83_FR_9877 83 FR 9831 - Silicon Metal from the Republic of Kazakhstan: Final Affirmative Countervailing Duty Determination

83 FR 9831 - Silicon Metal from the Republic of Kazakhstan: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range9831-9833
FR Document2018-04664

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of silicon metal from the Republic of Kazakhstan (Kazakhstan) during the period of investigation (POI) January 1, 2016, through December 31, 2016.

Federal Register, Volume 83 Issue 46 (Thursday, March 8, 2018)
[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9831-9833]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04664]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-834-808]


Silicon Metal from the Republic of Kazakhstan: Final Affirmative 
Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of silicon metal from the Republic of Kazakhstan (Kazakhstan) during 
the period of investigation (POI) January 1, 2016, through December 31, 
2016.

DATES: Applicable March 8, 2018.

FOR FURTHER INFORMATION CONTACT: Rebecca M. Janz or Maria Tatarska, 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) 482-2972 or (202) 
482-1562, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The petitioner in this investigation is Globe Specialty Metals, 
Inc. In addition to the Government of Kazakhstan, the mandatory 
respondent in this investigation is Tau-Ken Temir LLP (Tau-Ken Temir).
    A summary of the events that occurred since Commerce published the 
Preliminary Determination \1\ on August 14, 2017, as well as a full 
discussion of the issues raised by parties for this final 
determination, may be found in the accompanying Issues and Decision 
Memorandum, which is hereby adopted by this notice.\2\ 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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Silicon Metal from the Republic of Kazakhstan: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 82 FR 37847 (August 14, 2017) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Silicon Metal from Kazakhstan,'' dated concurrently with this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through January 
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.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``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 three days.
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is silicon metal from 
Kazakhstan. For a complete description of the scope of this 
investigation, see Appendix I.

[[Page 9832]]

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

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

    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.\5\ The scope in Appendix I reflects the final 
scope language.
---------------------------------------------------------------------------

    \5\ 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 Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, we made certain changes to the subsidy rate calculated for 
Tau-Ken Temir since the Preliminary Determination. As a result of these 
changes, Commerce has also revised the ``all-others rate.'' For a 
discussion of these changes, see the Issues and Decision Memorandum.

Use of Facts Otherwise Available Including Adverse Inferences

    For purposes of this final determination, we have continued to 
determine that the Government of Kazakhstan and Tau-Ken Temir failed to 
act to the best of their abilities in responding to Commerce's requests 
for information. Accordingly, we continue to rely on facts available 
with adverse inferences, in accordance with sections 776(a)-(d) of the 
Tariff Act of 1930, as amended (the Act), to calculate the subsidy rate 
for the mandatory respondent. A full discussion of our decision to rely 
on adverse facts available is presented in the ``Use of Facts Otherwise 
Available and Adverse Inferences'' section of the Issues and Decision 
Memorandum.

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
determined a rate for Tau-Ken Temir (the only individually investigated 
exporter/producer of subject merchandise). Section 705(c)(5)(A)(i) of 
the Act states that, for companies not individually investigated, we 
will determine an ``all others'' rate equal to the weighted-average 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act. Where the rates for investigated companies are 
zero or de minimis, or based entirely on facts otherwise available, 
section 705(c)(5)(A)(ii) of the Act instructs Commerce to establish an 
``all others'' rate using ``any reasonable method.''
    In this investigation, Commerce assigned a rate based entirely on 
facts available to Tau-Ken Temir. Accordingly, we are using ``any 
reasonable method'' to establish the all-others rate. We find that it 
is reasonable to rely on the rate established for Tau-Ken Temir as the 
all-others rate, particularly because there is no other information on 
the record that can be used to determine an all-others rate. We 
determine the total estimated net countervailable subsidy rates to be:
---------------------------------------------------------------------------

    \6\ As discussed in the Issues and Decision Memorandum, Commerce 
continues to find that the following companies are cross-owned with 
TauKen Temir LLP: JSC NMC Tau-Ken Samruk and LLP Silicon Mining.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Tau-Ken Temir LLP \6\...................................             100
All Others..............................................             100
------------------------------------------------------------------------

Suspension of Liquidation

    As a result of our affirmative Preliminary Determination, pursuant 
to section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of entries of subject 
merchandise from Kazakhstan which were entered or withdrawn from 
warehouse, for consumption on or after August 14, 2017, the date of the 
publication of the Preliminary Determination in the Federal 
Register.\7\
---------------------------------------------------------------------------

    \7\ See Preliminary Determination, 82 FR at 37848.
---------------------------------------------------------------------------

    In accordance with section 703(d) of the Act, we later issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after December 12, 2017, but to continue the 
suspension of liquidation of all entries from August 14, 2017, through 
December 11, 2017, as appropriate.
    We will issue a countervailing duty (CVD) order and reinstate the 
suspension of liquidation in accordance with our final determination 
and under section 706(a) of the Act if the United States International 
Trade Commission (ITC) issues a final affirmative injury determination, 
and we will instruct CBP to require a cash deposit of estimated 
countervailing duties for such entries of merchandise in the amounts 
indicated above. If the ITC determines that material injury, or threat 
of material injury, does not exist, this proceeding will be terminated 
and all estimated duties deposited as a result of the suspension of 
liquidation will be refunded.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d)

[[Page 9833]]

and 777(i) 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. Period of Investigation
IV. Scope of the Investigation
V. Analysis of Comments
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to the Government of Kazakhstan (GOK)
    Comment 2: Whether Tau-Ken Temir Is Cross-Owned with JSC NME 
Tau-Ken Samruk (Tau-Ken Samruk) and LLP Silicon Mining (Silicon 
Mining)
    Comment 3: Whether Commerce Should Apply AFA to Tau-Ken Temir
    Comment 4: Whether Commerce's Rejection of New Factual 
Information was Unlawful
    Comment 5: Whether Commerce Selected an Appropriate AFA Rate
    Comment 6: Whether the Sale of Assets to Tau-Ken Temir's Parent 
Company is a Countervailable Subsidy
VI. Recommendation

[FR Doc. 2018-04664 Filed 3-7-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              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.



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                                                9832                          Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices

                                                Scope Comments                                          amended (the Act), to calculate the                   publication of the Preliminary
                                                   During the course of this                            subsidy rate for the mandatory                        Determination in the Federal Register.7
                                                                                                        respondent. A full discussion of our                     In accordance with section 703(d) of
                                                investigation, Commerce received
                                                                                                        decision to rely on adverse facts                     the Act, we later issued instructions to
                                                numerous scope comments from
                                                                                                        available is presented in the ‘‘Use of                CBP to discontinue the suspension of
                                                interested parties. Prior to the
                                                                                                        Facts Otherwise Available and Adverse                 liquidation for CVD purposes for subject
                                                Preliminary Determination, Commerce
                                                                                                        Inferences’’ section of the Issues and                merchandise entered, or withdrawn
                                                issued a Preliminary Scope Decision
                                                                                                        Decision Memorandum.                                  from warehouse, on or after December
                                                Memorandum 4 to address these
                                                                                                                                                              12, 2017, but to continue the suspension
                                                comments. Since the Preliminary                         Final Determination                                   of liquidation of all entries from August
                                                Determination, Globe Specialty Metals,
                                                                                                           In accordance with section                         14, 2017, through December 11, 2017, as
                                                Inc., (the petitioner) submitted a case
                                                                                                        705(c)(1)(B)(i)(I) of the Act, we                     appropriate.
                                                brief and interested parties submitted                                                                           We will issue a countervailing duty
                                                rebuttal briefs concerning the limits to                determined a rate for Tau-Ken Temir
                                                                                                                                                              (CVD) order and reinstate the
                                                silicon content as specified in the scope.              (the only individually investigated
                                                                                                                                                              suspension of liquidation in accordance
                                                   Commerce reviewed these briefs,                      exporter/producer of subject
                                                                                                                                                              with our final determination and under
                                                considered the arguments therein, and                   merchandise). Section 705(c)(5)(A)(i) of
                                                                                                                                                              section 706(a) of the Act if the United
                                                is not making any additional changes to                 the Act states that, for companies not
                                                                                                                                                              States International Trade Commission
                                                the scope of the investigation. For                     individually investigated, we will
                                                                                                                                                              (ITC) issues a final affirmative injury
                                                further discussion, see Commerce’s                      determine an ‘‘all others’’ rate equal to
                                                                                                                                                              determination, and we will instruct CBP
                                                Final Scope Decision Memorandum.5                       the weighted-average countervailable
                                                                                                                                                              to require a cash deposit of estimated
                                                The scope in Appendix I reflects the                    subsidy rates established for exporters
                                                                                                                                                              countervailing duties for such entries of
                                                final scope language.                                   and producers individually
                                                                                                                                                              merchandise in the amounts indicated
                                                                                                        investigated, excluding any zero and de
                                                Analysis of Subsidy Programs and                                                                              above. If the ITC determines that
                                                                                                        minimis countervailable subsidy rates,
                                                Comments Received                                                                                             material injury, or threat of material
                                                                                                        and any rates determined entirely under
                                                                                                                                                              injury, does not exist, this proceeding
                                                   The subsidy programs under                           section 776 of the Act. Where the rates
                                                                                                                                                              will be terminated and all estimated
                                                investigation and the issues raised in                  for investigated companies are zero or
                                                                                                                                                              duties deposited as a result of the
                                                the case and rebuttal briefs by parties in              de minimis, or based entirely on facts
                                                                                                                                                              suspension of liquidation will be
                                                this investigation are discussed in the                 otherwise available, section
                                                                                                                                                              refunded.
                                                Issues and Decision Memorandum. A                       705(c)(5)(A)(ii) of the Act instructs
                                                list of the issues that parties raised, and             Commerce to establish an ‘‘all others’’               ITC Notification
                                                to which we responded in the Issues                     rate using ‘‘any reasonable method.’’                   In accordance with section 705(d) of
                                                and Decision Memorandum, is attached                       In this investigation, Commerce                    the Act, we will notify the ITC of our
                                                to this notice as Appendix II.                          assigned a rate based entirely on facts               determination. In addition, we are
                                                Changes Since the Preliminary                           available to Tau-Ken Temir.                           making available to the ITC all non-
                                                Determination                                           Accordingly, we are using ‘‘any                       privileged and non-proprietary
                                                                                                        reasonable method’’ to establish the all-             information related to this investigation.
                                                   Based on our review and analysis of                                                                        We will allow the ITC access to all
                                                                                                        others rate. We find that it is reasonable
                                                the comments received from parties, we                                                                        privileged and business proprietary
                                                                                                        to rely on the rate established for Tau-
                                                made certain changes to the subsidy rate                                                                      information in our files, provided the
                                                                                                        Ken Temir as the all-others rate,
                                                calculated for Tau-Ken Temir since the                                                                        ITC confirms that it will not disclose
                                                                                                        particularly because there is no other
                                                Preliminary Determination. As a result                                                                        such information, either publicly or
                                                                                                        information on the record that can be
                                                of these changes, Commerce has also                                                                           under an administrative protective order
                                                                                                        used to determine an all-others rate. We
                                                revised the ‘‘all-others rate.’’ For a                                                                        (APO), without the written consent of
                                                                                                        determine the total estimated net
                                                discussion of these changes, see the                                                                          the Assistant Secretary for Enforcement
                                                                                                        countervailable subsidy rates to be:
                                                Issues and Decision Memorandum.                                                                               and Compliance.
                                                Use of Facts Otherwise Available                                   Company                   Subsidy rate
                                                                                                                                                        Notification Regarding Administrative
                                                Including Adverse Inferences                                                                  (percent)
                                                                                                                                                        Protective Orders
                                                  For purposes of this final                            Tau-Ken Temir LLP 6 ............            100   In the event that the ITC issues a final
                                                determination, we have continued to                     All Others ..............................   100 negative injury determination, this
                                                determine that the Government of                                                                        notice will serve as the only reminder
                                                Kazakhstan and Tau-Ken Temir failed to                  Suspension of Liquidation                       to parties subject to the APO of their
                                                act to the best of their abilities in                                                                   responsibility concerning the
                                                responding to Commerce’s requests for                      As a result of our affirmative
                                                                                                                                                        destruction of proprietary information
                                                information. Accordingly, we continue                   Preliminary Determination, pursuant to
                                                                                                                                                        disclosed under APO in accordance
                                                to rely on facts available with adverse                 section 703(d) of the Act, we instructed
                                                                                                                                                        with 19 CFR 351.305(a)(3). Timely
                                                inferences, in accordance with sections                 U.S. Customs and Border Protection
                                                                                                                                                        written notification of the return/
                                                776(a)–(d) of the Tariff Act of 1930, as                (CBP) to suspend liquidation of entries
                                                                                                                                                        destruction of APO materials or
                                                                                                        of subject merchandise from Kazakhstan
                                                                                                                                                        conversion to judicial protective order is
                                                  4 See Memorandum, ‘‘Silicon Metal from                which were entered or withdrawn from
sradovich on DSK3GMQ082PROD with NOTICES




                                                Australia, Brazil, Kazakhstan, and Norway: Scope
                                                                                                                                                        hereby requested. Failure to comply
                                                                                                        warehouse, for consumption on or after
                                                Comments Decision Memorandum for the                                                                    with the regulations and terms of an
                                                                                                        August 14, 2017, the date of the
                                                Preliminary Determinations,’’ dated June 29, 2017                                                       APO is a violation which is subject to
                                                (Preliminary Scope Decision Memorandum).                                                                sanction.
                                                  5 See Memorandum, ‘‘Silicon Metal from                  6 As discussed in the Issues and Decision
                                                                                                                                                          This determination is issued and
                                                Australia, Brazil, Kazakhstan, and Norway: Final        Memorandum, Commerce continues to find that the
                                                Scope Comments Decision Memorandum,’’ dated             following companies are cross-owned with TauKen published pursuant to sections 705(d)
                                                February 27, 2018 (Final Scope Decision                 Temir LLP: JSC NMC Tau-Ken Samruk and LLP
                                                Memorandum).                                            Silicon Mining.                                         7 See   Preliminary Determination, 82 FR at 37848.



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                                                                              Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices                                               9833

                                                and 777(i) of the Act and 19 CFR                        SUMMARY:   The Department of Commerce                 will not be the basis for the assessment
                                                351.210(c).                                             (Commerce) is initiating an expedited                 of countervailing duties. Instead, this
                                                  Dated: February 27, 2018.                             review of the countervailing duty order               expedited review is intended to
                                                Christian Marsh,
                                                                                                        on certain softwood lumber products                   establish individual cash deposit rates
                                                                                                        (softwood lumber) from Canada.                        for those companies that requested an
                                                Deputy Assistant Secretary for Enforcement
                                                and Compliance.                                         DATES: Applicable March 8, 2018.                      expedited review, or to exclude from the
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      countervailing duty order a company for
                                                Appendix I                                              Kristen Johnson or Emily Halle, AD/                   which the final results of expedited
                                                Scope of the Investigation                              CVD Operations, Enforcement and                       review are zero or de minimis, as
                                                                                                        Compliance, International Trade                       provided in 19 CFR 351.214(k)(3)(iv).
                                                   The scope of this investigation covers all
                                                forms and sizes of silicon metal, including             Administration, U.S. Department of                       Pursuant to 19 CFR 351.214(f), we
                                                silicon metal powder. Silicon metal contains            Commerce, 14th Street and Constitution                will rescind the expedited review for
                                                at least 85.00 percent but less than 99.99              Avenue NW, Washington, DC 20230;                      any company that withdraws its request
                                                percent silicon, and less than 4.00 percent             telephone (202) 482–4793 or (202) 482–                for expedited review within 60 days
                                                iron, by actual weight. Semiconductor grade             0176, respectively.                                   after the date of publication of this
                                                silicon (merchandise containing at least                SUPPLEMENTARY INFORMATION:                            notice of initiation.
                                                99.99 percent silicon by actual weight and                                                                       Interested parties must submit
                                                classifiable under Harmonized Tariff                    Background                                            applications for disclosure under
                                                Schedule of the United States (HTSUS)                                                                         administrative protective orders in
                                                                                                           On January 3, 2018, Commerce
                                                subheading 2804.61.0000) is excluded from
                                                                                                        published the countervailing duty order               accordance with 19 CFR 351.305 and
                                                the scope of this investigation.
                                                   Silicon metal is currently classifiable              on softwood lumber from Canada.1                      351.306.
                                                under subheadings 2804.69.1000 and                      Between January 10, 2018, and February                   This initiation and notice are issued
                                                2804.69.5000 of the HTSUS. While HTSUS                  5, 2018, Commerce received requests for               and published in accordance with 19
                                                numbers are provided for convenience and                an expedited review from 34                           CFR 351.214(k)(2)(i) and 19 CFR
                                                customs purposes, the written description of            companies.2 These companies, which                    351.221(c)(i).
                                                the scope remains dispositive.                          were not selected for individual                        Dated: March 1, 2018.
                                                Appendix II                                             examination during the investigation,                 Gary Taverman,
                                                                                                        made these requests pursuant to 19 CFR                Deputy Assistant Secretary for Antidumping
                                                List of Topics Discussed in the Issues and              351.214(k).
                                                Decision Memorandum                                                                                           and Countervailing Duty Operations,
                                                                                                        Initiation of Expedited Review                        performing the non-exclusive functions and
                                                I. Summary                                                                                                    duties of the Assistant Secretary for
                                                II. Background                                             In accordance with 19 CFR                          Enforcement and Compliance.
                                                III. Period of Investigation                            351.214(k)(1)(i)–(iii), each company that
                                                IV. Scope of the Investigation                          requested a review certified that it                  Attachment
                                                V. Analysis of Comments                                 exported the subject merchandise to the                 Below is the list of companies that
                                                   Comment 1: Whether Commerce Should                   United States during the period of                    requested an expedited review of the
                                                      Apply Adverse Facts Available (AFA) to
                                                      the Government of Kazakhstan (GOK)
                                                                                                        investigation; that it was not affiliated             countervailing duty order on softwood
                                                                                                        with an exporter or producer that                     lumber from Canada.
                                                   Comment 2: Whether Tau-Ken Temir Is
                                                                                                        Commerce individually examined in the                 (1) 752615 B.C. Ltd., Fraserview
                                                      Cross-Owned with JSC NME Tau-Ken
                                                                                                        investigation; and that it informed the                    Remanufacturing Inc., Gillwood Lumber,
                                                      Samruk (Tau-Ken Samruk) and LLP
                                                                                                        Government of Canada, as the                               dba Fraserview Cedar Products
                                                      Silicon Mining (Silicon Mining)
                                                                                                                                                              (2) Antrim Cedar Corporation
                                                   Comment 3: Whether Commerce Should                   government of the exporting country,
                                                                                                                                                              (3) Aquila Cedar Products Ltd.
                                                      Apply AFA to Tau-Ken Temir                        that the government will be required to               (4) Canadian Bavarian Millwork and Lumber
                                                   Comment 4: Whether Commerce’s                        provide a full response to Commerce’s                 (5) Canyon Lumber Company Ltd.
                                                      Rejection of New Factual Information              questionnaire.                                        (6) Cedarline Industries Ltd.
                                                      was Unlawful                                         Therefore, in accordance with 19 CFR               (7) Central Cedar Ltd.
                                                   Comment 5: Whether Commerce Selected
                                                                                                        351.214(k), we are initiating an                      (8) Chaleur Sawmills LP
                                                      an Appropriate AFA Rate
                                                   Comment 6: Whether the Sale of Assets to             expedited review of the countervailing                (9) Deep Cove Forest Products Inc.
                                                                                                        duty order on softwood lumber from                    (10) Delco Forest Products Ltd.
                                                      Tau-Ken Temir’s Parent Company is a
                                                                                                        Canada. Pursuant to 19 CFR                            (11) Devon Lumber Co. Ltd.
                                                      Countervailable Subsidy
                                                                                                        351.214(i)(1) and (k)(3), we intend to                (12) Fontaine Inc.
                                                VI. Recommendation
                                                                                                                                                              (13) Haida Forest Products Ltd.
                                                [FR Doc. 2018–04664 Filed 3–7–18; 8:45 am]
                                                                                                        issue the preliminary results of this
                                                                                                                                                              (14) Hainesville Sawmill Ltd.
                                                                                                        expedited review not later than 180                   (15) H.J. Crabbe & Sons Ltd.
                                                BILLING CODE 3510–DS–P
                                                                                                        days from the date of initiation of this              (16) Ivor Forest Products Ltd.
                                                                                                        review.3 As specified by 19 CFR                       (17) Leslie Forest Products Ltd.
                                                DEPARTMENT OF COMMERCE                                  351.214(k)(3)(i), the period of review                (18) Les Produits Forestiers D&G Ltée
                                                                                                        will be the same as the original period               (19) Maibec Inc
                                                International Trade Administration                      of investigation, i.e., January 1, 2015,              (20) Marcel Lauzon Inc
                                                                                                        through December 31, 2015.                            (21) Marwood Ltd.
                                                                                                           Pursuant to 19 CFR 351.214(k)(3)(iii),             (22) Matériaux Blanchet Inc.
                                                [C–122–858]                                                                                                   (23) Mobilier Rustique (Beauce) Inc.
                                                                                                        the final results of this expedited review
                                                                                                                                                              (24) MP Atlantic Wood Ltd.
sradovich on DSK3GMQ082PROD with NOTICES




                                                Certain Softwood Lumber Products                                                                              (25) North American Forest Products Ltd.
                                                                                                          1 See Certain Softwood Lumber Products from
                                                From Canada: Initiation of Expedited                                                                          (26) North Enderby Timber Ltd.
                                                                                                        Canada: Amended Final Affirmative Countervailing
                                                Review of the Countervailing Duty                       Duty Determination and Countervailing Duty Order,     (27) Olympic Industries, Inc.
                                                Order                                                   83 FR 347 (January 3, 2018).                          (28) Pacific Lumber Remanufacturing Inc.
                                                                                                          2 See Attachment for a list of the companies that   (29) Power Wood Corp.
                                                AGENCY:  Enforcement and Compliance,                    requested an expedited review.                        (30) Produits Matra Inc.
                                                International Trade Administration,                       3 Under 19 CFR 351.214(k)(i)(2), this period may    (31) Rielly Lumber Inc.
                                                Department of Commerce.                                 be extended to 300 days.                              (32) Roland Boulanger & Cie Itée



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Document Created: 2018-03-08 01:47:37
Document Modified: 2018-03-08 01:47:37
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.
ContactRebecca M. Janz or Maria Tatarska, 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) 482-2972 or (202) 482-1562, respectively.
FR Citation83 FR 9831 

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