83 FR 9839 - Silicon Metal From Australia: Affirmative Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances in Part
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 | 9839-9842 | |
| FR Document | 2018-04657 |
[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)] [Notices] [Pages 9839-9842] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04657] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-602-810] Silicon Metal From Australia: Affirmative Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of silicon metal from Australia are being, [[Page 9840]] or are likely to be, sold in the United States at less than fair value (LTFV). In addition, we determine that critical circumstances exist with respect to certain imports of the subject merchandise. The period of investigation (POI) is January 1, 2016, through December 31, 2016. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice. DATES: Applicable March 8, 2018. FOR FURTHER INFORMATION CONTACT: Brian Smith or Denisa Ursu, 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) 482-2285, respectively. SUPPLEMENTARY INFORMATION: Background On October 12, 2017, Commerce published the Preliminary Determination of sales at LTFV of silicon metal from Australia.\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\ --------------------------------------------------------------------------- \1\ See Silicon Metal from Australia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 82 FR 47471 (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 3 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, which is adopted by this notice.\3\ --------------------------------------------------------------------------- \3\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Silicon Metal from Australia,'' 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 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.\5\ --------------------------------------------------------------------------- \4\ See Memorandum, ``Silicon Metal from Australia, Brazil, Kazakhstan, and Norway: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated June 29, 2017 (Preliminary Scope Decision Memorandum). \5\ These parties include Wacker Chemicals Norway A.S., Elkem AS, and the petitioner. --------------------------------------------------------------------------- Commerce reviewed these briefs, considered the arguments therein, and is not making any additional changes to the scope of the investigation. For further discussion, see Commerce's Final Scope Decision Memorandum.\6\ The scope in Appendix I reflects the final scope language. --------------------------------------------------------------------------- \6\ See Memorandum, ``Silicon Metal from Australia, Brazil, Kazakhstan, and Norway: Final Scope Comments Decision Memorandum,'' dated February 27, 2018 (Final Scope Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the petitioner's case briefs \7\ are addressed in either the Final Scope Decision Memorandum or the Issues and Decision Memorandum accompanying this notice, which is hereby adopted by 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. --------------------------------------------------------------------------- \7\ Only the petitioner submitted case briefs in this investigation. --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), we informed Simcoa Operations Pty Ltd. (Simcoa),\8\ that we intended to verify its submitted sales and cost information.\9\ However, on October 12, 2017, Simcoa notified Commerce that it will no longer participate in this investigation.\10\ As a result, Commerce was unable to verify Simcoa's information as required under section 782(i)(1) of the Act. --------------------------------------------------------------------------- \8\ Simcoa is the sole mandatory respondent in this case. \9\ See Preliminary Determination, 82 FR at 47472. \10\ See Letter from Simcoa to the U.S. Secretary of Commerce, ``Silicon Metal from Australia: Withdrawal from Participation as a Respondent,'' dated October 12, 2017. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on Simcoa's decision to no longer participate in this investigation and our analysis of the comments received, we find that Simcoa has been uncooperative in this investigation and that facts available with an adverse inference with respect to Simcoa is warranted in the final determination in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see ``Use of Adverse Facts Available'' section below and the Issues and Decision Memorandum. Final Affirmative Determination of Critical Circumstances in Part In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, we preliminarily found that critical circumstances exist with respect to imports of silicon metal from Simcoa, and do not exist with respect to companies covered by the ``all others'' rate.\11\ Commerce received no comments regarding this issue after the Preliminary Determination. Therefore, for the final determination, we continue to find that, in accordance with section 735(a)(3) of the Act, and 19 CFR 351.206, critical circumstances exist with respect to subject merchandise produced or exported by Simcoa, but do [[Page 9841]] not exist with respect to companies covered by the ``all others'' rate. --------------------------------------------------------------------------- \11\ See Preliminary Decision Memorandum, at 14-16. Note: the Preliminary Determination, at 82 FR 47472, incorrectly stated that critical circumstances exist for imports of the subject merchandise produced or exported by Simcoa and all others. It should have stated that critical circumstances exist for imports of the subject merchandise produced or exported by Simcoa only, consistent with the analysis in the Preliminary Decision Memorandum, at 14-16. --------------------------------------------------------------------------- Use of Adverse Facts Available The mandatory respondent Simcoa failed to allow its sales and cost data to be verified by Commerce. Therefore, we find that the application of facts available with an adverse inference with respect to Simcoa is warranted in the final determination. In applying total adverse facts available, Commerce has assigned to Simcoa's exports of the subject merchandise the rate of 51.28 percent, which is the highest rate calculated in the Petition.