82_FR_47671 82 FR 47475 - Silicon Metal From Norway: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Preliminary Determination of No Shipments, Postponement of Final Determination, and Extension of Provisional Measures

82 FR 47475 - Silicon Metal From Norway: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Preliminary Determination of No Shipments, 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 Range47475-47477
FR Document2017-22065

The Department of Commerce (the Department) preliminarily determines that silicon metal from Norway 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 47475-47477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22065]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-403-805]


Silicon Metal From Norway: Preliminary Affirmative Determination 
of Sales at Less Than Fair Value, Preliminary Negative Determination of 
Critical Circumstances, Preliminary Determination of No Shipments, 
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 Norway 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: Brittany Bauer, 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) 482-3860.

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 July 26, 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

[[Page 47476]]

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.
---------------------------------------------------------------------------

    \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 Norway,'' 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 
Norway. 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 
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 export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value 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 Determination of No Sales

    On April 5, 2017, Wacker Chemicals Norway A.S. (Wacker), one of the 
two respondents named in the Initiation Notice, timely filed a 
statement reporting that it had ``no exports, sales, or entries'' of 
subject merchandise to the United States during the POI. Subsequently, 
we received information from U.S. Customs and Border Protection (CBP) 
confirming Wacker's claim that it had no entries of subject merchandise 
during the POI. Based on the foregoing, the Department preliminarily 
determines that Wacker had no sales of subject merchandise during the 
POI, and, therefore, we preliminarily determine not to further examine 
Wacker as part of this investigation. As such, any entries of subject 
merchandise exporterd by Wacker will be subject to the All-Others Rate. 
For additional information regarding this determination, see the 
Preliminary Decision Memorandum.

Preliminary Negative 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 do not 
exist for Elkem, and for all other producers and exporters. 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 Elkem AS (Elkem), 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 Elkem 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)
------------------------------------------------------------------------
Elkem AS................................................            3.74
All-Others..............................................            3.74
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(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 Appendix 
I, entered, or withdrawn from warehouse, for consumption on or after 
the date of publication of this notice in the Federal Register. 
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, 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.

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.

[[Page 47477]]

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).
---------------------------------------------------------------------------

    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 20, 2017, pursuant to 19 CFR 351.210(e), Elkem 
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 Elkem, ``Request for Postponement of Final 
Determination,'' dated September 20, 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. Preliminary Determination of No Sales
VI. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export Price
X. 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
    E. Calculation of NV Based on Constructed Value
XI. Currency Conversion
XII. Critical Circumstances
XIII. Conclusion

[FR Doc. 2017-22065 Filed 10-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices                                                 47475

