83 FR 9835 - Silicon Metal From Brazil: Affirmative Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 46 (March 8, 2018)
International Trade Administration
Federal Register Volume 83, Issue 46 (March 8, 2018)
| Page Range | 9835-9838 | |
| FR Document | 2018-04668 |
[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)] [Notices] [Pages 9835-9838] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04668] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-351-850] Silicon Metal From Brazil: Affirmative Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of silicon metal from Brazil are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2016, through December 31, 2016. The final margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice. DATES: Applicable March 8, 2018. FOR FURTHER INFORMATION CONTACT: Brian Smith or Jesus Saenz, 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) 482-1766 and (202) 482-8184, respectively. SUPPLEMENTARY INFORMATION: Background On October 12, 2017, Commerce published the Preliminary Determination of sales at LTFV of silicon metal from Brazil.\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, [[Page 9836]] the deadline will become the next business day. The revised deadline for the final determination of this investigation is now February 27, 2018.\2\ --------------------------------------------------------------------------- \1\ See Silicon Metal From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 82 FR 47466 (October 12, 2017) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. \2\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days. --------------------------------------------------------------------------- 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.\3\ --------------------------------------------------------------------------- \3\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Silicon Metal from Brazil,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is silicon metal from Brazil. 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.\5\ --------------------------------------------------------------------------- \4\ See Memorandum, ``Silicon Metal from Australia, Brazil, Kazakhstan, and Norway: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated June 29, 2017 (Preliminary Scope Decision Memorandum). \5\ These parties include Wacker Chemicals Norway A.S., Elkem AS, and the petitioner. --------------------------------------------------------------------------- Commerce reviewed these briefs, considered the arguments therein, and is making no additional changes to the scope of the investigation. For further discussion, see Commerce's Final Scope Decision Memorandum.\6\ The scope in Appendix I reflects the final scope language. --------------------------------------------------------------------------- \6\ See Memorandum, ``Silicon Metal from Australia, Brazil, Kazakhstan, and Norway: Final Scope Comments Decision Memorandum,'' dated February 27, 2018 (Final Scope Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in the investigation are addressed in either the Final Scope Decision Memorandum or the Issues and Decision Memorandum accompanying this notice. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties in the Central Records Unit, Room B-8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), from October 2017 through January 2018, we conducted verification of the sales and cost information submitted by respondent Palmyra do Brasil Ind[uacute]stria e Com[eacute]rcio de Sil[iacute]cio Met[aacute]lico e Recursos Naturais Ltda. (Palmyra) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Palmyra.\7\ --------------------------------------------------------------------------- \7\ For discussion of our verification findings, see the following memoranda: Memorandum to the File, ``Verification of the Sales Response of Palmyra do Brasil Ind[uacute]stria e Com[eacute]rcio de Sil[iacute]cio Met[aacute]lico e Recursos Naturais Ltda. in the Antidumping Investigation of Silicon Metal from Brazil,'' dated January 19, 2018); Memorandum to the File, ``Verification of the Sales Response of Dow Corning Corporation and Hemlock Semiconductors Operations LLC in the Antidumping Investigation of Silicon Metal from Brazil,'' dated January 17, 2018; Memorandum to the File, ``Verification of the Cost Response of Palmyra do Brasil Ind[uacute]stria e Com[eacute]rcio de Sil[iacute]cio Met[aacute]lico e Recursos Naturais Ltda. in the Antidumping Duty Investigation of Silicon Metal from Brazil,'' dated January 17, 2018; and Memorandum to the File, ``Verification of the Cost Response of Dow Corning in the Antidumping Duty Investigation of Silicon Metal from Brazil,'' dated January 17, 2018. --------------------------------------------------------------------------- Changes Since the Preliminary Determination We made certain changes to the Preliminary Determination for Palmyra based on the additional questionnaire responses received after our Preliminary Determination, verification findings, and our review and analysis of interested party comments. For further discussion, see the Issues and Decision Memorandum. Use of Adverse Facts Available The respondent Ligas de Aluminio S.A.