83_FR_9875 83 FR 9829 - Silicon Metal From Norway: Affirmative Final Determination of Sales at Less Than Fair Value, Final Determination of No Sales, and Final Negative Determination of Critical Circumstances

83 FR 9829 - Silicon Metal From Norway: Affirmative Final Determination of Sales at Less Than Fair Value, Final Determination of No Sales, and Final Negative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 46 (March 8, 2018)

Page Range9829-9831
FR Document2018-04666

The Department of Commerce (Commerce) determines that imports of silicon metal from Norway are being, or are likely to be, sold in the United States at less than fair value (LTFV). In addition, we determine that critical circumstances do not exist with respect to imports of the subject merchandise. The period of investigation (POI) is January 1, 2016, through December 31, 2016. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 83 Issue 46 (Thursday, March 8, 2018)
[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9829-9831]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04666]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-403-805]


Silicon Metal From Norway: Affirmative Final Determination of 
Sales at Less Than Fair Value, Final Determination of No Sales, and 
Final Negative Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of silicon metal from Norway are being, or are likely to be, sold in 
the United States at less than fair value (LTFV). In addition, we 
determine that critical circumstances do not exist with respect to 
imports of the subject merchandise. The period of investigation (POI) 
is January 1, 2016, through December 31, 2016. The final dumping 
margins of sales at LTFV are listed below in the ``Final 
Determination'' section of this notice.

DATES: Applicable March 8, 2018.

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

    On October 12, 2017, Commerce published the Preliminary 
Determination of sales at LTFV of silicon metal from Norway.\1\ 
Commerce exercised its discretion to toll deadlines affected by the 
closure of the Federal Government from January 20 through 22, 2018. If 
the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final determination of this investigation 
is now February 27, 2018.\2\ A summary of the events that occurred 
since Commerce published the Preliminary Determination, as well as a 
full discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum, 
which is adopted by this notice.\3\
---------------------------------------------------------------------------

    \1\ See 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 (October 12, 2016) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government,'' dated January 23, 2018. All deadlines in 
this segment of the proceeding have been extended by 3 days.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Silicon Metal From Norway,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is silicon metal from 
Norway. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation'' in Appendix I of this notice.

Scope Comments

    During the course of this investigation, Commerce received numerous 
scope comments from interested parties. Prior to the Preliminary 
Determination, Commerce issued a Preliminary Scope Decision Memorandum 
\4\ to address these comments. Since the Preliminary Determination, 
Globe Specialty Metals, Inc., (the petitioner) submitted a case brief 
and interested parties submitted

[[Page 9830]]

rebuttal briefs concerning the limits to silicon content as specified 
in the scope.\5\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Silicon Metal from Australia, Brazil, 
Kazakhstan, and Norway: Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated June 29, 2017 (Preliminary Scope 
Decision Memorandum).
    \5\ These parties include Wacker Chemicals Norway A.S., Elkem 
AS, and the petitioner.
---------------------------------------------------------------------------

    Commerce reviewed these briefs, considered the arguments therein, 
and is not making any additional changes to the scope of the 
investigation. For further discussion, see Commerce's Final Scope 
Decision Memorandum.\6\ The scope in Appendix I reflects the final 
scope language.
---------------------------------------------------------------------------

    \6\ See Memorandum ``Silicon Metal from Australia, Brazil, 
Kazakhstan, and Norway: Final Scope Comments Decision Memorandum,'' 
dated February 27, 2018 (Final Scope Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in either the Final Scope Decision 
Memorandum or the Issues and Decision Memorandum accompanying this 
notice. A list of the issues addressed in the Issues and Decision 
Memorandum is attached to this notice as Appendix II. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and it is available to 
all parties in the Central Records Unit, room B-8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as 
amended, (the Act) in October and November 2017, we conducted 
verification of the sales and cost information submitted by Elkem AS 
(Elkem) for use in our final determination. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by Elkem.\7\ In addition, as provided in section 782(i) of the 
Act, in October 2017, we also verified the no sales claim submitted by 
Wacker Chemicals Norway A.S. (Wacker), using standard verification 
procedures.
---------------------------------------------------------------------------

