82_FR_47667 82 FR 47471 - Silicon Metal From Australia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures

82 FR 47471 - Silicon Metal From Australia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47471-47473
FR Document2017-22067

The Department of Commerce (the Department) preliminarily determines that silicon metal from Australia is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2016, through December 31, 2016.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017)
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47471-47473]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22067]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-810]


Silicon Metal From Australia: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Affirmative 
Determination of Critical Circumstances, Postponement of Final 
Determination, and Extension of Provisional Measures

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that silicon metal from Australia is being, or is likely to 
be, sold in the United States at less than fair value (LTFV). The 
period of investigation (POI) is January 1, 2016, through December 31, 
2016.

DATES: Applicable October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Denisa Ursu, 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) 482-1766 or (202) 
482-2285, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(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 August 1, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
October 4, 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 included 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 https://access.trade.gov, 
and 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 the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
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    \1\ See Silicon Metal from Australia, Brazil, and Norway: 
Initiation of Less-Than-Fair-Value Investigations, 82 FR 16352 
(April 4, 2017) (Initiation Notice).
    \2\ See Silicon Metal from Australia, Brazil, and Norway: 
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 82 FR 35753 (August 1, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value 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. After evaluating these comments, the Department

[[Page 47472]]

preliminarily determines that modifying the scope language as it 
appeared in the Initiation Notice is not warranted. See the scope in 
Appendix I to this notice. However, the Department is inviting comment 
on one of the issues raised: The appropriate calculation methodology 
for determining the silicon content of out-of-scope products (i.e., 
silicon metal with a silicon content in excess of 99.99 percent), and, 
specifically, which impurities should be taken into account in that 
calculation. These comments are due no later than November 6, 2017. 
Rebuttal comments will be due no later than November 13, 2017. For a 
summary of the product coverage comments submitted on the record of 
this proceeding, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. The Department has calculated constructed 
export prices in accordance with section 772(b) of the Act. Normal 
value (NV) is calculated in accordance with section 773 of the Act. For 
a full description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
the Department preliminarily finds that critical circumstances exist 
for Simcoa. For a full description of the methodology and results of 
the Department's critical circumstances analysis, see the Preliminary 
Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination the Department shall determine an 
estimated all-others rate for all exporters and producers not 
individually examined. This rate shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins determined 
entirely under section 776 of the Act. The Department calculated an 
individual estimated weighted-average dumping margin for Simcoa 
Operations Pty Ltd. (Simcoa), the only individually examined exporter/
producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for Simcoa is the margin assigned to all other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Preliminary Determination

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

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Simcoa Operations Pty Ltd...............................           20.79
All-Others..............................................           20.79
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 773(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation 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, as discussed below. Further, pursuant to section 
733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondent listed above will be equal 
to the company-specific estimated weighted-average dumping margin 
determined in this preliminary determination; (2) if the exporter is 
not a respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin. These suspension of liquidation instructions will 
remain in effect until further notice.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. The Department 
preliminarily finds that critical circumstances exist for imports of 
subject merchandise produced or exported by Simcoa and all others. In 
accordance with section 733(e)(2)(A) of the Act, the suspension of 
liquidation shall apply to unliquidated entries of shipments of subject 
merchandise from the producer(s) or exporter(s) identified in this 
paragraph that were entered, or withdrawn from warehouse, for 
consumption on or after the date which is 90 days before the 
publication of this notice.
    The Department normally adjusts cash deposits for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion countervailing duty (CVD) proceeding, when CVD provisional 
measures are in effect. In the concurrent CVD silicon metal 
investigation, however, the Department preliminarily did not make an 
affirmative determination for countervailable export subsidies. 
Therefore, the Department has not offset the estimated weighted-average 
dumping margins by countervailable export subsidies.

Disclosure

    The Department intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication 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 no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\6\ 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.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).

