83_FR_9884 83 FR 9838 - Silicon Metal From Brazil: Final Affirmative Countervailing Duty Determination

83 FR 9838 - Silicon Metal From Brazil: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range9838-9839
FR Document2018-04661

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of silicon metal from Brazil. 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 9838-9839]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04661]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-851]


Silicon Metal From Brazil: 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 Brazil. The period of investigation is January 1, 
2016, through December 31, 2016.

DATES: Applicable March 8, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Palmer or George Ayache, 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) 482-9068 or (202) 
482-2623, 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 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Silicon Metal from Brazil: Preliminary Affirmative 
Countervailing Duty Determination, and Alignment of Final 
Determination with Final Antidumping Duty Determination, 82 FR 37841 
(August 14, 2017) (Preliminary Determination).
    \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 3 days.
    \3\ See Memorandum, ``Silicon Metal from Brazil: Issues and 
Decision Memorandum for the Final Determination of the 
Countervailing Duty Investigation,'' dated concurrently with this 
determination (Issues and Decision Memorandum) and hereby adopted by 
this notice.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    In making these findings, Commerce relied, in part, on facts 
otherwise available and, because it finds that one or more respondents 
did not act to the best of their ability to respond to Commerce's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\7\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 776(a), (b), and 782(d) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, verification, and the minor corrections presented at 
verification, we made certain changes to the respondents' 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 Palmyra do Brasil Ind[uacute]stria e 
Com[eacute]rcio de Silicio Met[aacute]lico e Recursos Naturais Ltda. 
(Palmyra do Brasil), a producer/exporter of subject

[[Page 9839]]

merchandise selected for individual examination in this 
investigation.\8\
---------------------------------------------------------------------------

    \8\ Palmyra do Brasil reported that it changed its name from Dow 
Corning Silicio do Brasil Ind[uacute]stria e Com[eacute]rcio Ltda. 
(DC Silicio) on June 30, 2017. Commerce verified this name change. 
See Issues and Decision Memorandum at 2.
---------------------------------------------------------------------------

    Commerce assigned a rate based entirely on facts otherwise 
available with an adverse inference pursuant to section 776 of the Act 
to Ligas de Aluminio S.A.--LIASA (LIASA).
    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.
    The only rate for an individually-examined respondent that is not 
zero, de minimis or based entirely on adverse facts otherwise available 
is the rate calculated for Palmyra do Brasil. Consequently, the rate 
calculated for Palmyra do Brasil is also assigned as the rate for all-
other producers and exporters, pursuant to section 705(c)(5)(A)(i) of 
the Act.
    Commerce determines that the following estimated countervailable 
subsidy rates exist:
---------------------------------------------------------------------------

    \9\ As discussed in the Preliminary Determination, Commerce has 
found the following companies to be cross-owned with Palmyra do 
Brasil, previously known as Dow Corning Silicio do Brasil 
Ind[uacute]stria e Com[eacute]rcio Ltda. (DC Silicio): Palmyra 
Recursos Naturais Explora[ccedil][atilde]o e Com[eacute]rcio Ltda. 
and Dow Corning Metais do Par[aacute] IND.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Palmyra do Brasil Ind[uacute]stria e Com[eacute]rcio de             2.44
 Silicio Met[aacute]lico e Recursos Naturais Ltda.\9\.......
Ligas de Aluminio S.A.--LIASA...............................       52.51
All-Others..................................................        2.44
------------------------------------------------------------------------

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).

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. Use of Facts Otherwise Available and Adverse Inferences
IV. Subsidies Valuation
V. Analysis of Programs
VI. Analysis of Comments
    Comment 1: Whether the Tax Incentives in the State of 
Par[aacute] (ICMS) Program Is Countervailable
    Comment 2: Whether the Predominantly Exporting Companies (PEC) 
Program Is Countervailable
    Comment 3: Whether Palmyra do Brasil Received Reintegra Benefits 
During the Period of Investigation (POI)
    Comment 4: Whether the Forest Fee Reduction Program Is 
Countervailable
VII. Recommendation

[FR Doc. 2018-04661 Filed 3-7-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                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.