    \7\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the No Shipment 
Claim of Wacker Chemicals Norway A.S. in the Antidumping Duty 
Investigations of Silicon Metal from Norway,'' dated November 6, 
2017; Memorandum, ``Verification of the Sales Response of Elkem AS 
in the Antidumping Duty Investigation of Silicon Metal from 
Norway,'' dated December 1, 2017; Memorandum, ``Verification of the 
Sales Response of Elkem Materials Inc. in the Antidumping Duty 
Investigation of Silicon Metal from Norway,'' dated December 1, 
2017; and Memorandum, ``Verification of the Cost Response of Elkem 
AS in the Antidumping Duty Investigation of Silicon Metal from 
Norway,'' dated December 7, 2017.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Elkem. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.

Final Determination of No Sales

    As noted in the Preliminary Determination, we preliminarily 
determined that Wacker had no sales of subject merchandise during the 
POI.\8\ In October 2017, we verified the no sales claim submitted by 
Wacker.\9\ After issuing the Preliminary Determination, Commerce 
received no comments from interested parties regarding this issue, and 
has not received any information that would cause it to alter its 
Preliminary Determination. Therefore, because the record indicates that 
Wacker did not sell subject merchandise to the United States, Commerce 
continues to find that Wacker had no sales of subject merchandise 
during the POI.
---------------------------------------------------------------------------

    \8\ See Preliminary Determination, at 47476.
    \9\ See Memorandum, ``Verification of the No Shipment Claim of 
Wacker Chemicals Norway A.S. in the Antidumping Duty Investigation 
of Silicon Metal from Norway,'' dated November 6, 2017.
---------------------------------------------------------------------------

Final Negative Determination of Critical Circumstances

    For the Preliminary Determination, Commerce found that critical 
circumstances do not exist with respect to imports of silicon metal 
from Elkem, as well as ``all other'' producers and exporters of subject 
merchandise.\10\ In this final determination, Commerce continues to 
find that, in accordance with 735(a)(3) of the Act, critical 
circumstances do not exist for Elkem or ``all other'' producers and 
exporters (including Wacker) in this investigation. A discussion of the 
determination can be found in the ``Negative Determination of Critical 
Circumstances'' section of the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \10\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum, at 15-18.
---------------------------------------------------------------------------

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
shall be equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually investigated excluding rates that are zero, de minimis 
margins or determined entirely under section 776 of the Act. Elkem is 
the only respondent for which Commerce calculated an estimated 
weighted-average dumping margin that is not zero, de minimis, or based 
entirely on facts otherwise available. Therefore, for purposes of 
determining the ``all-others'' rate and pursuant to section 
735(c)(5)(A) of the Act, we are using the estimated weighted-average 
dumping margin calculated for Elkem, as referenced in the ``Final 
Determination'' section below.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                        dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Elkem AS................................................            3.22
All Others..............................................            3.22
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, for this final 
determination, we will direct U.S. Customs and Border Protection (CBP) 
to continue to suspend liquidation of all entries of silicon metal from 
Norway, as described in Appendix I of this notice, which are entered, 
or withdrawn from warehouse, for consumption on or after October 12, 
2017, the date of publication in the Federal Register of the 
affirmative Preliminary Determination. Further, we will instruct CBP to 
require a cash deposit equal to the estimated weighted-average dumping 
margins indicated in the chart above.\11\ These suspension of

[[Page 9831]]

liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

    International Trade Commission Notification
    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports, or sales (or the likelihood of 
sales) for importation of silicon metal from Norway no later than 45 
days after this final determination. If the ITC determines that such 
injury does not exist, this proceeding will be terminated and all cash 
deposits will be refunded or canceled. If the ITC determines that such 
injury does exist, Commerce will issue an antidumping duty order 
directing CBP to assess, upon further instruction by Commerce, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation, as discussed above in the 
``Continuation of Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials, or conversion 
to judicial protective order, is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 
351.210(c).