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[[Page 47473]]

    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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of the Department's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On September 13, 2017, pursuant to 19 CFR 351.210(e), Simcoa 
requested that the Department postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\7\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, the Department is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, the 
Department will make its final determination no later than 135 days 
after the date of publication of this preliminary determination.
---------------------------------------------------------------------------

    \7\ See Letter from Simcoa, ``Silicon Metal from Australia: 
Request for Postponement of Final Determination,'' dated September 
13, 2017.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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) 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. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Constructed Export Price
IX. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison-Market Prices
X. Currency Conversion
XI. Critical Circumstances
XII. Conclusion

[FR Doc. 2017-22067 Filed 10-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices                                                  47471

                                                    withdrawn from warehouse, for                           shipper reviews in accordance with                    Background
                                                    consumption on or after the publication                 sections 751(a)(1), 751(a)(2)(B)(iii),                   This preliminary determination is
                                                    date as provided by section 751(a)(2)(C)                751(a)(3), 777(i) of the Act and 19 CFR               made in accordance with section 733(b)
                                                    of the Act: (1) For subject merchandise                 351.213(h) and 351.214.                               of the Tariff Act of 1930, as amended
                                                    exported by the companies listed above,                   Dated: October 5, 2017.                             (the Act). The Department published the
                                                    the cash deposit rate will be the rate                  Gary Taverman,                                        notice of initiation of this investigation
                                                    established in the final results of the                                                                       on April 4, 2017.1 On August 1, 2017,
                                                                                                            Deputy Assistant Secretary, for Antidumping
                                                    administrative review for each exporter                 and Countervailing Duty Operations,                   the Department postponed the
                                                    as listed above, except if the rate is zero             performing the non-exclusive functions and            preliminary determination of this
                                                    or de minimis, then no cash deposit will                duties of the Assistant Secretary for                 investigation and the revised deadline is
                                                    be required for that exporter; (2) for                  Enforcement and Compliance.                           now October 4, 2017.2 For a complete
                                                    previously investigated companies not                                                                         description of the events that followed
                                                    listed above that have separate rates, the              Appendix
                                                                                                                                                                  the initiation of this investigation, see
                                                    cash deposit rate will continue to be the                  List of Topics Discussed in the Issues and         the Preliminary Decision
                                                    company-specific rate published for the                 Decision Memorandum:
                                                                                                                                                                  Memorandum.3 A list of topics included
                                                    investigation; (3) for all other PRC                    I. Summary
                                                                                                            II. Background                                        in the Preliminary Decision
                                                    exporters of subject merchandise which                                                                        Memorandum is included as Appendix
                                                    have not been found to be entitled to a                 III. Scope of the Order
                                                                                                            IV. Surrogate Country                                 II to this notice. The Preliminary
                                                    separate rate, the cash deposit rate will               V. Separate Rates                                     Decision Memorandum is a public
                                                    be the PRC-wide rate of 223.01 percent;                 VI. Discussion of the Issues                          document and is on file electronically
                                                    and (4) for all non-PRC exporters of                       Comment 1: Calculation of Surrogate Value          via Enforcement and Compliance’s
                                                    subject merchandise which have not                            for Non-Refrigerated Inland Freight             Antidumping and Countervailing Duty
                                                    received their own rate, the cash deposit                     Expenses                                        Centralized Electronic Service System
                                                    rate will be the rate applicable to the                    Comment 2: Selection of Financial
                                                                                                                                                                  (ACCESS). ACCESS is available to
                                                    PRC entity that supplied that non-PRC                         Information to Value Factory Overhead,
                                                                                                                  Selling, General & Administrative               registered users at https://
                                                    exporter.                                                                                                     access.trade.gov, and to all parties in the
                                                       These deposit requirements, when                           Expenses, and Profit
                                                                                                            VII. Recommendation                                   Central Records Unit, Room B8024 of
                                                    imposed, shall remain in effect until
                                                                                                            [FR Doc. 2017–22071 Filed 10–11–17; 8:45 am]
                                                                                                                                                                  the main Department of Commerce
                                                    further notice.
                                                                                                                                                                  building. In addition, a complete
                                                                                                            BILLING CODE 3510–DS–P
                                                    Disclosure                                                                                                    version of the Preliminary Decision
