82 FR 49848 - Silicon Metal From Australia, Brazil, Kazakhstan, and Norway; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 207 (October 27, 2017)

Page Range		49848-49849
FR Document		2017-23363

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-567-569 and 731-TA-1343-1345 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of silicon metal, provided for in subheadings 2804.69.1000 and 2804.69.5000 of the Harmonized Tariff Schedule of the United States, from Australia, Brazil, and Norway preliminarily determined by the Department of Commerce to be sold at less than fair value, and imports of silicon metal preliminarily determined to be subsidized by the governments of Australia, Brazil, and Kazakhstan.

Federal Register, Volume 82 Issue 207 (Friday, October 27, 2017)

[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49848-49849]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23363]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-567-569 and 731-TA-1343-1345 (Final)]


Silicon Metal From Australia, Brazil, Kazakhstan, and Norway; 
Scheduling of the Final Phase of Countervailing Duty and Antidumping 
Duty Investigations

AGENCY:  United States International Trade Commission.

ACTION:  Notice.

-----------------------------------------------------------------------

SUMMARY:  The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-567-569 and 731-TA-1343-1345 (Final) pursuant to the Tariff Act 
of 1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of silicon metal, provided for in 
subheadings 2804.69.1000 and 2804.69.5000 of the Harmonized Tariff 
Schedule of the United States, from Australia, Brazil, and Norway 
preliminarily determined by the Department of Commerce to be sold at 
less than fair value, and imports of silicon metal preliminarily 
determined to be subsidized by the governments of Australia, Brazil, 
and Kazakhstan.

DATES:  October 12, 2017.

FOR FURTHER INFORMATION CONTACT:  Lawrence Jones ((202) 205-3358), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as follows: ``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.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by the Department of Commerce that certain 
benefits which constitute subsidies within the meaning of section 703 
of the Act (19 U.S.C. 1671b) are being provided to manufacturers, 
producers, or exporters in Australia, Brazil, and Kazakhstan of silicon 
metal, and that such products imported from Australia, Brazil, and 
Norway are being sold in the United States at less than fair value 
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The 
investigations were requested in petitions filed on March 8, 2017, by 
Globe Specialty Metals, Inc., Beverly, Ohio.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.

[[Page 49849]]

    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on February 
1, 2018, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on February 
15, 2018, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before February 9, 2018. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on February 13, 2018, at the U.S. International Trade Commission 
Building, if deemed necessary. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is February 8, 2018. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is February 22, 2018. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before February 22, 2018. On March 19, 2018, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before March 21, 2018, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on E-Filing, 
available on the Commission's Web site at https://edis.usitc.gov, 
elaborates upon the Commission's rules with respect to electronic 
filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority:  These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: October 23, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23363 Filed 10-26-17; 8:45 am]
 BILLING CODE 7020-02-P

