[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9829-9831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04666]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-403-805]


Silicon Metal From Norway: Affirmative Final Determination of 
Sales at Less Than Fair Value, Final Determination of No Sales, and 
Final Negative Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of silicon metal from Norway are being, or are likely to be, sold in 
the United States at less than fair value (LTFV). In addition, we 
determine that critical circumstances do not exist with respect to 
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: Brittany Bauer, 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) 482-3860.

SUPPLEMENTARY INFORMATION:

Background

    On October 12, 2017, Commerce published the Preliminary 
Determination of sales at LTFV of silicon metal from Norway.\1\ 
Commerce exercised its discretion to toll 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\ 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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    \1\ See Silicon Metal From Norway: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Negative 
Determination of Critical Circumstances, Preliminary Determination 
of No Shipments, Postponement of Final Determination, and Extension 
of Provisional Measures, 82 FR 47475 (October 12, 2016) (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,'' dated January 23, 2018. All deadlines in 
this segment of the proceeding have been extended by 3 days.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Silicon Metal From Norway,'' 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 
Norway. 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

[[Page 9830]]

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 case and rebuttal briefs by parties in 
this investigation are addressed in either the Final Scope Decision 
Memorandum or the Issues and Decision Memorandum accompanying this 
notice. A list of the issues addressed in the Issues and Decision 
Memorandum is attached to this notice as 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 https://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.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as 
amended, (the Act) in October and November 2017, we conducted 
verification of the sales and cost information submitted by Elkem AS 
(Elkem) for use in our final determination. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by Elkem.\7\ In addition, as provided in section 782(i) of the 
Act, in October 2017, we also verified the no sales claim submitted by 
Wacker Chemicals Norway A.S. (Wacker), using standard verification 
procedures.
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    \7\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the No Shipment 
Claim of Wacker Chemicals Norway A.S. in the Antidumping Duty 
Investigations of Silicon Metal from Norway,'' dated November 6, 
2017; Memorandum, ``Verification of the Sales Response of Elkem AS 
in the Antidumping Duty Investigation of Silicon Metal from 
Norway,'' dated December 1, 2017; Memorandum, ``Verification of the 
Sales Response of Elkem Materials Inc. in the Antidumping Duty 
Investigation of Silicon Metal from Norway,'' dated December 1, 
2017; and Memorandum, ``Verification of the Cost Response of Elkem 
AS in the Antidumping Duty Investigation of Silicon Metal from 
Norway,'' dated December 7, 2017.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Elkem. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.

Final Determination of No Sales

    As noted in the Preliminary Determination, we preliminarily 
determined that Wacker had no sales of subject merchandise during the 
POI.\8\ In October 2017, we verified the no sales claim submitted by 
Wacker.\9\ After issuing the Preliminary Determination, Commerce 
received no comments from interested parties regarding this issue, and 
has not received any information that would cause it to alter its 
Preliminary Determination. Therefore, because the record indicates that 
Wacker did not sell subject merchandise to the United States, Commerce 
continues to find that Wacker had no sales of subject merchandise 
during the POI.
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    \8\ See Preliminary Determination, at 47476.
    \9\ See Memorandum, ``Verification of the No Shipment Claim of 
Wacker Chemicals Norway A.S. in the Antidumping Duty Investigation 
of Silicon Metal from Norway,'' dated November 6, 2017.
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Final Negative Determination of Critical Circumstances

    For the Preliminary Determination, Commerce found that critical 
circumstances do not exist with respect to imports of silicon metal 
from Elkem, as well as ``all other'' producers and exporters of subject 
merchandise.\10\ In this final determination, Commerce continues to 
find that, in accordance with 735(a)(3) of the Act, critical 
circumstances do not exist for Elkem or ``all other'' producers and 
exporters (including Wacker) in this investigation. A discussion of the 
determination can be found in the ``Negative Determination of Critical 
Circumstances'' section of the Issues and Decision Memorandum.
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    \10\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum, at 15-18.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
shall be equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually investigated excluding rates that are zero, de minimis 
margins or determined entirely under section 776 of the Act. Elkem is 
the only respondent for which Commerce calculated an estimated 
weighted-average dumping margin that is not zero, de minimis, or based 
entirely on facts otherwise available. Therefore, for purposes of 
determining the ``all-others'' rate and pursuant to section 
735(c)(5)(A) of the Act, we are using the estimated weighted-average 
dumping margin calculated for Elkem, as referenced in the ``Final 
Determination'' section below.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                        dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Elkem AS................................................            3.22
All Others..............................................            3.22
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Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

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 
Norway, 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. Further, we will instruct CBP to 
require a cash deposit equal to the estimated weighted-average dumping 
margins indicated in the chart above.\11\ These suspension of

[[Page 9831]]

liquidation instructions will remain in effect until further notice.
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    \11\ 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 Norway 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 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 serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary 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 the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) 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. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
    1. Offset Cost of Manufacture for Miscellaneous Income Items
    2. Commerce Should Adjust G&A Expenses to Reflect Total 
Miscellaneous Income
    3. Whether to Calculate the G&A Expense Rate On a Company- or 
Division-Specific Basis
    4. Elkem High Purity Silicon Grades
    5. Constructed Export Price Offset
    6. Weight Basis for International Freight Expenses
    7. Pre-POI Merchandise Storage Costs
    8. Marine Insurance Ministerial Error
    9. Corrections Found at Verification
VII. Recommendation

[FR Doc. 2018-04666 Filed 3-7-18; 8:45 am]
 BILLING CODE 3510-DS-P