                                                      We intend to disclose the calculations                                                                      Memorandum can be accessed directly
                                                    performed to parties in this proceeding                 DEPARTMENT OF COMMERCE                                at http://enforcement.trade.gov/frn/.
                                                    within five days after public                                                                                 The signed and the electronic versions
                                                    announcement of the final results in                    International Trade Administration                    of the Preliminary Decision
                                                    accordance with 19 CFR 351.224(b).                                                                            Memorandum are identical in content.
                                                                                                            [A–602–810]                                           Scope of the Investigation
                                                    Notification to Importers
                                                       This notice serves as a final reminder               Silicon Metal From Australia:                           The product covered by this
                                                    to importers of their responsibility                    Preliminary Affirmative Determination                 investigation is silicon metal from
                                                    under 19 CFR 351.402(f)(2) to file a                    of Sales at Less Than Fair Value,                     Australia. For a complete description of
                                                    certificate regarding the reimbursement                 Preliminary Affirmative Determination                 the scope of this investigation, see
                                                    of antidumping duties prior to                          of Critical Circumstances,                            Appendix I.
                                                    liquidation of the relevant entries                     Postponement of Final Determination,                  Scope Comments
                                                    during this review period. Failure to                   and Extension of Provisional Measures
                                                    comply with this requirement could                                                                              In accordance with the preamble to
                                                    result in the Secretary’s presumption                   AGENCY:  Enforcement and Compliance,                  the Department’s regulations,4 the
                                                    that reimbursement of antidumping                       International Trade Administration,                   Initiation Notice set aside a period of
                                                    duties occurred and the subsequent                      Department of Commerce.                               time for parties to raise issues regarding
                                                    assessment of double antidumping                        SUMMARY: The Department of Commerce                   product coverage (i.e., scope).5 Certain
                                                    duties.                                                 (the Department) preliminarily                        interested parties commented on the
                                                                                                            determines that silicon metal from                    scope of the investigation as it appeared
                                                    Notification Regarding Administrative                   Australia is being, or is likely to be, sold          in the Initiation Notice. After evaluating
                                                    Protective Orders                                       in the United States at less than fair                these comments, the Department
                                                       This notice also serves as a reminder                value (LTFV). The period of
                                                                                                                                                                     1 See Silicon Metal from Australia, Brazil, and
                                                    to parties subject to administrative                    investigation (POI) is January 1, 2016,
                                                                                                                                                                  Norway: Initiation of Less-Than-Fair-Value
                                                    protective order (APO) of their                         through December 31, 2016.                            Investigations, 82 FR 16352 (April 4, 2017)
                                                    responsibility concerning the                           DATES: Applicable October 12, 2017.                   (Initiation Notice).
                                                    destruction of proprietary information                                                                           2 See Silicon Metal from Australia, Brazil, and
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      Norway: Postponement of Preliminary
                                                    disclosed under APO in accordance
                                                                                                            Brian Smith or Denisa Ursu, AD/CVD                    Determinations in the Less-Than-Fair-Value
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    with 19 CFR 351.305(a)(3). Timely
                                                                                                            Operations, Office VIII, Enforcement                  Investigations, 82 FR 35753 (August 1, 2017).
                                                    written notification of the return or                                                                            3 See Memorandum, ‘‘Decision Memorandum for
                                                                                                            and Compliance, International Trade
                                                    destruction of APO materials or                                                                               the Preliminary Determination in the Less-Than-
                                                                                                            Administration, U.S. Department of
                                                    conversion to judicial protective order is                                                                    Fair-Value Investigation of Silicon Metal from
                                                                                                            Commerce, 1401 Constitution Avenue                    Australia’’ dated concurrently with, and hereby
                                                    hereby requested. Failure to comply
                                                                                                            NW., Washington, DC 20230; telephone:                 adopted by, this notice (Preliminary Decision
                                                    with the regulations and terms of an                                                                          Memorandum).
                                                                                                            (202) 482–1766 or (202) 482–2285,
                                                    APO is a violation subject to sanction.                                                                          4 See Antidumping Duties; Countervailing Duties,
                                                       We are issuing and publishing these                  respectively.
                                                                                                                                                                  Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                    final results of administrative and new                 SUPPLEMENTARY INFORMATION:                               5 See Initiation Notice.