49848 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices

Claims are not invalid under 35 U.S.C. INTERNATIONAL TRADE percent silicon, and less than 4.00
101. On July 13, 2017, the parties each COMMISSION percent iron, by actual weight.
filed a timely response to the petitions Semiconductor grade silicon
[Investigation Nos. 701–TA–567–569 and
for review. On July 24, 2017, 731–TA–1343–1345 (Final)]
(merchandise containing at least 99.99
Respondents filed their public interest percent silicon by actual weight and
comments pursuant to Commission Rule Silicon Metal From Australia, Brazil, classifiable under Harmonized Tariff
210.50(a)(4). Two days later, Neology Kazakhstan, and Norway; Scheduling Schedule of the United States (HTSUS)
filed a response to Respondents’ public of the Final Phase of Countervailing subheading 2804.61.0000) is excluded
interest comments. The Commission Duty and Antidumping Duty from the scope of this investigation.
also received public interest comments Investigations Silicon metal is currently classifiable
from multiple non-parties. under subheadings 2804.69.1000 and
On August 16, 2017, the Commission AGENCY: United States International 2804.69.5000 of the HTSUS. While
determined to review-in-part the final Trade Commission. HTSUS numbers are provided for
ID. Specifically, the Commission ACTION: Notice. convenience and customs purposes, the
determined to review the following written description of the scope remains
SUMMARY: The Commission hereby gives dispositive.’’
findings in the final ID: (1) The Asserted
notice of the scheduling of the final
Claims are not entitled to claim priority Background.—The final phase of
phase of antidumping and
to an earlier filing date; (2) the Asserted these investigations is being scheduled
countervailing duty investigation Nos.
Claims are invalid under 35 U.S.C. 102, pursuant to sections 705(b) and 731(b)
701–TA–567–569 and 731–TA–1343–
103, and/or 112; (3) the Asserted Claims of the Tariff Act of 1930 (19 U.S.C.
1345 (Final) pursuant to the Tariff Act
are not invalid under 35 U.S.C. 101; and 1671d(b) and 1673d(b)), as a result of
of 1930 (‘‘the Act’’) to determine
(4) Neology has satisfied the economic affirmative preliminary determinations
whether an industry in the United
prong of the domestic industry by the Department of Commerce that
States is materially injured or
requirement with respect to the ’436 certain benefits which constitute
threatened with material injury, or the
patent. The Commission requested subsidies within the meaning of section
establishment of an industry in the
briefing from the parties on certain 703 of the Act (19 U.S.C. 1671b) are
United States is materially retarded, by
issues under review. The Commission being provided to manufacturers,
reason of imports of silicon metal,
did not solicit briefing from the parties producers, or exporters in Australia,
provided for in subheadings
and from the public on the issues of Brazil, and Kazakhstan of silicon metal,
2804.69.1000 and 2804.69.5000 of the
remedy, bonding, and the public and that such products imported from
Harmonized Tariff Schedule of the
interest. Australia, Brazil, and Norway are being
United States, from Australia, Brazil,
Having reviewed the parties’ sold in the United States at less than fair
and Norway preliminarily determined
submissions and the record evidence, value within the meaning of section 733
by the Department of Commerce to be
the Commission has determined to of the Act (19 U.S.C. 1673b). The
sold at less than fair value, and imports
