[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9831-9833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04664]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-834-808]


Silicon Metal from the Republic of Kazakhstan: Final Affirmative 
Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of silicon metal from the Republic of Kazakhstan (Kazakhstan) during 
the period of investigation (POI) January 1, 2016, through December 31, 
2016.

DATES: Applicable March 8, 2018.

FOR FURTHER INFORMATION CONTACT: Rebecca M. Janz or Maria Tatarska, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-2972 or (202) 
482-1562, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The petitioner in this investigation is Globe Specialty Metals, 
Inc. In addition to the Government of Kazakhstan, the mandatory 
respondent in this investigation is Tau-Ken Temir LLP (Tau-Ken Temir).
    A summary of the events that occurred since Commerce published the 
Preliminary Determination \1\ on August 14, 2017, as well as a full 
discussion of the issues raised by parties for this final 
determination, may be found in the accompanying Issues and Decision 
Memorandum, which is hereby adopted by this notice.\2\ 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 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 Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
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    \1\ See Silicon Metal from the Republic of Kazakhstan: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 82 FR 37847 (August 14, 2017) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Silicon Metal from Kazakhstan,'' dated concurrently with this notice 
(Issues and Decision Memorandum).
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through January 
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.\3\
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    \3\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
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Scope of the Investigation

    The product covered by this investigation is silicon metal from 
Kazakhstan. For a complete description of the scope of this 
investigation, see Appendix I.

[[Page 9832]]

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.
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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).
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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.\5\ The scope in Appendix I reflects the final 
scope language.
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    \5\ 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 Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, we made certain changes to the subsidy rate calculated for 
Tau-Ken Temir since the Preliminary Determination. As a result of these 
changes, Commerce has also revised the ``all-others rate.'' For a 
discussion of these changes, see the Issues and Decision Memorandum.

Use of Facts Otherwise Available Including Adverse Inferences

    For purposes of this final determination, we have continued to 
determine that the Government of Kazakhstan and Tau-Ken Temir failed to 
act to the best of their abilities in responding to Commerce's requests 
for information. Accordingly, we continue to rely on facts available 
with adverse inferences, in accordance with sections 776(a)-(d) of the 
Tariff Act of 1930, as amended (the Act), to calculate the subsidy rate 
for the mandatory respondent. A full discussion of our decision to rely 
on adverse facts available is presented in the ``Use of Facts Otherwise 
Available and Adverse Inferences'' section of the Issues and Decision 
Memorandum.

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
determined a rate for Tau-Ken Temir (the only individually investigated 
exporter/producer of subject merchandise). Section 705(c)(5)(A)(i) of 
the Act states that, for companies not individually investigated, we 
will determine an ``all others'' rate equal to the weighted-average 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act. Where the rates for investigated companies are 
zero or de minimis, or based entirely on facts otherwise available, 
section 705(c)(5)(A)(ii) of the Act instructs Commerce to establish an 
``all others'' rate using ``any reasonable method.''
    In this investigation, Commerce assigned a rate based entirely on 
facts available to Tau-Ken Temir. Accordingly, we are using ``any 
reasonable method'' to establish the all-others rate. We find that it 
is reasonable to rely on the rate established for Tau-Ken Temir as the 
all-others rate, particularly because there is no other information on 
the record that can be used to determine an all-others rate. We 
determine the total estimated net countervailable subsidy rates to be:
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    \6\ As discussed in the Issues and Decision Memorandum, Commerce 
continues to find that the following companies are cross-owned with 
TauKen Temir LLP: JSC NMC Tau-Ken Samruk and LLP Silicon Mining.

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                                                           Subsidy rate
                         Company                             (percent)
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Tau-Ken Temir LLP \6\...................................             100
All Others..............................................             100
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Suspension of Liquidation

    As a result of our affirmative Preliminary Determination, pursuant 
to section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of entries of subject 
merchandise from Kazakhstan which were entered or withdrawn from 
warehouse, for consumption on or after August 14, 2017, the date of the 
publication of the Preliminary Determination in the Federal 
Register.\7\
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    \7\ See Preliminary Determination, 82 FR at 37848.
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    In accordance with section 703(d) of the Act, we later issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after December 12, 2017, but to continue the 
suspension of liquidation of all entries from August 14, 2017, through 
December 11, 2017, as appropriate.
    We will issue a countervailing duty (CVD) order and reinstate the 
suspension of liquidation in accordance with our final determination 
and under section 706(a) of the Act if the United States International 
Trade Commission (ITC) issues a final affirmative injury determination, 
and we will instruct CBP to require a cash deposit of estimated 
countervailing duties for such entries of merchandise in the amounts 
indicated above. If the ITC determines that material injury, or threat 
of material injury, does not exist, this proceeding will be terminated 
and all estimated duties deposited as a result of the suspension of 
liquidation will be refunded.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305(a)(3). Timely written notification of the return/
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 violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d)

[[Page 9833]]

and 777(i) of the Act and 19 CFR 351.210(c).

    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. Period of Investigation
IV. Scope of the Investigation
V. Analysis of Comments
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to the Government of Kazakhstan (GOK)
    Comment 2: Whether Tau-Ken Temir Is Cross-Owned with JSC NME 
Tau-Ken Samruk (Tau-Ken Samruk) and LLP Silicon Mining (Silicon 
Mining)
    Comment 3: Whether Commerce Should Apply AFA to Tau-Ken Temir
    Comment 4: Whether Commerce's Rejection of New Factual 
Information was Unlawful
    Comment 5: Whether Commerce Selected an Appropriate AFA Rate
    Comment 6: Whether the Sale of Assets to Tau-Ken Temir's Parent 
Company is a Countervailable Subsidy
VI. Recommendation

[FR Doc. 2018-04664 Filed 3-7-18; 8:45 am]
 BILLING CODE 3510-DS-P