                                               VerDate Sep<11>2014   22:35 Oct 11, 2017   Jkt 244001   PO 00000   Frm 00026   Fmt 4703   Sfmt 4703   E:\FR\FM\12OCN1.SGM   12OCN1


                                                    47472                       Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices

                                                    preliminarily determines that modifying                 entirely on facts otherwise available, the            published. The Department
                                                    the scope language as it appeared in the                estimated weighted-average dumping                    preliminarily finds that critical
                                                    Initiation Notice is not warranted. See                 margin calculated for Simcoa is the                   circumstances exist for imports of
                                                    the scope in Appendix I to this notice.                 margin assigned to all other producers                subject merchandise produced or
                                                    However, the Department is inviting                     and exporters, pursuant to section                    exported by Simcoa and all others. In
                                                    comment on one of the issues raised:                    735(c)(5)(A) of the Act.                              accordance with section 733(e)(2)(A) of
                                                    The appropriate calculation                                                                                   the Act, the suspension of liquidation
                                                                                                            Preliminary Determination
                                                    methodology for determining the silicon                                                                       shall apply to unliquidated entries of
                                                    content of out-of-scope products (i.e.,                    The Department preliminarily                       shipments of subject merchandise from
                                                    silicon metal with a silicon content in                 determines that the following estimated the producer(s) or exporter(s) identified
                                                    excess of 99.99 percent), and,                          weighted-average dumping margins                      in this paragraph that were entered, or
                                                    specifically, which impurities should be                exist:                                                withdrawn from warehouse, for
                                                    taken into account in that calculation.                                                                       consumption on or after the date which
                                                    These comments are due no later than                                                              Estimated
                                                                                                                                                      weighted-   is 90 days before the publication of this
                                                    November 6, 2017. Rebuttal comments                                                                average    notice.
                                                    will be due no later than November 13,                        Exporter/producer                   dumping         The Department normally adjusts
                                                    2017. For a summary of the product                                                                 margin     cash    deposits for estimated antidumping
                                                    coverage comments submitted on the                                                                (percent)
                                                                                                                                                                  duties by the amount of export subsidies
                                                    record of this proceeding, see the
                                                                                                            Simcoa Operations Pty Ltd ..                    20.79 countervailed in a companion
                                                    Preliminary Decision Memorandum.                        All-Others ..............................       20.79 countervailing duty (CVD) proceeding,
                                                    Methodology                                                                                                   when CVD provisional measures are in
                                                                                                            Suspension of Liquidation                             effect. In the concurrent CVD silicon
                                                      The Department is conducting this
                                                                                                               In accordance with section 773(d)(2)               metal investigation, however, the
                                                    investigation in accordance with section
                                                                                                            of the Act, the Department will direct                Department preliminarily did not make
                                                    731 of the Act. The Department has
                                                                                                            U.S. Customs and Border Protection                    an affirmative determination for
                                                    calculated constructed export prices in
                                                                                                            (CBP) to suspend liquidation of subject               countervailable export subsidies.
                                                    accordance with section 772(b) of the
                                                                                                            merchandise as described in the scope                 Therefore, the Department has not offset
                                                    Act. Normal value (NV) is calculated in
                                                                                                            of the investigation section entered, or              the estimated weighted-average
                                                    accordance with section 773 of the Act.
                                                                                                            withdrawn from warehouse, for                         dumping margins by countervailable
                                                    For a full description of the
                                                                                                            consumption on or after the date of                   export subsidies.
                                                    methodology underlying the
                                                    preliminary determination, see the                      publication of this notice in the Federal Disclosure
                                                    Preliminary Decision Memorandum.                        Register, as discussed below. Further,
                                                                                                            pursuant to section 733(d)(1)(B) of the                   The Department intends to disclose
                                                    Preliminary Affirmative Determination                   Act and 19 CFR 351.205(d), the                        its calculations and analysis performed
                                                    of Critical Circumstances                               Department will instruct CBP to require to interested parties in this preliminary
                                                      In accordance with section 733(e) of                  a cash deposit equal to the estimated                 determination within five days of any
                                                    the Act and 19 CFR 351.206, the                         weighted-average dumping margin or                    public announcement or, if there is no
                                                    Department preliminarily finds that                     the estimated all-others rate, as follows: public announcement, within five days
                                                    critical circumstances exist for Simcoa.                (1) The cash deposit rate for the                     of the date of publication of this notice
                                                    For a full description of the                           respondent listed above will be equal to in accordance with 19 CFR 351.224(b).
                                                    methodology and results of the                          the company-specific estimated                        Verification
                                                    Department’s critical circumstances                     weighted-average dumping margin
                                                    analysis, see the Preliminary Decision                  determined in this preliminary                            As provided in section 782(i)(1) of the
                                                    Memorandum.                                             determination; (2) if the exporter is not             Act, the Department intends to verify
                                                                                                            a respondent identified above, but the                the information relied upon in making
                                                    All-Others Rate                                         producer is, then the cash deposit rate               its final determination.
                                                       Sections 733(d)(1)(ii) and 735(c)(5)(A)              will be equal to the company-specific                 Public Comment
                                                    of the Act provide that in the                          estimated weighted-average dumping
                                                    preliminary determination the                           margin established for that producer of                   Case briefs or other written comments
                                                    Department shall determine an                           the subject merchandise; and (3) the                  may be submitted to the Assistant
                                                    estimated all-others rate for all exporters             cash deposit rate for all other producers Secretary for Enforcement and
                                                    and producers not individually                          and exporters will be equal to the all-               Compliance no later than seven days
                                                    examined. This rate shall be an amount                  others estimated weighted-average                     after the date on which the last
                                                    equal to the weighted average of the                    dumping margin. These suspension of                   verification report is issued in this
                                                    estimated weighted-average dumping                      liquidation instructions will remain in               investigation. Rebuttal briefs, limited to
                                                    margins established for exporters and                   effect until further notice.                          issues raised in case briefs, may be
                                                    producers individually investigated,                       Section 733(e)(2) of the Act provides              submitted no later than five days after
                                                    excluding any zero and de minimis                       that, given an affirmative determination the deadline date for case briefs.6
                                                    margins, and any margins determined                     of critical circumstances, any                        Pursuant to 19 CFR 351.309(c)(2) and
                                                                                                            suspension of liquidation shall apply to (d)(2), parties who submit case briefs or
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    entirely under section 776 of the Act.
                                                    The Department calculated an                            unliquidated entries of subject                       rebuttal briefs in this investigation are
                                                    individual estimated weighted-average                   merchandise entered, or withdrawn                     encouraged to submit with each
                                                    dumping margin for Simcoa Operations                    from warehouse, for consumption on or argument: (1) A statement of the issue;
                                                    Pty Ltd. (Simcoa), the only individually                after the later of (a) the date which is 90 (2) a brief summary of the argument;
                                                    examined exporter/producer in this                      days before the date on which the                     and (3) a table of authorities.
                                                    investigation. Because the only                         suspension of liquidation was first
                                                    individually calculated dumping margin                  ordered, or (b) the date on which notice                 6 See 19 CFR 351.309; see also 19 CFR 351.303

                                                    is not zero, de minimis, or based                       of initiation of the investigation was                (for general filing requirements).



