[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Notices]
[Pages 40395-40396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17430]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal From the People's Republic of China: Preliminary
Rescission of the Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Yunnan Fuyang Trade Co., Ltd. (Fuyang), the sole company under
review, did not make a bona fide sale for antidumping purposes during
the period of review (POR) June 1, 2017 through May 31, 2018. Thus,
Commerce is preliminarily rescinding this review. We invite interested
parties to comment on these preliminary results.
DATES: Applicable August 14, 2019.
FOR FURTHER INFORMATION CONTACT: Eli Lovely, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1593.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of this review on
August 10, 2018.\1\ On January 28, 2019, Commerce exercised its
discretion to toll all deadlines affected by the closure of the federal
government from December 22, 2018 through January 28, 2019.\2\ Pursuant
to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), Commerce extended these preliminary results by 120 days, until
August 9, 2019.\3\ For a complete discussion of the background of this
review, see the Preliminary Decision Memorandum.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 39688 (August 10, 2018) (Initiation
Notice).
\2\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\3\ See Memorandum, ``Antidumping Duty Administrative Review of
Silicon Metal from the People's Republic of China: Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review,'' dated March 12, 2019.
\4\ See Decision Memorandum for the Preliminary Rescission of
the Antidumping Duty Administrative Review of Silicon Metal from the
People's Republic of China; 2017-2018 (Preliminary Decision
Memorandum), dated concurrently with, and hereby adopted by, this
notice.
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Scope of the Order
The product covered by the order is silicon metal containing at
least 96.00 but less than 99.99 percent of silicon by weight, and
silicon metal with a higher aluminum content containing between 89 and
96 percent silicon by weight. The subject merchandise is currently
classifiable under item numbers 2804.69.10 and 2804.69.50 of the
Harmonized Tariff Schedule of the United States (HTSUS) as a chemical
product, but is commonly referred to as a metal. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise is dispositive.\5\
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\5\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act and (2) of the Act. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum, which is hereby adopted by this notice. The topics
discussed in the Preliminary Decision Memorandum are listed in the
Attachment to 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 is available in the Central Records Unit,
Room B8024 of the main Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
Bona Fides Analysis
As discussed in the Bona Fide Sales Analysis Memorandum,\6\
Commerce preliminarily finds that the sale made by Fuyang serving as
the basis for this review is not a bona fide sale for antidumping
purposes. Commerce reached this conclusion based on the totality of the
following circumstances regarding Fuyang's reported sale: The price and
quantity of the U.S. sale; concerns regarding the resale's
profitability and the arm's-length nature of the transaction; the
limited number of sales (i.e., one sale) that Fuyang reported during
the POR; and other factors relevant as to whether the sale under review
is likely to typical of future sales.
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\6\ See Memorandum, ``2017-2018 Antidumping Duty Administrative
Review of Silicon Metal from the People's Republic of China:
Preliminary Bona Fide Sales Analysis for Yunnan Fuyang Trade Co.,
Ltd.,'' dated concurrently with this notice (Bona Fide Sale Analysis
Memorandum).
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Preliminary Rescission of Review
Because the non-bona fide sale was the only reported sale of
subject merchandise during the POR, we find that Fuyang had no
reviewable transactions during this POR. Accordingly, we are
preliminarily rescinding this administrative review.\7\ Given that the
factual information used in our bona fides analysis of Fuyang's sale
involves business proprietary information, see the Bona Fide Sales
Analysis Memorandum for a full discussion of the basis for our
preliminary determination.
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\7\ See 19 CFR 351.213(d)(3).
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of the preliminary results of review.\8\
Rebuttals to case briefs may be filed no later than five days after the
briefs are filed.\9\ All rebuttal comments must be limited to comments
raised in the case briefs.\10\
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\8\ See 19 CFR 351.309(c)(ii).
\9\ See 19 CFR 351.309(d)(1).
\10\ See 19 CFR 351.309(d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement &
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\11\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Oral argument presentations will be
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date
and time to be determined.\12\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. Documents
excepted from the electronic
[[Page 40396]]
submission requirements must be filed manually (i.e., in paper form)
with the APO/Dockets Unit in Room 18022, and stamped with the date and
time of receipt by 5 p.m. ET on the due date.\13\
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\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs received, no later than 120 days after the date these
preliminary results of review are published, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
If Commerce proceeds to a final rescission of this administrative
review, the assessment rate to which Fuyang's shipments will be subject
will not be affected by this review. If Commerce does not proceed to a
final rescission of this administrative review, pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment rates based on the final results of this review.
Cash Deposit Requirements
If Commerce proceeds to a final rescission of this administrative
review, Fuyang's cash deposit rate will continue to be the China-wide
entity rate of 139.49 percent. If Commerce does not proceed to a final
rescission of this administrative review, but calculates a dumping
margin for Fuyang, we will instruct CBP to collect a cash deposit,
effective upon the publication of the final results, at the dumping
rate calculated for Fuyang.
Notification to Importers
This notice serves as a 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
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 the 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
We are issuing and publishing this notice in accordance with
sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213.
Dated: August 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-17430 Filed 8-13-19; 8:45 am]
BILLING CODE 3510-DS-P