\12\ For further discussion, see the Issues and Decision Memorandum at Comments 1 and 2. --------------------------------------------------------------------------- \12\ 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 II at 5. --------------------------------------------------------------------------- All-Others Rate Section 735(c)(5)(B) of the Act provides where, as here, the estimated weighted-average dumping margins established for all exporters and producers individually investigated are zero or de minimis margins, or based entirely on facts available pursuant to section 776 of the Act, Commerce may use any reasonable method to establish the all others rate for exporters and producers not individually investigated. Where the sole individually investigated respondent's margin is based on total AFA under section 776 of the Act, our practice under these circumstances has been to assign as the all others rate the simple average of the margins in the Petition,\13\ which we have done for this final determination.\14\ --------------------------------------------------------------------------- \13\ See, e.g., Certain Uncoated Paper from Australia: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, In Part, 81 FR 3108 (January 20, 2016), and Notice of Preliminary Determination of Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73 FR 5508 (January 30, 2008) (unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73 FR 19814 (April 11, 2008)). \14\ See the Petition, Volume II, at Exhibit AU-AD 1. --------------------------------------------------------------------------- Final Determination The final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Dumping Exporter margin (percent) ------------------------------------------------------------------------ Simcoa Operations Pty Ltd............................... 51.28 All Others.............................................. 41.73 ------------------------------------------------------------------------ Disclosure The weighted-average dumping margin assigned to Simcoa in the final determination of this investigation is the highest rate calculated in the Petition and the all others rate is the simple average of the margins in the Petition. Neither the dumping margin assigned to Simcoa nor the margins used to calculate the all others rate are proprietary in nature and they are considered to be public information (in both the Petition and in the Australia AD Initiation Checklist).\15\ As the rate assigned to Simcoa and the all others rate are based on margins in the Petition, no disclosure of calculations is necessary for this final determination. --------------------------------------------------------------------------- \15\ See the Petition, Volume II at 5 and 48; see also Initiation Notice and accompanying Antidumping Duty Investigation Initiation Checklist: Silicon Metal from Australia (Australia AD Initiation Checklist), at pages 5-9. --------------------------------------------------------------------------- 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 Australia, 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. For entries made by Simcoa, in accordance with section 735(c)(4)(A) of the Act, because we continue to find that critical circumstances exist, we will instruct CBP to continue to suspend liquidation of all appropriate entries of silicon metal from Australia which were entered, or withdrawn from warehouse, for consumption on or after July 14, 2017, which is 90 days prior to the date of publication of the Preliminary Determination. Additionally, for entries made by companies covered by the ``all others'' rate, in accordance with section 735(c)(4)(B) of the Act, because we continue to find that critical circumstances do not exist with regard to imports from all other producers and exporters of silicon metal from Australia, we will instruct CBP to continue to suspend liquidation of all appropriate entries of silicon metal from Australia which were entered, or withdrawn from warehouse, for consumption on or after October 12, 2017, which is the date of publication of the Preliminary Determination. Pursuant to section 735(c)(1) of the Act, we will instruct CBP to require a cash deposit equal to the margins indicated in the chart above.\16\ These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \16\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation of silicon metal from Australia 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 or canceled. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Continuation of Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders This notice 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). [[Page 9842]] 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. Discussion of the Issues: Comment 1: Application of Facts Available for Simcoa Comment 2: Appropriate Rate for Use as Adverse Facts Available IV. Recommendation [FR Doc. 2018-04657 Filed 3-7-18; 8:45 am] BILLING CODE 3510-DS-P
![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,
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![9842 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices
Dated: February 27, 2018. SUPPLEMENTARY INFORMATION: Scope Comments
Christian Marsh,
Background In accordance with the preamble to
Deputy Assistant Secretary for Enforcement Commerce’s regulations,5 the Initiation
and Compliance. This preliminary determination is Notice set aside a period of time for
Appendix I—Scope of the Investigation made in accordance with section 703(b) parties to raise issues regarding product
of the Tariff Act of 1930, as amended coverage, (i.e., scope).6 Certain
The scope of this investigation covers all (the Act). Commerce published the
forms and sizes of silicon metal, including interested parties commented on the
notice of initiation of this investigation scope of the investigation as it appeared
silicon metal powder. Silicon metal contains
at least 85.00 percent but less than 99.99
on October 26, 2017.1 On December 7, in the Initiation Notice. For a summary
percent silicon, and less than 4.00 percent 2017, Commerce postponed the of the product coverage comments and
iron, by actual weight. Semiconductor grade preliminary determination of this rebuttal responses submitted to the
silicon (merchandise containing at least investigation to February 26, 2018.2 record for this preliminary
99.99 percent silicon by actual weight and Commerce exercised its discretion to determination, and accompanying
classifiable under Harmonized Tariff toll deadlines for the duration of the
Schedule of the United States (HTSUS)
discussion and analysis of all comments
closure of the Federal Government from timely received, see the Preliminary
subheading 2804.61.0000) is excluded from January 20 through 22, 2018. As a result,
the scope of this investigation. Scope Decision Memorandum.7
Silicon metal is currently classifiable
the deadline for this preliminary Commerce is preliminarily adopting the
under subheadings 2804.69.1000 and determination became February 28, scope language as it appeared in the
2804.69.5000 of the HTSUS. While HTSUS 2018.3 For a complete description of the Initiation Notice.
numbers are provided for convenience and events that followed the initiation of
customs purposes, the written description of this investigation, see the Preliminary Methodology
the scope remains dispositive. Decision Memorandum.4 A list of topics Commerce is conducting this
Appendix II—List of Topics Discussed discussed in the Preliminary Decision investigation in accordance with section
in the Issues and Decision Memorandum is included as Appendix 701 of the Act. For each of the subsidy
Memorandum II to this notice. The Preliminary programs found countervailable,
Decision Memorandum is a public Commerce preliminarily determines
I. Summary document and is on file electronically
II. Background that there is a subsidy, i.e., a financial
via Enforcement and Compliance’s contribution by an ‘‘authority’’ that
III. Discussion of the Issues:
Comment 1: Application of Facts Available
Antidumping and Countervailing Duty gives rise to a benefit to the recipient,
for Simcoa Centralized Electronic Service System and that the subsidy is specific.8
Comment 2: Appropriate Rate for Use as (ACCESS). ACCESS is available to Commerce notes that, in making these
Adverse Facts Available registered users at http:// findings, it relied, in part, on facts
IV. Recommendation access.trade.gov, and is available to all available and, because it finds that the
[FR Doc. 2018–04657 Filed 3–7–18; 8:45 am] parties in the Central Records Unit, government of India did not act to the
BILLING CODE 3510–DS–P
room B8024 of the main Department of best of its ability to respond to
Commerce building. In addition, a Commerce’s requests for information,
complete version of the Preliminary Commerce drew an adverse inference
DEPARTMENT OF COMMERCE Decision Memorandum can be accessed where appropriate in selecting from
directly at http://enforcement.trade.gov/ among the facts otherwise available.9
International Trade Administration frn/. The signed and electronic versions For further information, see ‘‘Use of
[C–533–880]
of the Preliminary Decision Facts Otherwise Available and Adverse
Memorandum are identical in content. Inferences’’ in the Preliminary Decision
Polytetrafluoroethylene Resin From Scope of the Investigation Memorandum.
India: Preliminary Affirmative
Countervailing Duty Determination The product covered by this All-Others Rate
investigation is PTFE resin from India. Sections 703(d) and 705(c)(5)(A) of
AGENCY: Enforcement and Compliance, For a complete description of the scope the Act provide that in the preliminary
International Trade Administration, of this investigation, see Appendix I. determination, Commerce shall
Department of Commerce.
determine an estimated all-others rate
SUMMARY: The Department of Commerce 1 See Polytetrafluoroethylene Resin from India: for companies not individually
(Commerce) preliminarily determines Initiation of Countervailing Duty Investigation, 82 examined. This rate shall be an amount
that countervailable subsidies are being FR 49592 (October 26, 2017) (Initiation Notice).
equal to the weighted average of the
2 See Polytetrafluoroethylene Resin from India:
provided to producers and exporters of estimated subsidy rates established for
Postponement of Preliminary Determination in the
polytetrafluoroethylene resin (PTFE Countervailing Duty Investigation, 82 FR 57727 those companies individually
resin) from India. The period of (December 7, 2017). The postponement of the examined, excluding any zero and de
investigation is April 1, 2016, through preliminary determination to the 130th day after
March 31, 2017. initiation of the investigation resulted in the
5 See Antidumping Duties; Countervailing Duties,
deadline falling on Sunday, February 25, 2018.
DATES: Effective March 8, 2018. Consistent with Commerce’s practice, the deadline Final Rule, 62 FR 27296, 27323 (May 19, 1997).
FOR FURTHER INFORMATION CONTACT: became the next business day, Monday, February 6 See Initiation Notice.
Toby Vandall, Emily Halle, or Aimee 26. Id. at footnote 6. 7 See Memorandum, ‘‘Polytetrafluoroethylene
3 See Memorandum, ‘‘Deadlines Affected by the Resin from India and the People’s Republic of
Phelan, AD/CVD Operations, Office I,
sradovich on DSK3GMQ082PROD with NOTICES
Shutdown of the Federal Government,’’ dated China: Scope Comments Decision Memorandum for
Enforcement and Compliance, January 23, 2018. All deadlines in this segment of the Preliminary Determinations,’’ dated
International Trade Administration, the proceeding have been extended by three days. concurrently with this notice (Preliminary Scope
U.S. Department of Commerce, 1401 4 See Memorandum, ‘‘Decision Memorandum for Decision Memorandum).
8 See sections 771(5)(B) and (D) of the Act
Constitution Avenue NW, Washington, the Preliminary Determination in the
Countervailing Duty Investigation of regarding financial contribution; section 771(5)(E)
DC 20230; telephone: (202) 482–1664, Polytetrafluoroethylene Resin from India,’’ dated of the Act regarding benefit; and section 771(5A) of
(202) 482–0176, or (202) 482–0697, concurrently with, and hereby adopted by, this the Act regarding specificity.
respectively. notice (Preliminary Decision Memorandum). 9 See sections 776(a) and (b) of the Act.
VerDate Sep<11>2014 16:51 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1](https://thefederalregister.org/doc/83_FR_9885/page/4.svg)
Document Created: 2018-03-08 01:47:40
Document Modified: 2018-03-08 01:47:40
| 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 Denisa Ursu, 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) 482-2285, respectively. | |
| FR Citation | 83 FR 9839 |
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