affirm, with modified reasoning, the ID’s investigations were requested in
of silicon metal preliminarily
finding of no violation of section 337 by petitions filed on March 8, 2017, by
determined to be subsidized by the
the Respondents in connection with the Globe Specialty Metals, Inc., Beverly,
governments of Australia, Brazil, and
Asserted Claims because Respondents Ohio.
Kazakhstan.
have shown that the Asserted Claims are For further information concerning
invalid under 35 U.S.C. 102, 103 and/ DATES: October 12, 2017. the conduct of this phase of the
or 112. The Commission has also FOR FURTHER INFORMATION CONTACT: investigations, hearing procedures, and
determined to affirm with modifications Lawrence Jones ((202) 205–3358), Office rules of general application, consult the
the ID’s finding that the Asserted Claims of Investigations, U.S. International Commission’s Rules of Practice and
are not entitled to claim priority to an Trade Commission, 500 E Street SW., Procedure, part 201, subparts A and B
earlier filing date. The Commission has Washington, DC 20436. Hearing- (19 CFR part 201), and part 207,
further determined to take no position impaired persons can obtain subparts A and C (19 CFR part 207).
on the ID’s findings that the Asserted information on this matter by contacting Participation in the investigations and
Claims are directed at patent eligible the Commission’s TDD terminal on 202– public service list.—Persons, including
subject matter under 35 U.S.C. 101 and 205–1810. Persons with mobility industrial users of the subject
that Neology has satisfied the economic impairments who will need special merchandise and, if the merchandise is
prong of the domestic industry assistance in gaining access to the sold at the retail level, representative
requirement with respect to the ’436 Commission should contact the Office consumer organizations, wishing to
patent. A Commission opinion will be of the Secretary at 202–205–2000. participate in the final phase of these
issued shortly. General information concerning the investigations as parties must file an
The authority for the Commission’s Commission may also be obtained by entry of appearance with the Secretary
determination is contained in section accessing its internet server (https:// to the Commission, as provided in
337 of the Tariff Act of 1930, as www.usitc.gov). The public record for section 201.11 of the Commission’s
amended, 19 U.S.C. 1337, and in Part these investigations may be viewed on rules, no later than 21 days prior to the
210 of the Commission’s Rules of the Commission’s electronic docket hearing date specified in this notice. A
(EDIS) at https://edis.usitc.gov.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Practice and Procedure, 19 CFR part party that filed a notice of appearance
210. SUPPLEMENTARY INFORMATION: during the preliminary phase of the
Scope.—For purposes of these investigations need not file an
By order of the Commission.
investigations, the Department of additional notice of appearance during
Issued: October 23, 2017. this final phase. The Secretary will
Commerce has defined the subject
Lisa R. Barton, merchandise as follows: ‘‘all forms and maintain a public service list containing
Secretary to the Commission. sizes of silicon metal, including silicon the names and addresses of all persons,
[FR Doc. 2017–23366 Filed 10–26–17; 8:45 am] metal powder. Silicon metal contains at or their representatives, who are parties
BILLING CODE 7020–02–P least 85.00 percent but less than 99.99 to the investigations.