                                                    by this review. The Department intends                  Notification to Importers                             DEPARTMENT OF COMMERCE
                                                    to issue assessment instructions to CBP
                                                    15 days after the date of publication of                   This notice serves as a final reminder             International Trade Administration
                                                    these final results of review.                          to importers of their responsibility
                                                                                                                                                                  [A–403–805]
                                                    Accordingly, we will instruct CBP to                    under 19 CFR 351.402(f)(2) to file a
                                                    liquidate the entries reported by                       certificate regarding the reimbursement               Silicon Metal From Norway:
                                                    Baoding Mantong without regard to                       of antidumping duties prior to                        Preliminary Affirmative Determination
                                                    antidumping duties. The Department                      liquidation of the relevant entries                   of Sales at Less Than Fair Value,
                                                    also intends to instruct CBP to liquidate               during this period of review. Failure to              Preliminary Negative Determination of
                                                    entries of subject merchandise from the                 comply with this requirement could                    Critical Circumstances, Preliminary
                                                    exporters identified above as being part                result in the Department’s presumption                Determination of No Shipments,
                                                    of the PRC-wide entity (including                       that reimbursement of antidumping                     Postponement of Final Determination,
                                                                                                            duties occurred and the subsequent                    and Extension of Provisional Measures
                                                    Huayang Chemical) at the PRC-wide
                                                    rate, i.e., 453.79 percent.                             assessment of double antidumping                      AGENCY:   Enforcement and Compliance,
                                                                                                            duties.                                               International Trade Administration,
                                                       Pursuant to a refinement in the
                                                    Department’s non-market economy                         Notification Regarding Administrative                 Department of Commerce.
                                                    practice, for entries that were not                     Protective Order                                      SUMMARY: The Department of Commerce
                                                    reported in the U.S. sales databases                                                                          (the Department) preliminarily
                                                                                                              This notice also serves as a final                  determines that silicon metal from
                                                    submitted by companies individually
                                                                                                            reminder to parties subject to                        Norway is being, or is likely to be, sold
                                                    examined during this review, the
                                                                                                            administrative protective order (APO) of              in the United States at less than fair
                                                    Department will instruct CBP to
                                                                                                            their responsibility concerning the                   value (LTFV). The period of
                                                    liquidate such entries at the PRC-wide
                                                                                                            return or destruction of proprietary                  investigation (POI) is January 1, 2016,
                                                    rate.6 Additionally, if the Department                                                                        through December 31, 2016.
                                                                                                            information disclosed under APO in
                                                    determines that an exporter had no
                                                                                                            accordance with 19 CFR 351.305(a)(3),                 DATES: Applicable October 12, 2017.
                                                    shipments of the subject merchandise,
                                                                                                            which continues to govern business                    FOR FURTHER INFORMATION CONTACT:
                                                    any suspended entries that entered
                                                                                                            proprietary information in this segment               Brittany Bauer, AD/CVD Operations,
                                                    under that exporter’s case number (i.e.,
                                                                                                            of the proceeding. Timely written                     Office II, Enforcement and Compliance,
                                                    at that exporter’s rate) will be liquidated                                                                   International Trade Administration,
                                                                                                            notification of the return or destruction
                                                    at the PRC-wide rate.7                                                                                        U.S. Department of Commerce, 1401
                                                                                                            of APO materials, or conversion to
                                                    Cash Deposit Requirements                               judicial protective order, is hereby                  Constitution Avenue NW., Washington,
                                                                                                            requested. Failure to comply with the                 DC 20230; telephone: (202) 482–3860.
                                                      The following cash deposit                            regulations and terms of an APO is a                  SUPPLEMENTARY INFORMATION:
                                                    requirements will be effective for all                  sanctionable violation.
                                                    shipments of subject merchandise                                                                              Background
                                                    entered, or withdrawn from warehouse,                     We are issuing and publishing these                    This preliminary determination is
                                                    for consumption on or after the                         results and this notice in accordance                 made in accordance with section 733(b)
                                                    publication date of the final results of                with sections 751(a)(1) and 777(i) of the             of the Tariff Act of 1930, as amended
                                                    this administrative review, as provided                 Act.                                                  (the Act). The Department published the
                                                    by section 751(a)(2)(C) of the Act: (1)                   Dated: October 4, 2017.                             notice of initiation of this investigation
                                                    For Baoding Mantong and other                                                                                 on April 4, 2017.1 On July 26, 2017, the
                                                                                                            Gary Taverman,
                                                    previously investigated or reviewed PRC                                                                       Department postponed the preliminary
                                                                                                            Deputy Assistant Secretary for Antidumping            determination of this investigation, and
                                                    and non-PRC exporters which are not                     and Countervailing Duty Operations
                                                    under review in this segment of the                                                                           the revised deadline is now October 4,
                                                                                                            performing the non-exclusive functions and
                                                    proceeding but received a separate rate                                                                       2017.2 For a complete description of the
                                                                                                            duties of the Assistant Secretary for
                                                                                                                                                                  events that followed the initiation of
                                                    in a previous segment, the cash deposit                 Enforcement and Compliance.
                                                                                                                                                                  this investigation, see the Preliminary
                                                    rate will continue to be the exporter-
                                                                                                            Appendix I                                            Decision Memorandum.3 A list of topics
                                                    specific rate published for the most
                                                                                                                                                                  included in the Preliminary Decision
                                                    recently-completed period; (2) for all                  List of Topics Discussed in the Final Issues
                                                                                                                                                                  Memorandum is included as Appendix
                                                    PRC exporters of subject merchandise                    and Decision Memorandum
                                                                                                                                                                  II to this notice. The Preliminary
                                                    which have not been found to be                         I. Summary                                            Decision Memorandum is a public
                                                    entitled to a separate rate, the cash                   II. List of Issues                                    document and is on file electronically
                                                    deposit rate will be that for the PRC-                  III. Background                                       via Enforcement and Compliance’s
                                                    wide entity (i.e., 453.79 percent); and (3)             IV. Scope of the Order                                Antidumping and Countervailing Duty
                                                    for all non-PRC exporters of subject                    V. Discussion of Interested Party Comments
                                                    merchandise which have not received                        Comment 1: Bona Fides of Baoding                      1 See Silicon Metal From Australia, Brazil, and

