[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13326-13327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05688]
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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; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
DATES: Effective Date: March 14, 2016.
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, 2014, through May 31, 2015. This review covers two
PRC companies. The Department preliminarily determines that both of the
companies under review, Shanghai Jinneng and Shanghai Jinfeng, are part
of the PRC-wide entity. Interested parties are invited to comment on
these preliminary results.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3147.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
administrative review on August 3, 2015.\1\ The Department has
exercised its discretion to toll all administrative deadlines due to
the recent closure of the Federal Government because of Snowstorm
``Jonas''. Thus, all of the deadlines in this segment of the proceeding
have been extended by four business days. The revised deadline for the
preliminary results of review is now March 7, 2016.\2\ For a complete
description of the events that followed the initiation of this
administrative review, see the Preliminary Decision Memorandum \3\ that
is dated concurrently with, and hereby adopted by, this notice. The
Preliminary 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
in the Central Records Unit, room B8024 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Results Decision Memorandum can be accessed directly on the Internet at
http://enforcement.trade.gov/frn/index.html. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 45947 (August 03, 2015) (``Initiation
Notice''). The companies under review are: Shanghai Jinneng
International Trade Co. Ltd. (``Shanghai Jinneng'') and Shanghai
Jinfeng Hardware Plastics Co. Ltd. (``Shanghai Jinfeng'').
\2\ See Memorandum to the Record from Ron Lorentzen, Acting
Assistant Secretary for Enforcement & Compliance, regarding
``Tolling of Administrative Deadlines as a Result of the Government
Closure during Snowstorm Jonas,'' dated January 27, 2016.
\3\ See Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Silicon Metal from the
People's Republic of China; 2014-2015 (``Preliminary Decision
Memorandum''), from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
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Scope of the Order
The merchandise covered by this review is silicon metal containing
at least 96.00 percent, but less than 99.99 percent of silicon by
weight. Also covered by this review is silicon metal containing between
89.00 and 96.00 percent silicon by weight but which contains a higher
aluminum content than the silicon metal containing at least 96.00
percent but less than 99.99 percent silicon by weight (58 FR 27542, May
10, 1993). Silicon metal is currently provided for under subheadings
2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule (``HTS'')
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 HTS) is not subject to this order. Although the HTS
numbers are provided for convenience and customs purposes, the written
description remains dispositive.
[[Page 13327]]
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
The Department preliminarily determines that Shanghai Jinneng and
Shanghai Jinfeng are part of the PRC-wide entity. No review has been
requested for the PRC-wide entity. The PRC-wide rate is 139.49 percent.
Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments, filed
electronically using ACCESS, within 30 days of the date of publication
of this notice, pursuant to 19 CFR 351.309(c)(1)(ii).\4\ 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).
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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\4\ See also 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties, who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using ACCESS. Electronically filed case briefs/
written comments and hearing requests must be received successfully in
their entirety by the Department's electronic records system, ACCESS,
by 5:00 p.m. Eastern Standard Time, within 30 days after the date of
publication of this notice.\5\ Hearing 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 issues raised in the respective
case briefs. If a request for a hearing is made, parties will be
notified of the time and date of the hearing which will be held at the
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington
DC 20230. 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.
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\5\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\6\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. The Department intends to instruct CBP to liquidate entries of
subject merchandise from Shanghai Jinneng and Shanghai Jinfeng, at
139.49 percent (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).
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\6\ See 19 CFR 351.212(b)(1).
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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 of the
final results of review, as provided by section 751(a)(2)(C) of the
Act: (1) For previously investigated or reviewed PRC and non-PRC
exporters which are not under review in this segment of the proceeding
but which have separate rates, the cash deposit rate will continue to
be the exporter-specific rate published for the most recent period; (2)
for all PRC exporters of subject merchandise that have not been found
to be entitled to a separate rate, including Shanghai Jinneng and
Shanghai Jinfeng, the cash deposit rate will be the PRC-wide entity
rate of 139.49 percent; and (3) 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.
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 review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: March 7, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Sections in the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Methodology
Non-Market Economy Country Status
PRC-Wide Entity
Recommendation
[FR Doc. 2016-05688 Filed 3-11-16; 8:45 am]
BILLING CODE 3510-DS-P