    Dated: February 27, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The scope of this investigation covers all forms and sizes of 
silicon metal, including silicon metal powder. Silicon metal 
contains at least 85.00 percent but less than 99.99 percent silicon, 
and less than 4.00 percent iron, by actual weight. Semiconductor 
grade silicon (merchandise containing at least 99.99 percent silicon 
by actual weight and classifiable under Harmonized Tariff Schedule 
of the United States (HTSUS) 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 Issues and Decision 
Memorandum

I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
    1. Offset Cost of Manufacture for Miscellaneous Income Items
    2. Commerce Should Adjust G&A Expenses to Reflect Total 
Miscellaneous Income
    3. Whether to Calculate the G&A Expense Rate On a Company- or 
Division-Specific Basis
    4. Elkem High Purity Silicon Grades
    5. Constructed Export Price Offset
    6. Weight Basis for International Freight Expenses
    7. Pre-POI Merchandise Storage Costs
    8. Marine Insurance Ministerial Error
    9. Corrections Found at Verification
VII. Recommendation

[FR Doc. 2018-04666 Filed 3-7-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices                                                     9829

                                                motor vehicles, motor vehicle bodies,                   precluding inverted tariff benefits on                Background
                                                stamped body parts, and lithium ion                     such items.                                              On October 12, 2017, Commerce
                                                batteries within FTZ38A. The current                       Public comment is invited from                     published the Preliminary
                                                request would add hybrid passenger                      interested parties. Submissions shall be              Determination of sales at LTFV of
                                                vehicles and foreign-status materials/                  addressed to the Board’s Executive                    silicon metal from Norway.1 Commerce
                                                components to the scope of authority.                   Secretary at the address below. The                   exercised its discretion to toll deadlines
                                                Pursuant to 15 CFR 400.14(b),                           closing period for their receipt is April             affected by the closure of the Federal
                                                additional FTZ authority would be                       17, 2018.                                             Government from January 20 through
                                                limited to the specific foreign-status                     A copy of the notification will be                 22, 2018. If the new deadline falls on a
                                                materials/components and finished                       available for public inspection at the                non-business day, in accordance with
                                                products described in the submitted                     Office of the Executive Secretary,                    Commerce’s practice, the deadline will
                                                notification (as described below) and                   Foreign-Trade Zones Board, Room                       become the next business day. The
                                                subsequently authorized by the FTZ                      21013, U.S. Department of Commerce,                   revised deadline for the final
                                                Board.                                                  1401 Constitution Avenue NW,                          determination of this investigation is
                                                   Production under FTZ procedures                      Washington, DC 20230–0002, and in the                 now February 27, 2018.2 A summary of
                                                could exempt BMW MC from customs                        ‘‘Reading Room’’ section of the Board’s               the events that occurred since
                                                duty payments on the foreign-status                     website, which is accessible via                      Commerce published the Preliminary
                                                materials/components used in export                     www.trade.gov/ftz.                                    Determination, as well as a full
                                                production. On its domestic sales, for                     For further information, contact                   discussion of the issues raised by parties
                                                the foreign-status materials/components                 Juanita Chen at juanita.chen@trade.gov                for this final determination, may be
                                                noted below and in the existing scope                   or 202–482–1378.                                      found in the Issues and Decision
                                                of authority, BMW MC would be able to                                                                         Memorandum, which is adopted by this
                                                choose the duty rates during customs                      Dated: March 1, 2018.
                                                                                                        Andrew McGilvray,                                     notice.3
                                                entry procedures that apply to
                                                previously authorized finished products                 Executive Secretary.                                  Scope of the Investigation
                                                and hybrid passenger vehicles (duty rate                [FR Doc. 2018–04656 Filed 3–7–18; 8:45 am]               The product covered by this
                                                2.5%). BMW MC would be able to avoid                    BILLING CODE 3510–DS–P                                investigation is silicon metal from
                                                duty on foreign-status components                                                                             Norway. For a full description of the
                                                which become scrap/waste. Customs                                                                             scope of this investigation, see the
                                                duties also could possibly be deferred or               DEPARTMENT OF COMMERCE                                ‘‘Scope of the Investigation’’ in
                                                reduced on foreign-status production                                                                          Appendix I of this notice.
                                                equipment.                                              International Trade Administration
                                                   The materials/components sourced                                                                           Scope Comments
                                                from abroad include: Lubricating grease;                [A–403–805]                                              During the course of this
                                                touch-up paint; polyester band; rubber                                                                        investigation, Commerce received
                                                window guides; rubber seals; weather                    Silicon Metal From Norway: Affirmative                numerous scope comments from
                                                and damping strips of non-cellular                      Final Determination of Sales at Less                  interested parties. Prior to the
                                                rubber; tool bags of man-made fibers;                   Than Fair Value, Final Determination of               Preliminary Determination, Commerce
                                                acrylic coated cloth tape; warp knit                    No Sales, and Final Negative                          issued a Preliminary Scope Decision
                                                fabric; seat protectors; mica seals;                    Determination of Critical                             Memorandum 4 to address these
                                                fiberglass heat shields; steel insertion                Circumstances                                         comments. Since the Preliminary
                                                brackets (similar to staples); aluminum                                                                       Determination, Globe Specialty Metals,
                                                alloy tube connectors; aluminum                         AGENCY:   Enforcement and Compliance,
                                                                                                                                                              Inc., (the petitioner) submitted a case
                                                threaded fasteners (such as bolts,                      International Trade Administration,
                                                                                                                                                              brief and interested parties submitted
                                                screws, nuts, washers); cylinder coils;                 Department of Commerce.
                                                gearbox oil coolers; cupholder warmers;                 SUMMARY: The Department of Commerce                      1 See Silicon Metal From Norway: Preliminary

