[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80009-80011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27316]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-893-001, A-400-001]
Silicon Metal From Bosnia and Herzegovina and Iceland:
Preliminary Affirmative Determinations of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that silicon metal from Bosnia and Herzegovina (Bosnia) and Iceland is
being, or is likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is April 1, 2019
through March 31, 2020. The estimated margins of sales at LTFV are
shown in the ``Preliminary Determinations'' section of this notice.
Interested parties are invited to comment on these preliminary
determinations.
DATES: Applicable December 11, 2020.
FOR FURTHER INFORMATION CONTACT: Robert Galantucci at (202) 482-2923
(Bosnia); and Emily Halle at (202) 482-0176 (Iceland), Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of these investigations
on July 27, 2020.\1\ R-S Silicon D.O.O. (R-S Silicon) is the sole
mandatory respondent in the investigation covering silicon metal from
Bosnia; PCC Bakki Silicon hf (PCC Bakki) is the sole mandatory
respondent in the investigation covering silicon metal from Iceland.
For a complete description of the events that followed the initiation
of these investigations, see the Preliminary Decision Memorandum.\2\ A
list of topics included in the Preliminary Decision Memorandum is
included as Appendix II 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 at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\1\ See Silicon Metal from Bosnia and Herzegovina, Iceland, and
Malaysia: Initiation of Less-Than-Fair-Value Investigations, 85 FR
45177 (July 27, 2020) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determinations in the Less-Than-Fair-Value Investigations of Silicon
Metal from Bosnia and Herzegovina and Iceland,'' dated concurrently
with, and hereby adopted by, this notice.
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Scope of the Investigations
The product covered by these investigations is silicon metal. For a
full description of the scope of these investigations, see the ``Scope
of the Investigations,'' in Appendix I of this notice. Scope Comments
In accordance with the Preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ However, Commerce
received no comments on the scope of these investigations from
interested parties.
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\3\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\4\ See Initiation Notice, 85 FR at 45177.
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Methodology
Commerce is conducting these investigations in accordance with
section 731 of the Tariff Act of 1930, as amended (the Act). Pursuant
to sections 776(a) and (b) of the Act, Commerce has preliminarily
relied upon facts otherwise available to assign dumping margins to R-S
Silicon and PCC Bakki in these investigations because neither
respondent submitted a response to Commerce's antidumping duty
questionnaire. Further, Commerce is preliminarily determining that R-S
Silicon and PCC Bakki failed to cooperate by not acting to the best of
their abilities to comply with a request for information and is using
an adverse inference when selecting from among
[[Page 80010]]
the facts otherwise available (i.e., applying adverse facts available
(AFA)) to R-S Silicon and PCC Bakki, in accordance with section 776(b)
of Act. For a full description of the methodology underlying our
preliminary determinations, see the Preliminary Decision Memorandum.
Critical Circumstances
On October 20, 2020, the petitioners \5\ timely filed a critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the subject merchandise from Iceland.\6\ On
November 5, 2020, Commerce determined the allegation was insufficient
and informed the petitioners that we had no basis to pursue the
critical circumstances allegation at that time.\7\ In response, on
November 11, 2020, the petitioners timely filed an updated critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of silicon metal from Iceland.\8\
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\5\ The petitioners are Globe Specialty Metals, Inc. and
Mississippi Silicon LLC (collectively, the petitioners).
\6\ See Petitioners' Letter, ``Silicon Metal from Iceland:
Allegation of Critical Circumstances,'' dated October 20, 2020.
\7\ See Commerce's Letter, ``Antidumping Duty Investigation of
Silicon Metal from Iceland: Response to Petitioners' Critical
Circumstances Allegation,'' dated November 5, 2020.
\8\ See Petitioners' Letter, ``Silicon metal from Iceland:
Revised Allegation of Critical Circumstances,'' dated November 11,
2020.
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Section 733(e)(1) of the Act provides that Commerce will
preliminarily determine that critical circumstances exist in an LTFV
investigation if there is a reasonable basis to believe or suspect
that: (A) There is a history of dumping and material injury by reason
of dumped imports in the United States or elsewhere of the subject
merchandise, or the person by whom, or for whose account, the
merchandise was imported knew or should have known that the exporter
was selling the subject merchandise at less than its fair value and
that there was likely to be material injury by reason of such sales;
and (B) there have been massive imports of the subject merchandise over
a relatively short period. We preliminarily determine that critical
circumstances exist with respect to imports of silicon metal exported
by PCC Bakki and all other producers/exporters from Iceland.\9\
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\9\ For a full description of Commerce's preliminary critical
circumstances determination, see Preliminary Decision Memorandum.