                                                    their own rate, the cash deposit rate will                    Mantong’s U.S. Sale                             Norway: Initiation of Less-Than-Fair-Value
                                                    be the rate applicable to the PRC                          Comment 2: Moot Arguments Concerning               Investigations, 82 FR 16352 (April 4, 2017)
                                                                                                                                                                  (Initiation Notice).
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    exporter(s) that supplied the non-PRC                         Baoding Mantong’s Margin Calculations
                                                                                                                                                                     2 See Silicon Metal from Australia, Brazil, and
                                                    exporter. These cash deposit                               Comment 3: Assignment of the PRC-Wide
                                                                                                                                                                  Norway: Postponement of Preliminary
                                                                                                                  Rate to Pharm-Rx Following Judicial
                                                    requirements, when imposed, shall                                                                             Determinations in the Less-Than-Fair-Value
                                                                                                                  Review of the Rate                              Investigations, 82 FR 35753 (August 1, 2017).
                                                    remain in effect until further notice.
                                                                                                            VI. Recommendation                                       3 See Memorandum, ‘‘Decision Memorandum for

                                                                                                            [FR Doc. 2017–22068 Filed 10–11–17; 8:45 am]          the Preliminary Determination in the Less-Than-
                                                      6 See Non-Market Economy Antidumping
                                                                                                                                                                  Fair-Value Investigation of Silicon Metal from
                                                    Proceedings: Assessment of Antidumping Duties, 76       BILLING CODE 3510–DS–P                                Norway,’’ dated concurrently with, and hereby
                                                    FR 65694 (October 24, 2011).                                                                                  adopted by, this notice (Preliminary Decision
                                                      7 Id.                                                                                                       Memorandum).



                                               VerDate Sep<11>2014   22:35 Oct 11, 2017   Jkt 244001   PO 00000   Frm 00030   Fmt 4703   Sfmt 4703   E:\FR\FM\12OCN1.SGM   12OCN1


                                                    47476                       Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices

                                                    Centralized Electronic Service System                   preliminary determination, see the                    exporters, pursuant to section
                                                    (ACCESS). ACCESS is available to                        Preliminary Decision Memorandum.                      735(c)(5)(A) of the Act.
                                                    registered users at https://
                                                                                                            Preliminary Determination of No Sales                 Preliminary Determination
                                                    access.trade.gov, and to all parties in the
                                                    Central Records Unit, Room B8024 of                        On April 5, 2017, Wacker Chemicals
                                                                                                                                                                    The Department preliminarily
                                                    the main Department of Commerce                         Norway A.S. (Wacker), one of the two
                                                                                                                                                                  determines that the following estimated
                                                    building. In addition, a complete                       respondents named in the Initiation
                                                                                                                                                                  weighted-average dumping margins
                                                    version of the Preliminary Decision                     Notice, timely filed a statement
                                                                                                                                                                  exist:
                                                    Memorandum can be accessed directly                     reporting that it had ‘‘no exports, sales,
                                                    at http://enforcement.trade.gov/frn/.                   or entries’’ of subject merchandise to the                                                        Estimated
                                                    The signed and the electronic versions                  United States during the POI.                                                                     weighted-
                                                    of the Preliminary Decision                             Subsequently, we received information                          Exporter/producer                   average
                                                                                                            from U.S. Customs and Border                                                                      dumping
                                                    Memorandum are identical in content.                                                                                                                       margin
                                                                                                            Protection (CBP) confirming Wacker’s
                                                    Scope of the Investigation                                                                                                                                (percent)
                                                                                                            claim that it had no entries of subject
                                                                                                            merchandise during the POI. Based on                  Elkem AS ..............................            3.74
                                                      The product covered by this
                                                                                                            the foregoing, the Department                         All-Others ..............................          3.74
                                                    investigation is silicon metal from
                                                                                                            preliminarily determines that Wacker
                                                    Norway. For a complete description of
                                                                                                            had no sales of subject merchandise                   Suspension of Liquidation
                                                    the scope of this investigation, see
                                                                                                            during the POI, and, therefore, we
                                                    Appendix I.
                                                                                                            preliminarily determine not to further                   In accordance with section 733(d)(2)
                                                    Scope Comments                                          examine Wacker as part of this                        of the Act, the Department will direct
                                                                                                            investigation. As such, any entries of                U.S. Customs and Border Protection
                                                       In accordance with the preamble to                   subject merchandise exporterd by                      (CBP) to suspend liquidation of entries
                                                    the Department’s regulations,4 the                      Wacker will be subject to the All-Others              of subject merchandise, as described in
                                                    Initiation Notice set aside a period of                 Rate. For additional information                      Appendix I, entered, or withdrawn from
                                                    time for parties to raise issues regarding              regarding this determination, see the                 warehouse, for consumption on or after
                                                    product coverage (i.e., scope).5 Certain                Preliminary Decision Memorandum.                      the date of publication of this notice in
                                                    interested parties commented on the                                                                           the Federal Register. Further, pursuant
                                                    scope of the investigation as it appeared               Preliminary Negative Determination of
                                                                                                                                                                  to section 733(d)(1)(B) of the Act and 19
                                                    in the Initiation Notice. After evaluating              Critical Circumstances
                                                                                                                                                                  CFR 351.205(d), the Department will
                                                    these comments, the Department                            In accordance with section 733(e) of                instruct CBP to require a cash deposit
                                                    preliminarily determines that modifying                 the Act and 19 CFR 351.206, the                       equal to the estimated weighted-average
                                                    the scope language as it appeared in the                Department preliminarily finds that                   dumping margin, as follows: (1) The
                                                    Initiation Notice is not warranted. See                 critical circumstances do not exist for               cash deposit rate for the respondent
                                                    the scope in Appendix I to this notice.                 Elkem, and for all other producers and                listed above will be equal to the
                                                    However, the Department is inviting                     exporters. For a full description of the              company-specific estimated weighted-
                                                    comment on one of the issues raised:                    methodology and results of the                        average dumping margin determined in
                                                    The appropriate calculation                             Department’s critical circumstances                   this preliminary determination; (2) if the
                                                    methodology for determining the silicon                 analysis, see the Preliminary Decision                exporter is not a respondent identified
                                                    content of out-of-scope products (i.e.,                 Memorandum.                                           above, but the producer is, then the cash
                                                    silicon metal with a silicon content in                                                                       deposit rate will be equal to the
                                                    excess of 99.99 percent), and,                          All-Others Rate
                                                                                                                                                                  company-specific estimated weighted-
                                                    specifically, which impurities should be                  Sections 733(d)(1)(ii) and 735(c)(5)(A)             average dumping margin established for
                                                    taken into account in that calculation.                 of the Act provide that in the                        that producer of the subject
                                                    These comments are due no later than                    preliminary determination the                         merchandise; and (3) the cash deposit
                                                    November 6, 2017. Rebuttal comments                     Department shall determine an                         rate for all other producers and
                                                    will be due no later than November 13,                  estimated all-others rate for all exporters           exporters will be equal to the all-others
                                                    2017. For a summary of the product                      and producers not individually                        estimated weighted-average dumping
                                                    coverage comments submitted on the                      examined. This rate shall be an amount                margin. These suspension of liquidation
                                                    record of this proceeding, see the                      equal to the weighted average of the                  instructions will remain in effect until
                                                    Preliminary Decision Memorandum.                        estimated weighted-average dumping                    further notice.
                                                                                                            margins established for exporters and
                                                    Methodology                                                                                                   Disclosure
                                                                                                            producers individually investigated,
                                                      The Department is conducting this                     excluding any zero and de minimis
                                                                                                            margins, and any margins determined                      The Department intends to disclose
                                                    investigation in accordance with section
                                                                                                            entirely under section 776 of the Act.                its calculations and analysis performed
                                                    731 of the Act. The Department has
                                                                                                              The Department calculated an                        to interested parties in this preliminary
                                                    calculated export prices in accordance
                                                                                                            individual estimated weighted-average                 determination within five days of any
                                                    with section 772(a) of the Act.
                                                                                                            dumping margin for Elkem AS (Elkem),                  public announcement or, if there is no
                                                    Constructed export prices have been
                                                                                                                                                                  public announcement, within five days
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    calculated in accordance with section                   the only individually-examined
                                                                                                            exporter/producer in this investigation.              of the date of publication of this notice
                                                    772(b) of the Act. Normal value is
                                                                                                            Because the only individually-                        in accordance with 19 CFR 351.224(b).
                                                    calculated in accordance with section
                                                    773 of the Act. For a full description of               calculated dumping margin is not zero,                Verification
                                                    the methodology underlying the                          de minimis, or based entirely on facts
                                                                                                            otherwise available, the estimated                       As provided in section 782(i)(1) of the
                                                      4 See Antidumping Duties; Countervailing Duties,      weighted-average dumping margin                       Act, the Department intends to verify
                                                    Final Rule, 62 FR 27296, 27323 (May 19, 1997).          calculated for Elkem is the margin                    the information relied upon in making
                                                      5 See Initiation Notice.                              assigned to all-other producers and                   its final determination.