                                                parts of heat exchange units (multi-flow                (Commerce) determines that imports of                 Affirmative Determination of Sales at Less Than
                                                adaptors/connectors used to connect                     silicon metal from Norway are being, or               Fair Value, Preliminary Negative Determination of
                                                                                                                                                              Critical Circumstances, Preliminary Determination
                                                pipes or hoses to the battery cooler                    are likely to be, sold in the United States           of No Shipments, Postponement of Final
                                                assembly); fire extinguishers; car jack                 at less than fair value (LTFV). In                    Determination, and Extension of Provisional
                                                cranks; card readers for common                         addition, we determine that critical                  Measures, 82 FR 47475 (October 12, 2016)
                                                interface (CI) plus card to receive                     circumstances do not exist with respect               (Preliminary Determination) and accompanying
                                                                                                                                                              Preliminary Decision Memorandum.
                                                special television (TV) channels in the                 to imports of the subject merchandise.                   2 See Memorandum for The Record from
                                                vehicle; housed ball bearings; inductors;               The period of investigation (POI) is                  Christian Marsh, Deputy Assistant Secretary for
                                                actuators; Bluetooth antennas; speakers;                January 1, 2016, through December 31,                 Enforcement and Compliance, performing the non-
                                                audio frequency amplifiers; radar                       2016. The final dumping margins of                    exclusive functions and duties of the Assistant
                                                sensors; radios; acoustic warning                       sales at LTFV are listed below in the                 Secretary for Enforcement and Compliance,
                                                                                                                                                              ‘‘Deadlines Affected by the Shutdown of the
                                                signals; LED lighting; integrated lighting              ‘‘Final Determination’’ section of this               Federal Government,’’ dated January 23, 2018. All
                                                circuits; lens TV contour illumination;                 notice.                                               deadlines in this segment of the proceeding have
                                                range-finding sensors; checking/locking                                                                       been extended by 3 days.
                                                                                                        DATES:   Applicable March 8, 2018.                       3 See Memorandum, ‘‘Issues and Decision
                                                fixtures; temperature sensors; weather
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      Memorandum for the Final Affirmative
sradovich on DSK3GMQ082PROD with NOTICES




                                                sensors; oxygen sensors; voltage power                                                                        Determination in the Less-Than-Fair-Value
                                                testers; and, battery sensors (duty rate                Brittany Bauer, AD/CVD Operations,
                                                                                                                                                              Investigation of Silicon Metal From Norway,’’ dated
                                                ranges from duty-free to 17.6%).                        Office II, Enforcement and Compliance,                concurrently with, and hereby adopted by, this
                                                   The request indicates polyester band,                International Trade Administration,                   notice (Issues and Decision Memorandum).
                                                acrylic coated cloth tape, warp knit                    U.S. Department of Commerce, 1401                        4 See Memorandum, ‘‘Silicon Metal from

                                                                                                        Constitution Avenue NW, Washington,                   Australia, Brazil, Kazakhstan, and Norway: Scope
                                                fabric, and seat protectors will be                                                                           Comments Decision Memorandum for the
                                                admitted to the zone in privileged                      DC 20230; telephone: (202) 482–3860.                  Preliminary Determinations,’’ dated June 29, 2017
                                                foreign status (19 CFR 146.41), thereby                 SUPPLEMENTARY INFORMATION:                            (Preliminary Scope Decision Memorandum).