--LIASA (LIASA) failed to participate in this investigation. Therefore, in the Preliminary Determination, pursuant to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act, Commerce assigned LIASA a rate based on adverse facts available (AFA). No party filed comments on our Preliminary Determination with respect to LIASA and there is no new information on the record that would cause us to revisit it. Accordingly, we continue to find that the application of AFA pursuant to section 776(a) and (b) of the Act is warranted with respect to LIASA. In applying total AFA, Commerce assigned to LIASA's exports of the subject merchandise the rate of 134.92 percent, which is the highest rate calculated in the petition \8\ and which has been corroborated to the extent practicable within the meaning of section 776(c) of the Act. --------------------------------------------------------------------------- \8\ See Petitions for the Imposition of Antidumping and Countervailing Duties: Silicon Metal from Australia, Brazil, Kazakhstan, and Norway, dated March 8, 2017 (the Petition), Volume IV at 8-9. --------------------------------------------------------------------------- All-Others Rate Section 735(c)(5)(A) of the Act provides that, in the final determination, Commerce shall determine an estimated weighted-average dumping margin for all-other exporters and producers not individually examined. This rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters or producers individually examined, excluding rates that are zero, de minimis or determined entirely under section 776 of the Act. As Commerce determined an estimated weighted-average dumping margin based entirely under section 776 of the Act for LIASA, we have determined the estimated weighted-average dumping margin for all other producers and exporters equal to the rate calculated for Palmyra. Final Determination The final estimated weighted-average dumping margins are as follows: [[Page 9837]] ------------------------------------------------------------------------ Estimated Cash deposit weighted- rate (adjusted Exporter or producer average for subsidy dumping margin offset(s)) (percent) (percent) ------------------------------------------------------------------------ Palmyra do Brasil Ind[uacute]stria e 68.97 \9\ 68.87 Com[eacute]rcio de Sil[iacute]cio Met[aacute]lico e Recursos Naturais Ltda. (formerly known as Dow Corning Sil[iacute]cio do Brasil Ind[uacute]stria e Com[eacute]rcio Ltda.)................................. Ligas de Aluminio S.A.--LIASA........... 134.92 \10\ 133.49 All-Others.............................. 68.97 \11\ 68.87 ------------------------------------------------------------------------ Disclosure Commerce intends to disclose to interested parties its calculations and analysis performed in this final determination within five days of any public announcement in accordance with 19 CFR 351.224(b). --------------------------------------------------------------------------- \9\ See Memorandum to the File, ``Final Cash Deposit Rates'' dated February 27, 2018. \10\ Id. \11\ Id. --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, for this final determination, we will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of silicon metal from Brazil, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after October 12, 2017, the date of publication in the Federal Register of the affirmative Preliminary Determination. Further, the Department will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above, adjusted where appropriate, for export subsidies found in the final determination of the companion countervailing duty investigation. Consistent with our longstanding practice, where the product under investigation is also subject to a concurrent countervailing duty investigation, we instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the U.S. price, less the amount of the countervailing duty determined to constitute any export subsidies.