VerDate Sep<11>2014 17:54 Oct 26, 2017 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1

Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 49849

Limited disclosure of business provisions of section 207.25 of the INTERNATIONAL TRADE
proprietary information (BPI) under an Commission’s rules. The deadline for COMMISSION
administrative protective order (APO) filing posthearing briefs is February 22,
[Investigation Nos. 701–TA–388, 389, and
and BPI service list.—Pursuant to 2018. In addition, any person who has 391 and 731–TA–817, 818, and 821 (Third
section 207.7(a) of the Commission’s not entered an appearance as a party to Review)]
rules, the Secretary will make BPI the investigations may submit a written
gathered in the final phase of these statement of information pertinent to Cut-to-Length Carbon Steel Plate From
investigations available to authorized the subject of the investigations, India, Indonesia, and Korea; Revised
applicants under the APO issued in the including statements of support or Schedule for the Subject Reviews
investigations, provided that the
opposition to the petition, on or before AGENCY: International Trade
application is made no later than 21
February 22, 2018. On March 19, 2018, Commission.
days prior to the hearing date specified
in this notice. Authorized applicants the Commission will make available to
ACTION: Notice.
must represent interested parties, as parties all information on which they
defined by 19 U.S.C. 1677(9), who are have not had an opportunity to DATES: October 20, 2017.
parties to the investigations. A party comment. Parties may submit final
FOR FURTHER INFORMATION CONTACT:
granted access to BPI in the preliminary comments on this information on or Celia Feldpausch ((202) 205–2387)),
phase of the investigations need not before March 21, 2018, but such final Office of Investigations, U.S.
reapply for such access. A separate comments must not contain new factual International Trade Commission, 500 E
service list will be maintained by the information and must otherwise comply Street SW., Washington, DC 20436.
Secretary for those parties authorized to with section 207.30 of the Commission’s Hearing-impaired persons can obtain
receive BPI under the APO. rules. All written submissions must information on this matter by contacting
Staff report.—The prehearing staff conform with the provisions of section the Commission’s TDD terminal on 202–
report in the final phase of these 201.8 of the Commission’s rules; any 205–1810. Persons with mobility
investigations will be placed in the submissions that contain BPI must also impairments who will need special
nonpublic record on February 1, 2018, conform with the requirements of assistance in gaining access to the
and a public version will be issued sections 201.6, 207.3, and 207.7 of the Commission should contact the Office
thereafter, pursuant to section 207.22 of Commission’s rules. The Commission’s of the Secretary at 202–205–2000.
the Commission’s rules. Handbook on E-Filing, available on the General information concerning the
Hearing.—The Commission will hold
Commission’s Web site at https:// Commission may also be obtained by
a hearing in connection with the final
edis.usitc.gov, elaborates upon the accessing its Internet server (https://
phase of these investigations beginning
Commission’s rules with respect to www.usitc.gov). The public record for
at 9:30 a.m. on February 15, 2018, at the
electronic filing. this proceeding may be viewed on the
U.S. International Trade Commission
Commission’s electronic docket (EDIS)
Building. Requests to appear at the Additional written submissions to the
at https://edis.usitc.gov.
hearing should be filed in writing with Commission, including requests
the Secretary to the Commission on or SUPPLEMENTARY INFORMATION: On August
pursuant to section 201.12 of the
before February 9, 2018. A nonparty 4, 2017, the Commission established a
Commission’s rules, shall not be
who has testimony that may aid the schedule for the conduct of full reviews
accepted unless good cause is shown for
Commission’s deliberations may request (82 FR 37465, August 10, 2017). In light
accepting such submissions, or unless of overlapping Commission
permission to present a short statement the submission is pursuant to a specific
at the hearing. All parties and commitments, the Commission is
request by a Commissioner or revising its schedule in this proceeding.
nonparties desiring to appear at the
Commission staff. The Commission’s new schedule for
hearing and make oral presentations
should participate in a prehearing In accordance with sections 201.16(c) the full reviews is as follows: The
conference to be held on February 13, and 207.3 of the Commission’s rules, prehearing staff report will be placed in
2018, at the U.S. International Trade each document filed by a party to the the nonpublic record on December 12,
Commission Building, if deemed investigations must be served on all 2017; the deadline for filing prehearing
necessary. Oral testimony and written other parties to the investigations (as briefs is December 21, 2017; requests to
materials to be submitted at the public identified by either the public or BPI appear at the hearing must be filed with
hearing are governed by sections service list), and a certificate of service the Secretary to the Commission not
201.6(b)(2), 201.13(f), and 207.24 of the must be timely filed. The Secretary will later than December 22, 2017; the
Commission’s rules. Parties must submit not accept a document for filing without prehearing conference will be held at
any request to present a portion of their a certificate of service. the U.S. International Trade
hearing testimony in camera no later Commission Building on January 3,
than 7 business days prior to the date of Authority: These investigations are being 2018, if deemed necessary; the hearing
the hearing. conducted under authority of title VII of the will be held at the U.S. International
Written submissions.—Each party Tariff Act of 1930; this notice is published Trade Commission Building at 9:30 a.m.
who is an interested party shall submit pursuant to section 207.21 of the on January 4, 2018; the deadline for
a prehearing brief to the Commission. Commission’s rules. filing posthearing briefs is January 12,
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Prehearing briefs must conform with the By order of the Commission. 2018; the Commission will make its
provisions of section 207.23 of the Issued: October 23, 2017. final release of information on February
Commission’s rules; the deadline for Lisa R. Barton, 5, 2018; and final party comments are
filing is February 8, 2018. Parties may due on February 7, 2018.
Secretary to the Commission.
also file written testimony in connection For further information concerning
with their presentation at the hearing, as [FR Doc. 2017–23363 Filed 10–26–17; 8:45 am] the full reviews see the Commission’s
provided in section 207.24 of the BILLING CODE 7020–02–P notice cited above and the
Commission’s rules, and posthearing Commission’s Rules of Practice and
briefs, which must conform with the Procedure, part 201, subparts A through

VerDate Sep<11>2014 17:54 Oct 26, 2017 Jkt 244001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1

Document Created: 2017-10-27 02:06:10
Document Modified: 2017-10-27 02:06:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		October 12, 2017.
Contact		Lawrence Jones ((202) 205-3358), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
FR Citation		82 FR 49848