                                           VerDate Sep<11>2014   16:51 Mar 07, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\08MRN1.SGM   08MRN1


                                                9830                           Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices

                                                rebuttal briefs concerning the limits to                addition, as provided in section 782(i)               All-Others Rate
                                                silicon content as specified in the                     of the Act, in October 2017, we also                    Section 735(c)(5)(A) of the Act
                                                scope.5                                                 verified the no sales claim submitted by              provides that the estimated weighted-
                                                   Commerce reviewed these briefs,                      Wacker Chemicals Norway A.S.                          average dumping margin for all other
                                                considered the arguments therein, and                   (Wacker), using standard verification                 producers and exporters shall be equal
                                                is not making any additional changes to                 procedures.                                           to the weighted average of the estimated
                                                the scope of the investigation. For                                                                           weighted-average dumping margins
                                                further discussion, see Commerce’s                      Changes Since the Preliminary
                                                                                                        Determination                                         established for exporters and producers
                                                Final Scope Decision Memorandum.6                                                                             individually investigated excluding
                                                The scope in Appendix I reflects the                       Based on our analysis of the                       rates that are zero, de minimis margins
                                                final scope language.                                   comments received and our findings at                 or determined entirely under section
                                                Analysis of Comments Received                           verification, we made certain changes to              776 of the Act. Elkem is the only
                                                                                                        the margin calculations for Elkem. For                respondent for which Commerce
                                                   All issues raised in the case and                    a discussion of these changes, see the
                                                rebuttal briefs by parties in this                                                                            calculated an estimated weighted-
                                                                                                        ‘‘Margin Calculations’’ section of the                average dumping margin that is not
                                                investigation are addressed in either the               Issues and Decision Memorandum.
                                                Final Scope Decision Memorandum or                                                                            zero, de minimis, or based entirely on
                                                the Issues and Decision Memorandum                      Final Determination of No Sales                       facts otherwise available. Therefore, for
                                                accompanying this notice. A list of the                                                                       purposes of determining the ‘‘all-others’’
                                                                                                           As noted in the Preliminary                        rate and pursuant to section 735(c)(5)(A)
                                                issues addressed in the Issues and                      Determination, we preliminarily
                                                Decision Memorandum is attached to                                                                            of the Act, we are using the estimated
                                                                                                        determined that Wacker had no sales of                weighted-average dumping margin
                                                this notice as Appendix II. The Issues                  subject merchandise during the POI.8 In
                                                and Decision Memorandum is a public                                                                           calculated for Elkem, as referenced in
                                                                                                        October 2017, we verified the no sales                the ‘‘Final Determination’’ section
                                                document and is on file electronically                  claim submitted by Wacker.9 After
                                                via Enforcement and Compliance’s                                                                              below.
                                                                                                        issuing the Preliminary Determination,
                                                Antidumping and Countervailing Duty                     Commerce received no comments from                    Final Determination
                                                Centralized Electronic Service System                   interested parties regarding this issue,                The final estimated weighted-average
                                                (ACCESS). ACCESS is available to                        and has not received any information                  dumping margins are as follows:
                                                registered users at https://                            that would cause it to alter its
                                                access.trade.gov, and it is available to                Preliminary Determination. Therefore,                                                             Weighted-
                                                all parties in the Central Records Unit,                because the record indicates that                                                                  average