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                                                                                      Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices                                                   9839

                                                merchandise selected for individual                             merchandise as described in the scope                   This determination is issued and
                                                examination in this investigation.8                             of the investigation section entered, or              published pursuant to sections 705(d)
                                                   Commerce assigned a rate based                               withdrawn from warehouse, for                         and 777(i) of the Act and 19 CFR
                                                entirely on facts otherwise available                           consumption on or after the date of                   351.210(c).
                                                with an adverse inference pursuant to                           publication of the Preliminary                          Dated: February 27, 2018.
                                                section 776 of the Act to Ligas de                              Determination in the Federal Register.                Christian Marsh,
                                                Aluminio S.A.—LIASA (LIASA).                                    In accordance with section 703(d) of the
                                                   Section 705(c)(5)(A) of the Act                                                                                    Deputy Assistant Secretary for Enforcement
                                                                                                                Act, we issued instructions to CBP to                 and Compliance.
                                                provides that in the final determination,                       discontinue the suspension of
                                                Commerce shall determine an estimated                           liquidation for countervailing duty                   Appendix I—Scope of the Investigation
                                                all-others rate for companies not                               (CVD) purposes for subject merchandise                   The scope of this investigation covers all
                                                individually examined. This rate shall                          entered, or withdrawn from warehouse,                 forms and sizes of silicon metal, including
                                                be an amount equal to the weighted                              on or after December 12, 2017, but to                 silicon metal powder. Silicon metal contains
                                                average of the estimated subsidy rates                          continue the suspension of liquidation                at least 85.00 percent but less than 99.99
                                                established for those companies                                 of all entries from August 14, 2017,                  percent silicon, and less than 4.00 percent
                                                individually examined, excluding any                            through December 11, 2017.                            iron, by actual weight. Semiconductor grade
                                                zero and de minimis rates and any rates                                                                               silicon (merchandise containing at least
                                                                                                                   If the U.S. International Trade                    99.99 percent silicon by actual weight and
                                                based entirely under section 776 of the                         Commission (ITC) issues a final
                                                Act.                                                                                                                  classifiable under Harmonized Tariff
                                                                                                                affirmative injury determination, we                  Schedule of the United States (HTSUS)
                                                   The only rate for an individually-
                                                                                                                will issue a CVD order, will reinstate the            subheading 2804.61.0000) is excluded from
                                                examined respondent that is not zero,                                                                                 the scope of these investigations.
                                                de minimis or based entirely on adverse                         suspension of liquidation under section
                                                                                                                706(a) of the Act, and will require a cash               Silicon metal is currently classifiable
                                                facts otherwise available is the rate                                                                                 under subheadings 2804.69.1000 and
                                                calculated for Palmyra do Brasil.                               deposit of estimated countervailing
                                                                                                                                                                      2804.69.5000 of the HTSUS. While HTSUS
                                                Consequently, the rate calculated for                           duties for such entries of subject
                                                                                                                                                                      numbers are provided for convenience and
                                                Palmyra do Brasil is also assigned as the                       merchandise in the amounts indicated                  customs purposes, the written description of
                                                rate for all-other producers and                                above. If the ITC determines that                     the scope remains dispositive.
                                                exporters, pursuant to section                                  material injury, or threat of material
                                                                                                                injury, does not exist, this proceeding               Appendix II—List of Topics Discussed
                                                705(c)(5)(A)(i) of the Act.                                                                                           in the Issues and Decision
                                                   Commerce determines that the                                 will be terminated and all estimated
                                                                                                                duties deposited or securities posted as              Memorandum
                                                following estimated countervailable
                                                subsidy rates exist:                                            a result of the suspension of liquidation             I. Summary
                                                                                                                will be refunded or canceled.                         II. Background
                                                                                                   Subsidy                                                            III. Use of Facts Otherwise Available and
                                                                Company                             rate
                                                                                                                International Trade Commission                              Adverse Inferences
                                                                                                  (percent)     Notification                                          IV. Subsidies Valuation
                                                                                                                                                                      V. Analysis of Programs
                                                Palmyra do Brasil Indústria e
                                                                                                        In accordance with section 705(d) of                          VI. Analysis of Comments
                                                   Comércio de Silicio Metálico e                   the Act, Commerce will notify the ITC                              Comment 1: Whether the Tax Incentives in
                                                   Recursos Naturais Ltda.9 ........             2.44 of its determination. In addition, we are                             the State of Pará (ICMS) Program Is
                                                Ligas de Aluminio S.A.—LIASA                   52.51 making available to the ITC all non-                                   Countervailable
                                                All-Others ....................................  2.44 privileged and non-proprietary                                     Comment 2: Whether the Predominantly
                                                                                                      information related to this investigation.                            Exporting Companies (PEC) Program Is
                                                Disclosure                                            We will allow the ITC access to all                                   Countervailable
                                                                                                      privileged and business proprietary                                Comment 3: Whether Palmyra do Brasil
                                                   We intend to disclose to parties in                                                                                      Received Reintegra Benefits During the
                                                this proceeding the calculations                      information in our files, provided the
                                                                                                                                                                            Period of Investigation (POI)
                                                performed for this final determination                ITC confirms that it will not disclose                             Comment 4: Whether the Forest Fee
                                                within five days of the date of                       such information, either publicly or                                  Reduction Program Is Countervailable
                                                publication of our final determination,               under an administrative protective order                        VII. Recommendation
                                                in accordance with 19 CFR 351.224(b).                 (APO), without the written consent of                           [FR Doc. 2018–04661 Filed 3–7–18; 8:45 am]
                                                                                                      the Assistant Secretary for Enforcement
                                                Continuation of Suspension of                                                                                         BILLING CODE 3510–DS–P
                                                                                                      and Compliance.
                                                Liquidation
                                                                                                      Notification Regarding Administrative
                                                   As a result of our Preliminary                     Protective Orders                                               DEPARTMENT OF COMMERCE
                                                Determination and pursuant to section
                                                703(d)(1)(B) and (d)(2) of the Act,                     In the event that the ITC issues a final                      International Trade Administration
                                                Commerce instructed U.S. Customs and negative injury determination, this
                                                                                                                                                                      [A–602–810]
                                                Border Protection (CBP) to suspend                    notice will serve as the only reminder
                                                liquidation of entries of subject                     to parties subject to an APO of their                           Silicon Metal From Australia:
                                                                                                      responsibility concerning the                                   Affirmative Final Determination of
                                                  8 Palmyra do Brasil reported that it changed its    destruction of proprietary information                          Sales at Less Than Fair Value and
                                                name from Dow Corning Silicio do Brasil Indústria    disclosed under APO in accordance                               Final Affirmative Determination of
                                                e Comércio Ltda. (DC Silicio) on June 30, 2017.      with 19 CFR 351.305(a)(3). Timely
sradovich on DSK3GMQ082PROD with NOTICES