\12\ --------------------------------------------------------------------------- \12\ See, e.g., Welded Line Pipe From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 80 FR 61362 (October 13, 2015), and Notice of Final Determination of Sales at Less Than Fair Value and Negative Critical Circumstances Determination: Bottom Mount Combination Refrigerator-Freezers From the Republic of Korea, 77 FR 17413 (March 26, 2012). --------------------------------------------------------------------------- Therefore, in the event that a countervailing duty order is issued and suspension of liquidation is resumed in the companion countervailing duty investigation on silicon metal from Brazil, the Department will instruct CBP to require cash deposits adjusted by the amount of export subsidies, as appropriate. These adjustments are reflected in the final column of the rate chart, above. Until such suspension of liquidation is resumed in the companion countervailing duty investigation, and so long as suspension of liquidation continues under this antidumping duty investigation, the cash deposit rates for this antidumping duty investigation will be the rates identified in the estimated weighted-average dumping margin column in the rate chart, above. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation of silicon metal from Brazil no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Continuation of Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders This notice will serve as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: February 27, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of this investigation. Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Made Since the Preliminary Determination IV. Discussion of Methodology V. Date of Sale VI. Product Comparisons VII. Constructed Export Price VIII. Normal Value IX. Currency Conversion X. Adjustment for Countervailable Export Subsidies XI. Discussion of the Issues: Comment 1: Proper Basis for U.S. Price Comment 2: Treatment of Non-Brazilian Silicon Metal in Calculating Further- Manufacturing Costs [[Page 9838]] Comment 3: Adjustments to Dow Corning's Further-Manufacturing Costs Comment 4: Differential Pricing Comment 5: Treatment of Certain Sales to an Unaffiliated Toller Comment 6: Treatment of Downstream Sales to Affiliated Customers Comment 8: Minor Corrections XII. Recommendation [FR Doc. 2018-04668 Filed 3-7-18; 8:45 am] BILLING CODE 3510-DS-P
![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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![9838 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
Comment 3: Adjustments to Dow Corning’s A summary of the events that occurred The scope in Appendix I reflects the
Further-Manufacturing Costs since Commerce published the final scope language.
Comment 4: Differential Pricing Preliminary Determination, as well as a
Comment 5: Treatment of Certain Sales to Analysis of Subsidy Programs and
full discussion of the issues raised by
an Unaffiliated Toller Comments Received
Comment 6: Treatment of Downstream
parties for this final determination, may
Sales to Affiliated Customers be found in the Issues and Decision The subsidy programs under
Comment 8: Minor Corrections Memorandum issued concurrently with investigation and the issues raised in
XII. Recommendation this notice.3 The Issues and Decision the case and rebuttal briefs by parties in
[FR Doc. 2018–04668 Filed 3–7–18; 8:45 am] Memorandum is a public document and this investigation are discussed in the
BILLING CODE 3510–DS–P
is on file electronically via Enforcement Issues and Decision Memorandum. A
and Compliance’s Antidumping and list of the issues that parties raised, and
Countervailing Duty Centralized to which we responded in the Issues
DEPARTMENT OF COMMERCE Electronic Service System (ACCESS). and Decision Memorandum, is attached
ACCESS is available to registered users to this notice at Appendix II.
International Trade Administration at http://access.trade.gov, and is
Methodology
available to all parties in the Central
[C–351–851]
Records Unit, room B8024 of the main Commerce conducted this
Silicon Metal From Brazil: Final Department of Commerce building. In investigation in accordance with section
Affirmative Countervailing Duty addition, a complete version of the 701 of the Tariff Act of 1930, as
Determination Issues and Decision Memorandum can amended (the Act). For each of the
be accessed directly at http:// subsidy programs found
AGENCY: Enforcement and Compliance, enforcement.trade.gov/frn/. The signed countervailable, Commerce determines
International Trade Administration, and electronic versions of the Issues and that there is a subsidy, i.e., a financial
Department of Commerce. Decision Memorandum are identical in contribution by an ‘‘authority’’ that
SUMMARY: The Department of Commerce content. gives rise to a benefit to the recipient,
(Commerce) determines that and that the subsidy is specific.6 For a
Scope of the Investigation
countervailable subsidies are being full description of the methodology
provided to producers and exporters of The product covered by this underlying our final determination, see
silicon metal from Brazil. The period of investigation is silicon metal from the Issues and Decision Memorandum.