                                                room B–8024 of the main Department of                                                                               Exporter or producer                  dumping
                                                                                                        Wacker did not sell subject merchandise                                                            margin
                                                Commerce building. In addition, a                       to the United States, Commerce                                                                    (percent)
                                                complete version of the Issues and                      continues to find that Wacker had no
                                                Decision Memorandum can be accessed                     sales of subject merchandise during the               Elkem AS ..............................            3.22
                                                directly at http://enforcement.trade.gov/               POI.                                                  All Others ..............................          3.22
                                                frn/index.html. The signed and
                                                electronic versions of the Issues and                   Final Negative Determination of                       Disclosure
                                                Decision Memorandum are identical in                    Critical Circumstances
                                                                                                                                                                We will disclose the calculations
                                                content.
                                                                                                           For the Preliminary Determination,                 performed within five days of the date
                                                Verification                                            Commerce found that critical                          of publication of this notice to parties in
                                                  As provided in section 782(i) of the                  circumstances do not exist with respect               this proceeding in accordance with 19
                                                Tariff Act of 1930, as amended, (the Act)               to imports of silicon metal from Elkem,               CFR 351.224(b).
                                                in October and November 2017, we                        as well as ‘‘all other’’ producers and
                                                                                                                                                              Continuation of Suspension of
                                                conducted verification of the sales and                 exporters of subject merchandise.10 In
                                                                                                                                                              Liquidation
                                                cost information submitted by Elkem AS                  this final determination, Commerce
                                                                                                        continues to find that, in accordance                   In accordance with section
                                                (Elkem) for use in our final
                                                                                                        with 735(a)(3) of the Act, critical                   735(c)(1)(B) of the Act, for this final
                                                determination. We used standard
                                                                                                        circumstances do not exist for Elkem or               determination, we will direct U.S.
                                                verification procedures, including an
                                                                                                        ‘‘all other’’ producers and exporters                 Customs and Border Protection (CBP) to
                                                examination of relevant accounting and
                                                                                                        (including Wacker) in this investigation.             continue to suspend liquidation of all
                                                production records, and original source
                                                                                                        A discussion of the determination can                 entries of silicon metal from Norway, as
                                                documents provided by Elkem.7 In
                                                                                                        be found in the ‘‘Negative                            described in Appendix I of this notice,
                                                   5 These parties include Wacker Chemicals             Determination of Critical                             which are entered, or withdrawn from
                                                Norway A.S., Elkem AS, and the petitioner.              Circumstances’’ section of the Issues                 warehouse, for consumption on or after
                                                   6 See Memorandum ‘‘Silicon Metal from
                                                                                                        and Decision Memorandum.                              October 12, 2017, the date of
                                                Australia, Brazil, Kazakhstan, and Norway: Final                                                              publication in the Federal Register of
                                                Scope Comments Decision Memorandum,’’ dated                                                                   the affirmative Preliminary
                                                February 27, 2018 (Final Scope Decision                 Investigation of Silicon Metal from Norway,’’ dated
                                                Memorandum).                                            December 1, 2017; and Memorandum, ‘‘Verification      Determination. Further, we will instruct
                                                   7 For discussion of our verification findings, see   of the Cost Response of Elkem AS in the               CBP to require a cash deposit equal to
                                                the following memoranda: Memorandum,                    Antidumping Duty Investigation of Silicon Metal       the estimated weighted-average
sradovich on DSK3GMQ082PROD with NOTICES