                                                Commerce verified this name change. See Issues                                                                        Critical Circumstances in Part
                                                and Decision Memorandum at 2.                         written notification of the return/
                                                  9 As discussed in the Preliminary Determination,    destruction of APO materials or                                 AGENCY:  Enforcement and Compliance,
                                                Commerce has found the following companies to be conversion to judicial protective order is                           International Trade Administration,
                                                cross-owned with Palmyra do Brasil, previously        hereby requested. Failure to comply                             Department of Commerce.
                                                known as Dow Corning Silicio do Brasil Indústria
                                                e Comércio Ltda. (DC Silicio): Palmyra Recursos
                                                                                                      with the regulations and terms of an                            SUMMARY: The Department of Commerce
                                                Naturais Exploração e Comércio Ltda. and Dow       APO is a violation which is subject to                          (Commerce) determines that imports of
                                                Corning Metais do Pará IND.                          sanction.                                                       silicon metal from Australia are being,


                                           VerDate Sep<11>2014       16:51 Mar 07, 2018       Jkt 244001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\08MRN1.SGM   08MRN1



Document Created: 2018-03-08 01:47:53
Document Modified: 2018-03-08 01:47:53
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.
ContactRobert Palmer or George Ayache, 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) 482-9068 or (202) 482-2623, respectively.
FR Citation83 FR 9838 

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