investigation is January 1, 2016, through Brazil. For a full description of the In making these findings, Commerce
December 31, 2016. scope of this investigation, see the relied, in part, on facts otherwise
DATES: Applicable March 8, 2018. ‘‘Scope of the Investigation’’ in available and, because it finds that one
Appendix I of this notice. or more respondents did not act to the
FOR FURTHER INFORMATION CONTACT:
Robert Palmer or George Ayache, AD/ Scope Comments best of their ability to respond to
CVD Operations, Office VIII, Commerce’s requests for information, it
During the course of this drew an adverse inference where
Enforcement and Compliance, investigation, Commerce received
International Trade Administration, appropriate in selecting from among the
numerous scope comments from facts otherwise available.7 For further
U.S. Department of Commerce, 1401 interested parties. Prior to the
Constitution Avenue NW, Washington, information, see ‘‘Use of Facts
Preliminary Determination, Commerce Otherwise Available and Adverse
DC 20230; telephone: (202) 482–9068 or issued a Preliminary Scope Decision
(202) 482–2623, respectively. Inferences’’ in the Issues and Decision
Memorandum 4 to address these Memorandum.
SUPPLEMENTARY INFORMATION: comments. Since the Preliminary
Determination, Globe Specialty Metals, Changes Since the Preliminary
Background Determination
Inc. (the petitioner) submitted a case
Commerce published the Preliminary brief and interested parties submitted Based on our review and analysis of
Determination on August 14, 2017.1 rebuttal briefs concerning the limits to the comments received from parties,
Commerce exercised its discretion to silicon content as specified in the scope. verification, and the minor corrections
toll all deadlines affected by the closure Commerce reviewed these briefs, presented at verification, we made
of the Federal Government from January considered the arguments therein, and certain changes to the respondents’
20 through 22, 2018. If the new deadline is not making any additional changes to subsidy rate calculations. For a
falls on a non-business day, in the scope of the investigation. For discussion of these changes, see the
accordance with Commerce’s practice, further discussion, see Commerce’s Issues and Decision Memorandum.
the deadline will become the next Final Scope Decision Memorandum.5
business day. The revised deadline for Final Determination
the final determination of this segment of the proceeding have been extended by In accordance with section
investigation is now February 27, 2018.2 3 days.
3 See Memorandum, ‘‘Silicon Metal from Brazil:
705(c)(l)(B)(i) of the Act, we calculated
1 See Silicon Metal from Brazil: Preliminary Issues and Decision Memorandum for the Final a rate for Palmyra do Brasil Indústria e
Affirmative Countervailing Duty Determination, and Determination of the Countervailing Duty Comércio de Silicio Metálico e Recursos
Alignment of Final Determination with Final Investigation,’’ dated concurrently with this Naturais Ltda. (Palmyra do Brasil), a
Antidumping Duty Determination, 82 FR 37841 determination (Issues and Decision Memorandum) producer/exporter of subject
sradovich on DSK3GMQ082PROD with NOTICES
(August 14, 2017) (Preliminary Determination). and hereby adopted by this notice.
2 See Memorandum for The Record from 4 See Memorandum, ‘‘Silicon Metal from
Christian Marsh, Deputy Assistant Secretary for Australia, Brazil, Kazakhstan, and Norway: Scope February 27, 2018 (Final Scope Decision
Enforcement and Compliance, performing the non- Comments Decision Memorandum for the Memorandum).
exclusive functions and duties of the Assistant Preliminary Determinations,’’ dated June 29, 2017 6 See sections 771(5)(B) and (D) of the Act
Secretary for Enforcement and Compliance, (Preliminary Scope Decision Memorandum). regarding financial contribution; section 771(5)(E)
‘‘Deadlines Affected by the Shutdown of the 5 See Memorandum, ‘‘Silicon Metal from of the Act regarding benefit; and section 771(5A) of
Federal Government’’ (Tolling Memorandum), Australia, Brazil, Kazakhstan, and Norway: Final the Act regarding specificity.
dated January 23, 2018. All deadlines in this Scope Comments Decision Memorandum,’’ dated 7 See sections 776(a), (b), and 782(d) of the Act.
VerDate Sep<11>2014 16:51 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1](https://thefederalregister.org/doc/83_FR_9881/page/4.svg)
Document Created: 2018-03-08 01:47:51
Document Modified: 2018-03-08 01:47:51
| 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 | Brian Smith or Jesus Saenz, 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) 482-1766 and (202) 482-8184, respectively. | |
| FR Citation | 83 FR 9835 |
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