                                                ‘‘Verification of the No Shipment Claim of Wacker       from Norway,’’ dated December 7, 2017.
                                                                                                           8 See Preliminary Determination, at 47476.         dumping margins indicated in the chart
                                                Chemicals Norway A.S. in the Antidumping Duty
                                                Investigations of Silicon Metal from Norway,’’ dated       9 See Memorandum, ‘‘Verification of the No         above.11 These suspension of
                                                November 6, 2017; Memorandum, ‘‘Verification of         Shipment Claim of Wacker Chemicals Norway A.S.
                                                the Sales Response of Elkem AS in the                   in the Antidumping Duty Investigation of Silicon        11 See Modification of Regulations Regarding the

                                                Antidumping Duty Investigation of Silicon Metal         Metal from Norway,’’ dated November 6, 2017.          Practice of Accepting Bonds During the Provisional
                                                from Norway,’’ dated December 1, 2017;                     10 See Preliminary Determination, and              Measures Period in Antidumping and
                                                Memorandum, ‘‘Verification of the Sales Response        accompanying Preliminary Decision Memorandum,         Countervailing Duty Investigations, 76 FR 61042
                                                of Elkem Materials Inc. in the Antidumping Duty         at 15–18.                                             (October 3, 2011).



                                           VerDate Sep<11>2014   16:51 Mar 07, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\08MRN1.SGM    08MRN1


                                                                              Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices                                                    9831

                                                liquidation instructions will remain in                 silicon (merchandise containing at least              SUPPLEMENTARY INFORMATION:
                                                effect until further notice.                            99.99 percent silicon by actual weight and
                                                   International Trade Commission                       classifiable under Harmonized Tariff                  Background
                                                Notification                                            Schedule of the United States (HTSUS)
                                                                                                        subheading 2804.61.0000) is excluded from                The petitioner in this investigation is
                                                   In accordance with section 735(d) of                                                                       Globe Specialty Metals, Inc. In addition
                                                                                                        the scope of this investigation.
                                                the Act, we will notify the International                                                                     to the Government of Kazakhstan, the
                                                                                                           Silicon metal is currently classifiable
                                                Trade Commission (ITC) of the final                     under subheadings 2804.69.1000 and                    mandatory respondent in this
                                                affirmative determination of sales at                   2804.69.5000 of the HTSUS. While HTSUS                investigation is Tau-Ken Temir LLP
                                                LTFV. Because Commerce’s final                          numbers are provided for convenience and              (Tau-Ken Temir).
                                                determination is affirmative, in                        customs purposes, the written description of
                                                accordance with section 735(b)(2) of the                the scope remains dispositive.                           A summary of the events that
                                                Act, the ITC will make its final                                                                              occurred since Commerce published the
                                                                                                        Appendix II—List of Topics Discussed                  Preliminary Determination 1 on August
                                                determination as to whether the
                                                                                                        in the Issues and Decision                            14, 2017, as well as a full discussion of
                                                domestic industry in the United States
                                                                                                        Memorandum                                            the issues raised by parties for this final
                                                is materially injured, or threatened with
                                                material injury, by reason of imports, or               I. Summary                                            determination, may be found in the
                                                sales (or the likelihood of sales) for                  II. Background                                        accompanying Issues and Decision
                                                importation of silicon metal from                       III. Critical Circumstances                           Memorandum, which is hereby adopted
                                                Norway no later than 45 days after this                 IV. Scope of the Investigation                        by this notice.2 The Issues and Decision
                                                                                                        V. Margin Calculations                                Memorandum is a public document and
                                                final determination. If the ITC                         VI. Discussion of the Issues
                                                determines that such injury does not                                                                          is on file electronically via Enforcement
                                                                                                           1. Offset Cost of Manufacture for                  and Compliance’s Antidumping and
                                                exist, this proceeding will be terminated                     Miscellaneous Income Items
                                                and all cash deposits will be refunded                     2. Commerce Should Adjust G&A Expenses
                                                                                                                                                              Countervailing Duty Centralized
                                                or canceled. If the ITC determines that                       to Reflect Total Miscellaneous Income           Electronic Service System (ACCESS).
                                                such injury does exist, Commerce will                      3. Whether to Calculate the G&A Expense            ACCESS is available to registered users
                                                issue an antidumping duty order                               Rate On a Company- or Division-Specific         at http://access.trade.gov, and is
                                                directing CBP to assess, upon further                         Basis                                           available to all parties in the Central
                                                instruction by Commerce, antidumping                       4. Elkem High Purity Silicon Grades                Records Unit, room B8024 of the main
                                                                                                           5. Constructed Export Price Offset                 Department of Commerce building. In
                                                duties on all imports of the subject                       6. Weight Basis for International Freight
                                                merchandise entered, or withdrawn                                                                             addition, a complete version of the
