83 FR 9834 - Silicon Metal From Australia: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range		9834-9835
FR Document		2018-04667

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to Simcoa Operations Pty. Ltd. (Simcoa), a producer/exporter of silicon metal from Australia. The period of investigation is 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 9834-9835]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-04667]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-602-811]

Silicon Metal From Australia: 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 Simcoa Operations Pty.
Ltd. (Simcoa), a producer/exporter of silicon metal from Australia. The
period of investigation is January 1, 2016, through December 31, 2016.

DATES: Applicable March 8, 2018.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or John Anwesen, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202)
482-0131, respectively.

SUPPLEMENTARY INFORMATION:

Background

Commerce published the Preliminary Determination on August 14,
2017.\1\ Commerce exercised its discretion to toll all 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
issued concurrently with this notice.\3\ 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/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
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\1\ See Silicon Metal from Australia: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 82 FR 37843
(August 14, 2017) (Preliminary Determination).
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government'' (Tolling Memorandum), dated January 23, 2018.
All deadlines in this segment of the proceeding have been extended
by 3 days.
\3\ See Memorandum, ``Silicon Metal from Australia: Issues and
Decision Memorandum for the Final Determination in the
Countervailing Duty Investigation,'' dated concurrently with this
determination (Issues and Decision Memorandum) and hereby adopted by
this notice.
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Scope of the Investigation

The product covered by this investigation is silicon metal from
Australia. 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 rebuttal briefs concerning the limits
to silicon content as specified in the scope.
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\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).
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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.
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\5\ See Memorandum, ``Silicon Metal from Australia, Brazil,
Kazakhstan, and Norway: Final Scope Comments Decision Memorandum,''
dated February 27, 2018 (Final Scope Decision Memorandum).
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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 at Appendix II.

Methodology

Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found countervailable, Commerce determines that there
is a subsidy, i.e., a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Changes Since the Preliminary Determination

Based on our review and analysis of the comments received from
parties, and the minor corrections presented at verification, we made
certain changes to the respondent's subsidy rate calculations. For a
discussion of these changes, see the Issues and Decision Memorandum.

Final Determination

In accordance with section 705(c)(l)(B)(i) of the Act, we
calculated a rate for Simcoa, the producer/exporter of subject
merchandise selected for individual examination in this investigation.
Section 705(c)(5)(A) of the Act provides that in the final
determination, Commerce shall determine an estimated all-others rate
for companies not individually examined. This rate shall be an amount
equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce preliminarily calculated an
individual estimated countervailable subsidy rate for Simcoa, the only
individually examined producer/exporter in this investigation. Because
the only individually calculated rate is not zero, de minimis, or based
entirely on facts otherwise available, the estimated weighted-average
rate calculated for Simcoa is the rate assigned to all-other producers
and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.

[[Page 9835]]

Commerce determines that the following estimated countervailable
subsidy rate exists:

------------------------------------------------------------------------
Company Subsidy rate
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Simcoa Operations Pty. Ltd.\7\............ 14.78 percent.
All-Others................................ 14.78 percent.
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Disclosure

We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of publication of our final determination, in accordance with
19 CFR 351.224(b).
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\7\ As discussed in the Preliminary Determination, Commerce has
found the following companies to be cross-owned with Simcoa: Silicon
Metal Company of Australia Pty Ltd.; Microsilica Pty Ltd.; and
Simcoa International Pty Ltd.
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Continuation of Suspension of Liquidation

As a result of our Preliminary Determination and pursuant to
section 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to suspend liquidation of entries
of subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the Preliminary Determination in the
Federal Register. In accordance with section 703(d) of the Act, we
issued instructions to CBP to discontinue the suspension of liquidation
for countervailing duty (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.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, will
reinstate the suspension of liquidation under section 706(a) of the
Act, and will require a cash deposit of estimated countervailing duties
for such entries of subject 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 or securities posted as a result of the
suspension of liquidation will be refunded or canceled.

International Trade Commission Notification

In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its 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 an 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) 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 these investigations.
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. Subsidies Valuation
IV. Analysis of Programs
V. Analysis of Comments
Comment 1: Provision of Electricity for Less Than Adequate
Remuneration (LTAR)
Comment 2: Payments Under the Demand Side Management (DSM)
Scheme and Ancillary Service (Spinning Reserve) Scheme
Comment 3: Renewable Energy Target (RET) Program
Comment 4: Research and Development (R&D) Tax Incentive
Comment 5: Provision of Quartz for LTAR
Comment 6: State Agreement Loan and Grant
Comment 7: Calculation Errors in the Preliminary Determination
VI. Recommendation

[FR Doc. 2018-04667 Filed 3-7-18; 8:45 am]
BILLING CODE 3510-DS-P

9834 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices

(33) Sechoirs de Beauce Inc. this notice.3 The Issues and Decision this investigation are discussed in the
(34) Scierie Alexandre Lemay & Fils Inc. Memorandum is a public document and Issues and Decision Memorandum. A
[FR Doc. 2018–04678 Filed 3–7–18; 8:45 am] is on file electronically via Enforcement list of the issues that parties raised, and
BILLING CODE 3510–DS–P and Compliance’s Antidumping and to which we responded in the Issues
Countervailing Duty Centralized and Decision Memorandum, is attached
Electronic Service System (ACCESS). to this notice at Appendix II.
DEPARTMENT OF COMMERCE ACCESS is available to registered users
Methodology
at http://access.trade.gov, and is
International Trade Administration available to all parties in the Central Commerce conducted this
Records Unit, room B8024 of the main investigation in accordance with section
[C–602–811] 701 of the Tariff Act of 1930, as
Department of Commerce building. In
addition, a complete version of the amended (the Act). For each of the
Silicon Metal From Australia: Final subsidy programs found
Affirmative Countervailing Duty Issues and Decision Memorandum can
be accessed directly at http:// countervailable, Commerce determines
Determination that there is a subsidy, i.e., a financial
enforcement.trade.gov/frn/. The signed
AGENCY: Enforcement and Compliance, and electronic versions of the contribution by an ‘‘authority’’ that
International Trade Administration, Preliminary Decision Memorandum are gives rise to a benefit to the recipient,
Department of Commerce. identical in content. and that the subsidy is specific.6 For a
full description of the methodology
SUMMARY: The Department of Commerce Scope of the Investigation underlying our final determination, see
(Commerce) determines that
The product covered by this the Issues and Decision Memorandum.
countervailable subsidies are being
investigation is silicon metal from
provided to Simcoa Operations Pty. Ltd. Changes Since the Preliminary
Australia. For a full description of the
(Simcoa), a producer/exporter of silicon Determination
scope of this investigation, see the
metal from Australia. The period of Based on our review and analysis of
‘‘Scope of the Investigation’’ in
investigation is January 1, 2016, through the comments received from parties,
Appendix I of this notice.
December 31, 2016. and the minor corrections presented at
DATES: Applicable March 8, 2018. Scope Comments verification, we made certain changes to
FOR FURTHER INFORMATION CONTACT: Kate During the course of this the respondent’s subsidy rate
Johnson or John Anwesen, AD/CVD investigation, Commerce received calculations. For a discussion of these
Operations, Office VIII, Enforcement numerous scope comments from changes, see the Issues and Decision
and Compliance, International Trade interested parties. Prior to the Memorandum.
Administration, U.S. Department of Preliminary Determination, Commerce
Final Determination
Commerce, 1401 Constitution Avenue issued a Preliminary Scope Decision
NW, Washington, DC 20230; telephone: Memorandum 4 to address these In accordance with section
(202) 482–4929 or (202) 482–0131, comments. Since the Preliminary 705(c)(l)(B)(i) of the Act, we calculated
respectively. Determination, Globe Specialty Metals, a rate for Simcoa, the producer/exporter
Inc., (the petitioner) submitted a case of subject merchandise selected for
SUPPLEMENTARY INFORMATION: individual examination in this
brief and interested parties submitted
Background rebuttal briefs concerning the limits to investigation.
silicon content as specified in the scope. Section 705(c)(5)(A) of the Act
Commerce published the Preliminary Commerce reviewed these briefs, provides that in the final determination,
Determination on August 14, 2017.1 considered the arguments therein, and Commerce shall determine an estimated
Commerce exercised its discretion to is not making any additional changes to all-others rate for companies not
toll all deadlines affected by the closure the scope of the investigation. For individually examined. This rate shall
of the Federal Government from January further discussion, see Commerce’s be an amount equal to the weighted
20 through 22, 2018. If the new deadline Final Scope Decision Memorandum.5 average of the estimated subsidy rates
falls on a non-business day, in established for those companies
The scope in Appendix I reflects the
accordance with Commerce’s practice, individually examined, excluding any
final scope language.
the deadline will become the next zero and de minimis rates and any rates
business day. The revised deadline for Analysis of Subsidy Programs and based entirely under section 776 of the
the final determination of this Comments Received Act.
investigation is now February 27, 2018.2 The subsidy programs under In this investigation, Commerce
A summary of the events that occurred investigation and the issues raised in preliminarily calculated an individual
since Commerce published the the case and rebuttal briefs by parties in estimated countervailable subsidy rate
Preliminary Determination, as well as a for Simcoa, the only individually
full discussion of the issues raised by 3 See Memorandum, ‘‘Silicon Metal from examined producer/exporter in this
parties for this final determination, may Australia: Issues and Decision Memorandum for the investigation. Because the only
be found in the Issues and Decision Final Determination in the Countervailing Duty individually calculated rate is not zero,
Investigation,’’ dated concurrently with this
Memorandum issued concurrently with determination (Issues and Decision Memorandum) de minimis, or based entirely on facts
and hereby adopted by this notice. otherwise available, the estimated
1 See Silicon Metal from Australia: Preliminary 4 See Memorandum, ‘‘Silicon Metal from weighted-average rate calculated for
sradovich on DSK3GMQ082PROD with NOTICES

Affirmative Countervailing Duty Determination and Australia, Brazil, Kazakhstan, and Norway: Scope Simcoa is the rate assigned to all-other
Alignment of Final Determination with Final Comments Decision Memorandum for the
Antidumping Duty Determination, 82 FR 37843 Preliminary Determinations,’’ dated June 29, 2017
producers and exporters, pursuant to
(August 14, 2017) (Preliminary Determination). (Preliminary Scope Decision Memorandum). section 705(c)(5)(A)(i) of the Act.
2 See Memorandum, ‘‘Deadlines Affected by the 5 See Memorandum, ‘‘Silicon Metal from

Shutdown of the Federal Government’’ (Tolling Australia, Brazil, Kazakhstan, and Norway: Final 6 See sections 771(5)(B) and (D) of the Act

Memorandum), dated January 23, 2018. All Scope Comments Decision Memorandum,’’ dated regarding financial contribution; section 771(5)(E)
deadlines in this segment of the proceeding have February 27, 2018 (Final Scope Decision of the Act regarding benefit; and section 771(5A) of
been extended by 3 days. Memorandum). the Act regarding specificity.

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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices 9835

Commerce determines that the privileged and non-proprietary Comment 2: Payments Under the Demand
following estimated countervailable information related to this investigation. Side Management (DSM) Scheme and
subsidy rate exists: We will allow the ITC access to all Ancillary Service (Spinning Reserve)
Scheme
privileged and business proprietary Comment 3: Renewable Energy Target
Company Subsidy rate information in our files, provided the (RET) Program
ITC confirms that it will not disclose Comment 4: Research and Development
Simcoa Operations Pty. Ltd.7 14.78 percent.
All-Others .............................. 14.78 percent.
such information, either publicly or (R&D) Tax Incentive
under an administrative protective order Comment 5: Provision of Quartz for LTAR
(APO), without the written consent of Comment 6: State Agreement Loan and
Disclosure Grant
the Assistant Secretary for Enforcement
We intend to disclose to parties in and Compliance. Comment 7: Calculation Errors in the
this proceeding the calculations Preliminary Determination
performed for this final determination Notification Regarding Administrative VI. Recommendation
within five days of the date of Protective Orders [FR Doc. 2018–04667 Filed 3–7–18; 8:45 am]
publication of our final determination, In the event that the ITC issues a final BILLING CODE 3510–DS–P
in accordance with 19 CFR 351.224(b). negative injury determination, this
Continuation of Suspension of notice will serve as the only reminder
to parties subject to an APO of their DEPARTMENT OF COMMERCE
Liquidation
responsibility concerning the
As a result of our Preliminary destruction of proprietary information International Trade Administration
Determination and pursuant to section disclosed under APO in accordance [A–351–850]
703(d)(1)(B) and (d)(2) of the Act, with 19 CFR 351.305(a)(3). Timely
Commerce instructed U.S. Customs and written notification of the return/ Silicon Metal From Brazil: Affirmative
Border Protection (CBP) to suspend destruction of APO materials or Final Determination of Sales at Less
liquidation of entries of subject conversion to judicial protective order is Than Fair Value
merchandise as described in the scope hereby requested. Failure to comply
of the investigation section entered, or AGENCY: Enforcement and Compliance,
with the regulations and terms of an International Trade Administration,
withdrawn from warehouse, for APO is a violation which is subject to
consumption on or after the date of Department of Commerce.
sanction. SUMMARY: The Department of Commerce
publication of the Preliminary This determination is issued and
Determination in the Federal Register. (Commerce) determines that imports of
published pursuant to sections 705(d) silicon metal from Brazil are being, or
In accordance with section 703(d) of the and 777(i) of the Act and 19 CFR
Act, we issued instructions to CBP to are likely to be, sold in the United States
351.210(c). at less than fair value (LTFV). The
discontinue the suspension of
liquidation for countervailing duty Dated: February 27, 2018. period of investigation (POI) is January
(CVD) purposes for subject merchandise Christian Marsh, 1, 2016, through December 31, 2016.
entered, or withdrawn from warehouse, Deputy Assistant Secretary for Enforcement The final margins of sales at LTFV are
on or after December 12, 2017, but to and Compliance. listed below in the ‘‘Final
continue the suspension of liquidation Determination’’ section of this notice.
Appendix I
of all entries from August 14, 2017, DATES: Applicable March 8, 2018.
through December 11, 2017. Scope of the Investigation FOR FURTHER INFORMATION CONTACT:
If the U.S. International Trade The scope of this investigation covers all Brian Smith or Jesus Saenz, AD/CVD
Commission (ITC) issues a final forms and sizes of silicon metal, including Operations, Office VIII, Enforcement
affirmative injury determination, we silicon metal powder. Silicon metal contains and Compliance, International Trade
will issue a CVD order, will reinstate the at least 85.00 percent but less than 99.99 Administration, U.S. Department of
suspension of liquidation under section percent silicon, and less than 4.00 percent Commerce, 1401 Constitution Avenue
706(a) of the Act, and will require a cash iron, by actual weight. Semiconductor grade NW, Washington, DC 20230; telephone:
deposit of estimated countervailing silicon (merchandise containing at least (202) 482–1766 and (202) 482–8184,
duties for such entries of subject 99.99 percent silicon by actual weight and
respectively.
classifiable under Harmonized Tariff
merchandise in the amounts indicated SUPPLEMENTARY INFORMATION:
Schedule of the United States (HTSUS)
above. If the ITC determines that subheading 2804.61.0000) is excluded from
material injury, or threat of material the scope of these investigations. Background
injury, does not exist, this proceeding Silicon metal is currently classifiable On October 12, 2017, Commerce
will be terminated and all estimated under subheadings 2804.69.1000 and published the Preliminary
duties deposited or securities posted as 2804.69.5000 of the HTSUS. While HTSUS Determination of sales at LTFV of
a result of the suspension of liquidation numbers are provided for convenience and silicon metal from Brazil.1 Commerce
will be refunded or canceled. customs purposes, the written description of
exercised its discretion to toll all
the scope remains dispositive.
International Trade Commission deadlines affected by the closure of the
Notification Appendix II Federal Government from January 20
List of Topics Discussed in the Issues and through 22, 2018. If the new deadline
In accordance with section 705(d) of falls on a non-business day, in
the Act, Commerce will notify the ITC Decision Memorandum
sradovich on DSK3GMQ082PROD with NOTICES

accordance with Commerce’s practice,
of its determination. In addition, we are I. Summary
making available to the ITC all non- II. Background
1 See Silicon Metal From Brazil: Preliminary
III. Subsidies Valuation
Affirmative Determination of Sales at Less Than
7 As discussed in the Preliminary Determination, IV. Analysis of Programs Fair Value, Postponement of Final Determination,
Commerce has found the following companies to be V. Analysis of Comments and Extension of Provisional Measures, 82 FR
cross-owned with Simcoa: Silicon Metal Company Comment 1: Provision of Electricity for 47466 (October 12, 2017) (Preliminary
of Australia Pty Ltd.; Microsilica Pty Ltd.; and Less Than Adequate Remuneration Determination), and accompanying Preliminary
Simcoa International Pty Ltd. (LTAR) Decision Memorandum.

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Document Created: 2018-03-08 01:47:33
Document Modified: 2018-03-08 01:47:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable March 8, 2018.
Contact		Kate Johnson or John Anwesen, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202) 482-0131, respectively.
FR Citation		83 FR 9834

83 FR 9834 - Silicon Metal From Australia: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCEInternational Trade Administration

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

DEPARTMENT OF COMMERCE
International Trade Administration