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                                                                                Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices                                               47477

                                                    Public Comment                                             On September 20, 2017, pursuant to                 2804.69.5000 of the HTSUS. While HTSUS
                                                                                                            19 CFR 351.210(e), Elkem requested that               numbers are provided for convenience and
                                                       Case briefs or other written comments                                                                      customs purposes, the written description of
                                                    may be submitted to the Assistant                       the Department postpone the final
                                                                                                                                                                  the scope remains dispositive.
                                                    Secretary for Enforcement and                           determination and that provisional
                                                    Compliance no later than seven days                     measures be extended to a period not to               Appendix II
                                                                                                            exceed six months.7 In accordance with
                                                    after the date on which the last                                                                              List of Topics Discussed in the Preliminary
                                                                                                            section 735(a)(2)(A) of the Act and 19                Decision Memorandum
                                                    verification report is issued in this
                                                                                                            CFR 351.210(b)(2)(ii), because: (1) The
                                                    investigation. Rebuttal briefs, limited to                                                                    I. Summary
                                                                                                            preliminary determination is
                                                    issues raised in case briefs, may be                                                                          II. Background
                                                                                                            affirmative; (2) the requesting exporter              III. Period of Investigation
                                                    submitted no later than five days after
                                                                                                            accounts for a significant proportion of              IV. Scope Comments
                                                    the deadline date for case briefs.6
                                                                                                            exports of the subject merchandise; and               V. Preliminary Determination of No Sales
                                                    Pursuant to 19 CFR 351.309(c)(2) and
                                                                                                            (3) no compelling reasons for denial                  VI. Discussion of the Methodology
                                                    (d)(2), parties who submit case briefs or                                                                        A. Determination of the Comparison
                                                                                                            exist, the Department is postponing the
                                                    rebuttal briefs in this investigation are                                                                           Method
                                                                                                            final determination and extending the
                                                    encouraged to submit with each                                                                                   B. Results of the Differential Pricing
                                                                                                            provisional measures from a four-month
                                                    argument: (1) A statement of the issue;                 period to a period not greater than six
                                                                                                                                                                        Analysis
                                                    (2) a brief summary of the argument;                                                                          VII. Date of Sale
                                                                                                            months. Accordingly, the Department                   VIII. Product Comparisons
                                                    and (3) a table of authorities.                         will make its final determination no
                                                       Pursuant to 19 CFR 351.310(c),                                                                             IX. Export Price and Constructed Export
                                                                                                            later than 135 days after the date of                       Price
                                                    interested parties who wish to request a                publication of this preliminary                       X. Normal Value
                                                    hearing, limited to issues raised in the                determination.                                           A. Home Market Viability
                                                    case and rebuttal briefs, must submit a                                                                          B. Level of Trade
                                                    written request to the Assistant                        International Trade Commission                           C. Cost of Production Analysis
                                                    Secretary for Enforcement and                           Notification                                             1. Calculation of COP
                                                    Compliance, U.S. Department of                             In accordance with section 733(f) of                  2. Test of Comparison Market Sales Prices
                                                    Commerce, within 30 days after the date                                                                          3. Results of the COP Test
                                                                                                            the Act, the Department will notify the                  D. Calculation of NV Based on Comparison
                                                    of publication of this notice. Requests                 International Trade Commission (ITC) of                     Market Prices
                                                    should contain the party’s name,                        its preliminary determination. If the                    E. Calculation of NV Based on Constructed
                                                    address, and telephone number, the                      final determination is affirmative, the                     Value
                                                    number of participants, whether any                     ITC will determine before the later of                XI. Currency Conversion
                                                    participant is a foreign national, and a                120 days after the date of this                       XII. Critical Circumstances
                                                    list of the issues to be discussed. If a                preliminary determination or 45 days                  XIII. Conclusion
                                                    request for a hearing is made, the                      after the final determination whether                 [FR Doc. 2017–22065 Filed 10–11–17; 8:45 am]
                                                    Department intends to hold the hearing                  these imports are materially injuring, or             BILLING CODE 3510–DS–P
                                                    at the U.S. Department of Commerce,                     threaten material injury to, the U.S.
                                                    1401 Constitution Avenue NW.,                           industry.
                                                    Washington, DC 20230, at a time and                                                                           DEPARTMENT OF COMMERCE
                                                    date to be determined. Parties should                   Notification to Interested Parties
                                                    confirm by telephone the date, time, and                  This determination is issued and                    International Trade Administration
                                                    location of the hearing two days before                 published in accordance with sections                 [A–489–815]
                                                    the scheduled date.                                     733(f) and 777(i)(1) of the Act and 19
                                                                                                            CFR 351.205(c).                                       Light-Walled Rectangular Pipe and
                                                    Postponement of Final Determination                                                                           Tube: Final Results of Antidumping
                                                    and Extension of Provisional Measures                     Dated: October 4, 2017.
                                                                                                            Gary Taverman,                                        Duty Administrative Review and Final
                                                       Section 735(a)(2) of the Act provides                Deputy Assistant Secretary for Antidumping            Determination of No Shipments; 2015–
                                                    that a final determination may be                       and Countervailing Duty Operations                    2016
                                                    postponed until not later than 135 days                 performing the non-exclusive functions and            AGENCY:  Enforcement and Compliance,
                                                    after the date of the publication of the                duties of the Assistant Secretary for
                                                                                                                                                                  International Trade Administration,
                                                    preliminary determination if, in the                    Enforcement and Compliance.
                                                                                                                                                                  Department of Commerce.
                                                    event of an affirmative preliminary                     Appendix I
                                                    determination, a request for such                                                                             SUMMARY: On June 6, 2017, the
                                                    postponement is made by exporters who                   Scope of the Investigation                            Department of Commerce (Department)
                                                    account for a significant proportion of                    The scope of this investigation covers all         published the preliminary results of the
                                                    exports of the subject merchandise, or in               forms and sizes of silicon metal, including           2015–2016 administrative review (AR)
                                                    the event of a negative preliminary                     silicon metal powder. Silicon metal contains          of the antidumping duty (AD) order on
                                                    determination, a request for such                       at least 85.00 percent but less than 99.99            light-walled rectangular pipe and tube
                                                                                                            percent silicon, and less than 4.00 percent           (LWRPT) from Turkey for the period
                                                    postponement is made by the petitioner.                 iron, by actual weight. Semiconductor grade
                                                    Section 351.210(e)(2) of the                                                                                  May 1, 2015, through April 30, 2016
                                                                                                            silicon (merchandise containing at least              (POR). Based on our analysis of the
                                                    Department’s regulations requires that a                99.99 percent silicon by actual weight and
                                                                                                                                                                  comments received, we made changes to
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    request by exporters for postponement                   classifiable under Harmonized Tariff
                                                    of the final determination be                           Schedule of the United States (HTSUS)                 the margin calculations for the final
                                                    accompanied by a request for extension                  subheading 2804.61.0000) is excluded from             results of this AR. The final weighted-
                                                    of provisional measures from a four-                    the scope of this investigation.                      average dumping margins are listed
                                                                                                               Silicon metal is currently classifiable            below in the ‘‘Final Results of Review’’
                                                    month period to a period not more than                  under subheadings 2804.69.1000 and
                                                    six months in duration.                                                                                       section of this notice.
                                                                                                              7 See Letter from Elkem, ‘‘Request for
                                                                                                                                                                  DATES: Applicable October 12, 2017.
                                                      6 See 19 CFR 351.309; see also 19 CFR 351.303         Postponement of Final Determination,’’ dated          FOR FURTHER INFORMATION CONTACT:
                                                    (for general filing requirements).                      September 20, 2017.                                   Jonathan Hill, AD/CVD Operations,


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Document Created: 2018-10-25 10:06:04
Document Modified: 2018-10-25 10:06:04
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.
ContactBrittany Bauer, 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) 482-3860.
FR Citation82 FR 47475 

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