                                                                                                              Expenses                                        Issues and Decision Memorandum can
                                                from warehouse, for consumption on or                      7. Pre-POI Merchandise Storage Costs
                                                after the effective date of the suspension                 8. Marine Insurance Ministerial Error
                                                                                                                                                              be accessed directly at http://
                                                of liquidation, as discussed above in the                  9. Corrections Found at Verification               enforcement.trade.gov/frn/index.html.
                                                ‘‘Continuation of Suspension of                         VII. Recommendation                                   The signed Issues and Decision
                                                Liquidation’’ section.                                  [FR Doc. 2018–04666 Filed 3–7–18; 8:45 am]
                                                                                                                                                              Memorandum and the electronic
                                                                                                                                                              version of the Issues and Decision
                                                                                                        BILLING CODE 3510–DS–P
                                                Notification Regarding Administrative                                                                         Memorandum are identical in content.
                                                Protective Orders                                                                                                Commerce exercised its discretion to
                                                   This notice serves as a reminder to                  DEPARTMENT OF COMMERCE                                toll all deadlines affected by the closure
                                                parties subject to an administrative                                                                          of the Federal Government from January
                                                protective order (APO) of their                         International Trade Administration                    20 through January 22, 2018. If the new
                                                responsibility concerning the                                                                                 deadline falls on a non-business day, in
                                                                                                        [C–834–808]
                                                disposition of proprietary information                                                                        accordance with Commerce’s practice,
                                                disclosed under APO in accordance                       Silicon Metal from the Republic of                    the deadline will become the next
                                                with 19 CFR 351.305(a)(3). Timely                       Kazakhstan: Final Affirmative                         business day. The revised deadline for
                                                written notification of return or                       Countervailing Duty Determination                     the final determination of this
                                                destruction of APO materials, or                                                                              investigation is now February 27, 2018.3
                                                conversion to judicial protective order,                AGENCY:  Enforcement and Compliance,
                                                is hereby requested. Failure to comply                  International Trade Administration,                   Scope of the Investigation
                                                with the regulations and the terms of an                Department of Commerce.                                 The product covered by this
                                                APO is a sanctionable violation.                        SUMMARY: The Department of Commerce                   investigation is silicon metal from
                                                Notification to Interested Parties                      (Commerce) determines that                            Kazakhstan. For a complete description
                                                                                                        countervailable subsidies are being                   of the scope of this investigation, see
                                                   This determination and this notice are               provided to producers and exporters of                Appendix I.
                                                issued and published pursuant to                        silicon metal from the Republic of
                                                sections 735(d) and 777(i)(1) of the Act                Kazakhstan (Kazakhstan) during the                       1 See Silicon Metal from the Republic of
                                                and 19 CFR 351.210(c).                                  period of investigation (POI) January 1,              Kazakhstan: Preliminary Affirmative Countervailing
                                                  Dated: February 27, 2018.                             2016, through December 31, 2016.                      Duty Determination and Alignment of Final
                                                                                                                                                              Determination with Final Antidumping Duty
                                                Christian Marsh,                                        DATES: Applicable March 8, 2018.                      Determination, 82 FR 37847 (August 14, 2017)
                                                Deputy Assistant Secretary for Enforcement              FOR FURTHER INFORMATION CONTACT:                      (Preliminary Determination), and accompanying
                                                and Compliance.                                         Rebecca M. Janz or Maria Tatarska, AD/                Preliminary Decision Memorandum.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                 2 See Memorandum, ‘‘Issues and Decision
                                                Appendix I—Scope of the Investigation                   CVD Operations, Office II, Enforcement                Memorandum for the Final Determination in the
                                                                                                        and Compliance, International Trade                   Countervailing Duty Investigation of Silicon Metal
                                                   The scope of this investigation covers all
                                                forms and sizes of silicon metal, including             Administration, U.S. Department of                    from Kazakhstan,’’ dated concurrently with this
                                                                                                        Commerce, 1401 Constitution Avenue                    notice (Issues and Decision Memorandum).
                                                silicon metal powder. Silicon metal contains                                                                     3 See Memorandum, ‘‘Deadlines Affected by the
                                                at least 85.00 percent but less than 99.99              NW, Washington, DC 20230; telephone:                  Shutdown of the Federal Government,’’ dated
                                                percent silicon, and less than 4.00 percent             (202) 482–2972 or (202) 482–1562,                     January 23, 2018. All deadlines in this segment of
                                                iron, by actual weight. Semiconductor grade             respectively.                                         the proceeding have been extended by three days.



                                           VerDate Sep<11>2014   16:51 Mar 07, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\08MRN1.SGM   08MRN1



Document Created: 2018-03-08 01:47:33
Document Modified: 2018-03-08 01:47:33
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 March 8, 2018.
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 Citation83 FR 9829 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR