[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13321-13322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04512]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: February 27, 2013.
SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on silicon metal 
from the People's Republic of China (``PRC'') for the period of review 
(``POR'') June 1, 2011, through May 31, 2012. This review covers one 
PRC company, Shanghai Jinneng International Trade Co., Ltd. (``Shanghai 
Jinneng'').\1\ The Department preliminarily finds that Shanghai Jinneng 
did not have reviewable transactions during the POR. We intend to issue 
the final results no later than 120 days from the date of publication 
of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 
1930, as amended (the ``Act'').
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
45338 (July 31, 2012) (``Initiation Notice'').

FOR FURTHER INFORMATION CONTACT: Lori Apodaca, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
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Washington, DC 20230; telephone: (202) 482-4551.

SUPPLEMENTARY INFORMATION: 

Background

    On June 1, 2012, the Department published a notice of an 
opportunity to request an administrative review of the antidumping duty 
order on silicon metal from the PRC.\2\ On June 29, 2012, Globe 
Metallurgical Inc. (``Petitioner'') requested a review of Shanghai 
Jinneng.\3\ On July 31, 2012, the Department initiated the review of 
Shanghai Jinneng.\4\ Shanghai Jinneng certified that the company had no 
shipments of subject merchandise to the United States during the POR on 
August 9, 2012.\5\ On October 18, 2012, the Department notified U.S. 
Customs and Border Protection (``CBP'') of the company claiming no 
shipments and requested that if CBP has information contradicting the 
claim, it provide such information.\6\ On November 9, 2012, the 
Department notified parties that the results of the CBP query indicated 
that Shanghai Jinneng had not shipped subject merchandise during the 
POR.\7\
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    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 77 FR 32528 (June 1, 2012).
    \3\ See Letter from Petitioner to the Department of Commerce, 
Re: Request for Administrative Review, dated June 29, 2012.
    \4\ See Initiation Notice.
    \5\ See Letter from Shanghai Jinneng to the Department of 
Commerce, Re: No Sales Certification, dated August 9, 2012.
    \6\ See Instructions from the Department to CBP, Re: No 
Shipments Inquiry for Silicon Metal from the People's Republic of 
China Exported by Shanghai Jinneng International Trade Co., Ltd. (A-
570-806), Message number 2292301, dated October 18, 2012 (``CBP 
Inquiry'').
    \7\ See Memorandum to the File, Re: Antidumping Duty 
Administrative Review of Silicon Metal from the People's Republic of 
China, dated November 9, 2012 (``CBP Query'').
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    As explained in the memorandum from the Assistant Secretary for 
Import Administration, the Department has exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 29 through October 30, 2012.\8\ Thus, all 
deadlines in this segment of the proceeding have been extended by two 
days. The revised deadline for the preliminary results of this review 
is now March 4, 2013.
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    \8\ See Memorandum to the Record from Paul Piquado, AS for 
Import Administration, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Hurricane,'' 
dated October 31, 2012.
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Scope of the Order

    Imports covered by the order are shipments of silicon metal 
containing at least 96.00 but less than 99.99 percent of silicon by 
weight. Also covered by the order is silicon metal from the PRC 
containing between 89.00 and 96.00 percent silicon by weight but which 
contain a higher aluminum content than the silicon metal containing at 
least 96.00 percent but less than 99.99 percent silicon by weight. 
Silicon metal is currently provided for under subheadings 2804.69.10 
and 2804.69.50 of the Harmonized Tariff Schedule of the United States 
(``HTSUS'') as a chemical product, but is commonly referred to as a 
metal. Semiconductor-grade silicon (silicon metal containing by weight 
not less than 99.99 percent of silicon and provided for in subheading 
2804.61.00 of the HTSUS) is not subject to the order. Although the 
HTSUS

[[Page 13322]]

subheadings are provided for convenience and for customs purposes, the 
written description of the merchandise is dispositive.

Preliminary Determination of No Shipments

    As noted in the ``Background'' section above, Shanghai Jinneng has 
submitted a timely-filed certification indicating that it had no 
shipments of subject merchandise to the United States during the POR. 
In addition, in response to our no-shipments inquiry, CBP did not 
provide any evidence contradicting Shanghai Jinneng's claim of no 
shipments. Further, on November 9, 2012, the Department released to 
interested parties the results of the CBP query that it used for 
corroboration of Shanghai Jinneng's no-shipments claim.\9\ The 
Department received no comments from any interested parties concerning 
the results of the CBP query.
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    \9\ See CBP Query.
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    Based on the certification of Shanghai Jinneng and our analysis of 
CBP information, we preliminarily determine that Shanghai Jinneng did 
not have any reviewable transactions during the POR. In addition, 
consistent with the Department's recently announced refinement to its 
assessment practice in non-market economy (``NME'') cases, the 
Department finds that it is appropriate not to rescind the review in 
these circumstances but rather, to complete the review with respect to 
Shanghai Jinneng and issue appropriate instructions to CBP based on the 
final results of the review.\10\
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    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (Oct. 24, 2011) and the 
``Assessment Rates'' section, below.
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Comments

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments within 30 
days of the date of publication of this notice, pursuant to 19 CFR 
351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the 
case briefs, will be due five days after the due date for case briefs, 
pursuant to 19 CFR 351.309(d). Written argument should be filed 
electronically using Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS'').\11\ Parties who submit case or rebuttal briefs in this 
proceeding are requested to submit with each argument a statement of 
the issue, a summary of the argument not to exceed five pages, and a 
table of statutes, regulations, and cases cited, in accordance with 19 
CFR 351.309(c)(2).
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    \11\ See, generally, 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
U.S. Department of Commerce. The request must be filed electronically 
using IA ACCESS. An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days 
after the date of publication of this notice.\12\ Requests should 
contain: (1) The party's name, address and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case briefs.
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    \12\ See 19 CFR 351.310(c).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. The Department intends to issue assessment 
instructions to CBP within 15 days after the publication date of the 
final results of this review. Pursuant to the recently announced 
refinement to its assessment practice in NME cases, if the Department 
continues to determine that an exporter under review had no shipments 
of the subject merchandise, any suspended entries that entered under 
that exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the PRC-wide rate. For a full discussion of this 
practice, see Non-Market Economy Antidumping Proceedings: Assessment of 
Antidumping Duties, 76 FR 65694 (October 24, 2011).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For Shanghai 
Jinneng, which claimed no shipments, the cash deposit rate will remain 
unchanged from the rate assigned to the company in the most recently 
completed review of the company; (2) for previously investigated or 
reviewed PRC and non-PRC exporters who are not under review in this 
segment of the proceeding but who have separate rates, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (3) for all PRC exporters of subject merchandise 
that have not been found to be entitled to a separate rate the cash 
deposit rate will be the PRC-wide rate of 139.49 percent; \13\ and (4) 
for all non-PRC exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the PRC exporter(s) that supplied that non-PRC exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \13\ For an explanation of the calculation of the PRC-wide rate, 
see Final Determination of Sales at Less Than Fair Value: Silicon 
Metal from the People's Republic of China, 56 FR 18570, 18571-2 
(April 23, 1991).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: February 20, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-04512 Filed 2-26-13; 8:45 am]
BILLING CODE 3510-DS-P