determinations,’’ dated July 10,     Compliance no later than 30 days after                   The scope of this investigation covers all
                                                2017.                                                                                                         forms and sizes of silicon metal, including
                                                   14 See, e.g., Grain-Oriented Electrical Steel from
                                                                                                        the date of publication of the                        silicon metal powder. Silicon metal contains
                                                the People’s Republic of China: Final Affirmative       preliminary determination. Rebuttal                   at least 85.00 percent but less than 99.99
                                                Countervailing Duty Determination, 79 FR 59221          briefs, limited to issues raised in case              percent silicon, and less than 4.00 percent
sradovich on DSK3GMQ082PROD with NOTICES




                                                (October 1, 2014), and accompanying Issues and          briefs, may be submitted no later than                iron, by actual weight. Semiconductor grade
                                                Decision Memorandum at Comment 1; Circular              five days after the deadline date for case            silicon (merchandise containing at least
                                                Welded Carbon-Quality Steel Pipe from India: Final                                                            99.99 percent silicon by actual weight and
                                                Affirmative Countervailing Duty Determination, 77
                                                                                                                                                              classifiable under Harmonized Tariff
                                                FR 64468, 64470 (October 22, 2012); and Certain           15 As discussed in the Preliminary Decision

                                                Potassium Phosphate Salts from the People’s             Memorandum, the Department has found the              Schedule of the United States (HTSUS)
                                                Republic of China: Final Affirmative Countervailing     following companies to be cross-owned with Tau-
                                                Duty Determination and Termination of Critical          Ken Temir LLP: JSC NMC Tau-Ken Samruk and LLP            16 See 19 CFR 351.309; see also 19 CFR 351.303

                                                Circumstances Inquiry, 75 FR 30375 (June 1, 2010).      Silicon Mining.                                       (for general filing requirements).



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                                                                             Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices                                           37849