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                                                                                Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices                                               47473

                                                       Pursuant to 19 CFR 351.310(c),                       will make its final determination no                    C. Cost of Production Analysis
                                                    interested parties who wish to request a                later than 135 days after the date of                   1. Calculation of COP
                                                    hearing, limited to issues raised in the                publication of this preliminary                         2. Test of Comparison Market Sales Prices
                                                    case and rebuttal briefs, must submit a                                                                         3. Results of the COP Test
                                                                                                            determination.
                                                                                                                                                                    D. Calculation of NV Based on
                                                    written request to the Assistant                                                                                   Comparison-Market Prices
                                                                                                            International Trade Commission
                                                    Secretary for Enforcement and                                                                                 X. Currency Conversion
                                                                                                            Notification
                                                    Compliance, U.S. Department of                                                                                XI. Critical Circumstances
                                                    Commerce, within 30 days after the date                    In accordance with section 733(f) of               XII. Conclusion
                                                    of publication of this notice. Requests                 the Act, the Department will notify the
                                                                                                                                                                  [FR Doc. 2017–22067 Filed 10–11–17; 8:45 am]
                                                    should contain the party’s name,                        International Trade Commission (ITC) of
                                                                                                                                                                  BILLING CODE 3510–DS–P
                                                    address, and telephone number, the                      its preliminary determination. If the
                                                    number of participants, whether any                     final determination is affirmative, the
                                                    participant is a foreign national, and a                ITC will determine before the later of                DEPARTMENT OF COMMERCE
                                                    list of the issues to be discussed. If a                120 days after the date of this
                                                    request for a hearing is made, the                      preliminary determination or 45 days                  International Trade Administration
                                                    Department intends to hold the hearing                  after the final determination whether
                                                    at the U.S. Department of Commerce,                     these imports are materially injuring, or
                                                                                                                                                                  [Application No. 03–3A008]
                                                    1401 Constitution Avenue NW.,                           threaten material injury to, the U.S.
                                                    Washington, DC 20230, at a time and                     industry.                                             Export Trade Certificate of Review
                                                    date to be determined. Parties should                   Notification to Interested Parties
                                                    confirm by telephone the date, time, and                                                                      ACTION:Notice of Issuance of an
                                                    location of the hearing two days before                   This determination is issued and                    amended Export Trade Certificate of
                                                    the scheduled date.                                     published in accordance with sections                 Review to California Pistachio Export
                                                                                                            733(f) and 777(i)(1) of the Act and 19                Council (‘‘CPEC’’), Application No. 03–
                                                    Postponement of Final Determination                     CFR 351.205(c).                                       3A008.
                                                    and Extension of Provisional Measures
                                                                                                              Dated: October 4, 2017.
                                                       Section 735(a)(2) of the Act provides                Gary Taverman,                                        SUMMARY:    The U.S. Department of
                                                    that a final determination may be                       Deputy Assistant Secretary for Antidumping
                                                                                                                                                                  Commerce issued an amended Export
                                                    postponed until not later than 135 days                 and Countervailing Duty Operations,                   Trade Certificate of Review to CPEC on
                                                    after the date of the publication of the                performing the non-exclusive functions and            October 5, 2017.
                                                    preliminary determination if, in the                    duties of the Assistant Secretary for                 FOR FURTHER INFORMATION CONTACT:
                                                    event of an affirmative preliminary                     Enforcement and Compliance.                           Joseph E. Flynn, Director, Office of
                                                    determination, a request for such                       Appendix I                                            Trade and Economic Analysis
                                                    postponement is made by exporters who                                                                         (‘‘OTEA’’), International Trade
                                                    account for a significant proportion of                 Scope of the Investigation                            Administration, by telephone at (202)
                                                    exports of the subject merchandise, or in                  The scope of this investigation covers all         482–5131 (this is not a toll-free number)
                                                    the event of a negative preliminary                     forms and sizes of silicon metal, including           or email at etca@trade.gov.
