[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Notices]
[Pages 21521-21522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09354]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-805]


Silicomanganese From Ukraine: Preliminary Results of Antidumping 
Duty Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on silicomanganese 
from Ukraine. The period of review (POR) is August 1, 2015, through 
July 31, 2016. The review covers two exporters of the subject 
merchandise, PJSC Zaporozhye Ferroalloy Plant (ZFP), and PJSC Nikopol 
Ferroalloy Plant (NFP). The Department preliminarily finds, based on 
the application of adverse facts available, that subject merchandise 
has been sold in the United States at prices below normal value during 
the POR.

DATES: Effective May 9, 2017.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-0665.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The product covered by this order is silicomanganese from Ukraine. 
Most silicomanganese is currently classifiable under subheading 
7202.30.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Some silicomanganese may also currently be classifiable under 
HTSUS subheading 7202.99.8040. While the HTSUS subheadings are provided 
for convenience and customs purposes, the written description is 
dispositive. A full description of the scope of the order is contained 
in the Preliminary Decision Memorandum.\1\
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    \1\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, entitled, ``Decision Memorandum for the 
Preliminary Results in the Administrative Review of the Antidumping 
Duty Order on Silicomanganese from Ukraine; 2015-2016,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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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. A list of the topics included in the 
Preliminary Decision Memorandum is included as an appendix to this 
notice. The Preliminary Decision Memorandum is a public document and is 
made available to the public via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users

[[Page 21522]]

at https://access.trade.gov, and it 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 Preliminary Decision 
Memorandum is available at http://enforcement.trade.gov/frn/.

Adverse Facts Available

    Because the mandatory respondents ZFP and NFP failed to provide 
requested information, we preliminarily determine to apply adverse 
facts available (AFA) to these companies, in accordance with sections 
776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, 
see the Preliminary Decision Memorandum.

Preliminary Results of Administrative Review

    We preliminary determine that the following weighted-average 
dumping margins exist for the respondents for the period of August 1, 
2015, through July 31, 2016:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
PJSC Zaporozhye Ferroalloy Plant...........................       163.00
PJSC Nikopol Ferroalloy Plant..............................       163.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary results of 
review within five days of the date of publication of the notice of 
preliminary results of review in the Federal Register, in accordance 
with 19 CFR 351.224(b). However, because the Department preliminarily 
determined each respondent's weighted-average dumping margin based on 
AFA, as described in the Preliminary Decision Memorandum, there are no 
calculations to disclose. This meets our regulatory obligation.
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\2\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\3\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\4\
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    \2\ See 19 CFR 351.309(c)(ii).
    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
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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. 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.
    All documents submitted to the Department must normally be filed 
electronically via ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\5\
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    \5\ See 19 CFR 351.310(c).
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    The Department will 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 shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. For the final 
results, if we continue to rely on adverse facts available to establish 
ZFP's and NFP's weighted-average dumping margins we will instruct CBP 
to apply an ad valorem assessment rate of 163.00 percent to all entries 
of subject merchandise during the POR which were exported by ZFP and 
NFP. We intend to issue instructions to CBP 15 days after the 
publication date of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of 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 this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rates for subject 
merchandise exported by ZFP and NFP will be equal to the weighted-
average dumping margins established in the final results of this 
administrative review; (2) for merchandise exported by producers or 
exporters not covered in this administrative review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently completed 
segment of this proceeding; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 163.00 percent, the all-
others rate established in the investigation.\6\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \6\ See Suspension Agreement on Silicomanganese from Ukraine; 
Termination of Suspension Agreement and Notice of Antidumping Duty 
Order, 66 FR 43838 (August 21, 2001) (clarifying that the ``Ukraine-
Wide Rate'' of 163 percent applies to all producers and exporters of 
subject silicomanganese not specifically listed in Notice of Final 
Determination of Sales at Less Than Fair Value: Silicomanganese from 
Ukraine, 59 FR 62711 (December 6, 1994) (where an AFA rate of 163 
percent was applied to ZFP and NFP, the mandatory respondents in the 
original investigation).
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Notification to Importers

    This notice 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 POR. 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.

Notification to Interested Parties

    The Department is issuing and publishing these preliminary results 
of review in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: May 3, 2017.
Ronald K. Lorentzen
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum:

1. Summary
2. Background
3. Scope of the Order
4. Use of Facts Available and Adverse Inferences
5. Recommendation

[FR Doc. 2017-09354 Filed 5-8-17; 8:45 am]
BILLING CODE 3510-DS-P