                                                subheading 2804.61.0000) is excluded from               808–725–5036; email: emily.crigler@                   DEPARTMENT OF COMMERCE
                                                the scope of this investigation.                        noaa.gov) at least 3 days in advance of
                                                  Silicon metal is currently classifiable               the call to receive documents via email.              National Oceanic and Atmospheric
                                                under subheadings 2804.69.1000 and                                                                            Administration
                                                2804.69.5000 of the HTSUS. While HTSUS                  FOR FURTHER INFORMATION CONTACT:
                                                numbers are provided for convenience and                Emily Crigler, NMFS Pacific Islands                   RIN 0648–XF431
                                                customs purposes, the written description of            Regional Office; 1845 Wasp Blvd., Bldg.
                                                the scope remains dispositive.                          176, Honolulu, HI 96818; telephone:                   Endangered Species; File No. 21516
                                                Appendix II                                             808–725–5036; facsimile: 808–725–                     AGENCY:  National Marine Fisheries
                                                                                                        5215; email: emily.crigler@noaa.gov.                  Service (NMFS), National Oceanic and
                                                List of Topics Discussed in the Preliminary
                                                Decision Memorandum                                     SUPPLEMENTARY INFORMATION:    In                      Atmospheric Administration (NOAA),
                                                I. Summary                                              accordance with the Western and                       Commerce.
                                                II. Background                                          Central Pacific Fisheries Convention                  ACTION: Notice of availability; request
                                                III. Period of Investigation                            Implementation Act (16 U.S.C. 6901 et                 for public comments.
                                                IV. Scope Comments                                      seq.), the Permanent Advisory
                                                V. Respondent Selection                                 Committee, or PAC, has been formed to                 SUMMARY:   We, NMFS, have received an
                                                VI. Injury Test                                                                                               application from Virginia Electric and
                                                VII. Use of Facts Otherwise Available and
                                                                                                        advise the U.S. Commissioners to the
                                                                                                        WCPFC. Members of the PAC have been                   Power Company, D.B.A. Dominion
                                                      Adverse Inferences                                                                                      Virginia Power (Dominion) for an
                                                VIII. Calculation of the All-Others Rate                appointed by the Secretary of Commerce
                                                                                                        in consultation with the U.S.                         incidental take permit, pursuant to the
                                                IX. Conclusion
                                                                                                        Commissioners to the WCPFC. The PAC                   Endangered Species Act (ESA) of 1973,
                                                [FR Doc. 2017–17112 Filed 8–11–17; 8:45 am]                                                                   as amended, for activities associated
                                                                                                        supports the work of the U.S. National
                                                BILLING CODE 3510–DS–P
                                                                                                        Section to the WCPFC in an advisory                   with the otherwise lawful continued
                                                                                                        capacity. The U.S. National Section is                operation and maintenance of the
                                                                                                        made up of the U.S. Commissioners and                 Dominion Chesterfield Power Station
                                                DEPARTMENT OF COMMERCE                                                                                        (CPS) in Chesterfield, VA. We are
                                                                                                        the Department of State. NMFS Pacific
                                                National Oceanic and Atmospheric                                                                              considering issuing a 10-year permit to
                                                                                                        Islands Regional Office provides
                                                Administration                                                                                                the applicant that would authorize take
                                                                                                        administrative and technical support to
                                                                                                                                                              of ESA-listed Atlantic sturgeon
                                                RIN 0648–XF604                                          the PAC in cooperation with the
                                                                                                                                                              (Acipenser oxyrinchus oxyrinchus) from
                                                                                                        Department of State. More information
                                                                                                                                                              the Chesapeake Bay Distinct Population
                                                Permanent Advisory Committee To                         on the WCPFC, established under the
                                                                                                                                                              Segment (DPS) incidental to otherwise
                                                Advise the U.S. Commissioners to the                    Convention on the Conservation and
                                                                                                                                                              lawful activities associated with the
                                                Western and Central Pacific Fisheries                   Management of Highly Migratory Fish
                                                                                                                                                              withdrawal of cooling water from the
                                                Commission; Meeting Announcement                        Stocks in the Western and Central
                                                                                                                                                              James River and entrainment and
                                                                                                        Pacific Ocean, can be found on the
                                                AGENCY:  National Marine Fisheries                                                                            impingement sampling required by the
                                                                                                        WCPFC Web site: http://wcpfc.int/.
                                                Service (NMFS), National Oceanic and                                                                          Clean Water Act. Pursuant to the ESA
                                                Atmospheric Administration (NOAA),                      Meeting Topics                                        and the National Environmental Policy
                                                Commerce.                                                                                                     Act (NEPA), we announce the
                                                                                                          The purpose of the September 12,                    availability of Dominion’s ITP
                                                ACTION: Notice of public meeting.
                                                                                                        2017, conference call is to discuss                   application and draft habitat
                                                SUMMARY:   NMFS announces a public                      outcomes of: The 2017 regular session of              conservation plan (HCP), as well as our
                                                meeting of the Permanent Advisory                       the WCPFC Scientific Committee                        draft environmental assessment (EA),
                                                Committee (PAC) to advise the U.S.                      (SC13), the 2017 regular session of the               for public review and comment. We
                                                Commissioners to the Commission for                     WCPFC Northern Committee (NC13),                      provide this notice to seek comments
                                                the Conservation and Management of                      and the Intersessional Meeting to                     from the public and Federal, Tribal,
                                                Highly Migratory Fish Stocks in the                     progress the draft Bridging CMM on                    State, and local governments.
                                                Western and Central Pacific Ocean                       Tropical Tuna. There will also be a                   DATES: To allow for timely processing of
                                                (WCPFC) on September 12, 2017.                          discussion on topics relevant to the                  the permit application, we must receive
                                                DATES: The meeting of the PAC will be
                                                                                                        subsequent regular session of the                     your comments no later than September
                                                held via conference call on September                   Technical and Compliance Committee                    13, 2017.
                                                12, 2017, from 11 a.m. to 1 p.m. HST (or                (TCC13).
                                                                                                                                                              ADDRESSES: The application is available
                                                until business is concluded). Members                   Special Accommodations                                for download and review at http://
                                                of the public may submit written                                                                              www.nmfs.noaa.gov/pr/permits/esa_
                                                comments; comments must be received                       The conference call is accessible to                review.htm under the section heading
                                                by September 7, 2017.                                   people with disabilities. Requests for                ESA section 10(a)(1)(B) Permits and
                                                ADDRESSES: The public meeting will be                   sign language interpretation or other                 Applications and at http://
                                                conducted via conference call. For                      auxiliary aids should be directed to                  www.regulations.gov. The application is
                                                details on how to call in to the                        Emily Crigler at 808–725–5036 at least                also available upon written request or
                                                conference line or to submit comments,                  ten working days prior to the meeting.                by appointment in the following office:
                                                please contact Emily Crigler, NMFS                                                                            Protected Resources Division, NMFS
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                          Authority: 16 U.S.C. 6902 et seq.
                                                Pacific Islands Regional Office;                                                                              Greater Atlantic Regional Fisheries
                                                                                                          Dated: August 9, 2017.
                                                telephone: 808–725–5036; email:                                                                               Office, 55 Great Republic Drive,
                                                emily.crigler@noaa.gov. Documents to                    Emily H. Menashes,                                    Gloucester, MA 01930; phone (978)
                                                be considered by the PAC will be sent                   Acting Director, Office of Sustainable                281–9328.
                                                out via email in advance of the                         Fisheries, National Marine Fisheries Service.           Submit your comments by including
                                                conference call. Please submit contact                  [FR Doc. 2017–17121 Filed 8–11–17; 8:45 am]           NOAA–NMFS–2017–0051, by either of
                                                information to Emily Crigler (telephone:                BILLING CODE 3510–22–P                                the following methods:


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Document Created: 2018-10-24 11:51:47
Document Modified: 2018-10-24 11:51:47
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.
ContactTerre Keaton Stefanova or Rebecca Janz, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1280 or (202) 482-2972, respectively.
FR Citation82 FR 37847 

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