                                                    determination, a request for such                       silicon metal powder. Silicon metal contains
                                                                                                            at least 85.00 percent but less than 99.99            SUPPLEMENTARY INFORMATION: Title III of
                                                    postponement is made by the petitioner.                                                                       the Export Trading Company Act of
                                                                                                            percent silicon, and less than 4.00 percent
                                                    Section 351.210(e)(2) of the                            iron, by actual weight. Semiconductor grade           1982 (15 U.S.C. Sections 4001–21)
                                                    Department’s regulations requires that a                silicon (merchandise containing at least              authorizes the Secretary of Commerce to
                                                    request by exporters for postponement                   99.99 percent silicon by actual weight and            issue Export Trade Certificates of
                                                    of the final determination be                           classifiable under Harmonized Tariff                  Review. The regulations implementing
                                                    accompanied by a request for extension                  Schedule of the United States (HTSUS)
                                                                                                                                                                  Title III are found at 15 CFR part 325
                                                    of provisional measures from a four-                    subheading 2804.61.0000) is excluded from
                                                                                                            the scope of this investigation.                      (2016). OTEA is issuing this notice
                                                    month period to a period not more than                                                                        pursuant to 15 CFR 325.6(b), which
                                                                                                               Silicon metal is currently classifiable
                                                    six months in duration.                                                                                       requires the Secretary of Commerce to
                                                                                                            under subheadings 2804.69.1000 and
                                                       On September 13, 2017, pursuant to                   2804.69.5000 of the HTSUS. While HTSUS                publish a summary of the certification
                                                    19 CFR 351.210(e), Simcoa requested                     numbers are provided for convenience and              in the Federal Register. Under Section
                                                    that the Department postpone the final                  customs purposes, the written description of          305(a) of the Act and 15 CFR 325.11(a),
                                                    determination and that provisional                      the scope remains dispositive.                        any person aggrieved by the Secretary’s
                                                    measures be extended to a period not to                                                                       determination may, within 30 days of
                                                    exceed six months.7 In accordance with                  Appendix II
                                                                                                                                                                  the date of this notice, bring an action
                                                    section 735(a)(2)(A) of the Act and 19                  List of Topics Discussed in the Preliminary           in any appropriate district court of the
                                                    CFR 351.210(b)(2)(ii), because: (1) The                 Decision Memorandum
                                                                                                                                                                  United States to set aside the
                                                    preliminary determination is                            I. Summary                                            determination on the ground that the
                                                    affirmative; (2) the requesting exporter                II. Background
                                                                                                                                                                  determination is erroneous.
                                                    accounts for a significant proportion of                III. Period of Investigation
                                                    exports of the subject merchandise; and                 IV. Scope Comments                                    Description of Amended Certificate
                                                    (3) no compelling reasons for denial                    V. Discussion of the Methodology
                                                                                                                                                                    CPEC’s Export Trade Certificate of
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                               A. Determination of the Comparison
                                                    exist, the Department is postponing the                       Method                                          Review has been amended to:
                                                    final determination and extending the                      B. Results of the Differential Pricing             • Remove Horizon Marketing Agency in
                                                    provisional measures from a four-month                        Analysis                                          Common Cooperative Inc. as a
                                                    period to a period not greater than six                 VI. Date of Sale
                                                                                                                                                                    Member
                                                    months. Accordingly, the Department                     VII. Product Comparisons
                                                                                                            VIII. Constructed Export Price                        • Add the following new Members:
                                                      7 See Letter from Simcoa, ‘‘Silicon Metal from        IX. Normal Value                                        Æ Arizona Nut Company, LLC
                                                    Australia: Request for Postponement of Final               A. Home Market Viability                               (controlling entity A&P Ranch, L.P.)
                                                    Determination,’’ dated September 13, 2017.                 B. Level of Trade                                    Æ Horizon Growers Cooperative, Inc.


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Document Created: 2018-10-25 10:05:22
Document Modified: 2018-10-25 10:05:22
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
DatesApplicable October 12, 2017.
ContactBrian Smith or Denisa Ursu, 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) 482-1766 or (202) 482-2285, respectively.
FR Citation82 FR 47471 

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