[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9839-9842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04657]


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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\
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    \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.
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    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\
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    \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).
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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\
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    \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.
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    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.
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    \6\ See Memorandum, ``Silicon Metal from Australia, Brazil, 
Kazakhstan, and Norway: Final Scope Comments Decision Memorandum,'' 
dated February 27, 2018 (Final Scope Decision Memorandum).
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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.
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    \7\ Only the petitioner submitted case briefs in this 
investigation.
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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.
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    \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.
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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.
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    \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.
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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.
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    \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.
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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\
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    \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.
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Final Determination

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Dumping
                        Exporter                              margin
                                                             (percent)
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Simcoa Operations Pty Ltd...............................           51.28
All Others..............................................           41.73
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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.
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    \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.
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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.
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    \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).
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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