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All-Others Rate
Sections 733(d)(1)(ii) of the Act provides that in the preliminary
determination Commerce shall determine an estimated all-others rate for
all exporters and producers not individually investigated, in
accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of
the Act states that generally the estimated rate for all-others shall
be an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis margins,
and any margins determined entirely under section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-
average dumping margins established for all exporters and producers
individually examined are zero, de minimis, or determined entirely
under section 776 of the Act, Commerce may use any reasonable method to
establish the estimated weighted-average dumping margin for all other
producers or exporters. The estimated weighted-average dumping margins
in these preliminary determinations were determined entirely under
section 776 of the Act. In cases where no weighted-average dumping
margins other than those determined entirely under section 776 of the
Act have been established for individually examined entities, in
accordance with section 735(c)(5)(B) of the Act, Commerce typically
averages the margins alleged in the petitions and applies the results
to all other entities not individually examined.
With respect to Bosnia, in the Petitions,\10\ the petitioners
provided only one dumping margin, which was based on a price-to-
constructed value comparison. Therefore, for the all-others rate in the
investigation covering silicon metal from Bosnia, we preliminarily
assigned this estimated dumping margin, which is 21.41 percent, as the
all-others rate.\11\
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\10\ See Petitioners' Letter, ``Silicon Metal from Bosnia and
Herzegovina, Iceland, The Republic of Kazakhstan, and Malaysia--
Petition for the Imposition of Antidumping and Countervailing
Duties,'' dated June 30, 2020 (the Petitions) at Volume II; see also
AD Investigation Initiation Checklist: Silicon Metal from Bosnia and
Herzegovina, dated July 20, 2020 (AD Investigation Initiation
Checklist: Bosnia).
\11\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues
and Decision Memorandum at Comment 2; and AD Investigation
Initiation Checklist: Bosnia.
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With respect to Iceland, in the Petitions,\12\ the petitioners
provided dumping margins based on price-to-price comparisons. The
estimated dumping margins for the price-to-price comparisons range from
28.12 percent to 47.54 percent. Therefore, for the all-others rate in
the investigation covering silicon metal from Iceland, we preliminarily
assigned the simple average of the range of margins alleged for subject
merchandise from Iceland in the Petitions, which is 37.83 percent.\13\
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\12\ See the Petitions at Volume III; see also AD Investigation
Initiation Checklist: Silicon Metal from Iceland, dated July 20,
2020 (AD Investigation Initiation Checklist: Iceland).
\13\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues
and Decision Memorandum at Comment 2; and AD Investigation
Initiation Checklist: Iceland.
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Preliminary Determinations
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist during the period April 1, 2019
through March 31, 2020:
Bosnia and Herzegovina
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Dumping
Exporter/producer margin
(percent)
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R-S Silicon D.O.O........................................... 21.41
All Others.................................................. 21.41
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Iceland
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Dumping
Exporter/producer margin
(percent)
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PCC Bakki Silicon hf........................................ 47.54
All Others.................................................. 37.83
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of all entries of silicon metal from Bosnia and Iceland, as described
in the ``Scope of the Investigations'' in Appendix I, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, section 733(e)(2) of the Act provides that, given an
affirmative determination of critical circumstances, any suspension of
liquidation shall apply to unliquidated entries of merchandise entered,
or withdrawn from warehouse, for consumption on or after the later of:
(a) The date which is 90 days before the date on which the suspension
of liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. In accordance with
section
[[Page 80011]]
733(e)(2)(A) of the Act, suspension of liquidation of silicon metal
from Iceland as described in the ``Scope of the investigations'' in
Appendix I, shall apply to unliquidated entries of merchandise from
imports of silicon metal exported by PCC Bakki and all other producers/
exporters from Iceland, that are entered, or withdrawn from warehouse,
for consumption on or after the date which is 90 days before the
publication of this notice, the date suspension of liquidation is first
ordered.
We will also instruct CBP, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d) to require a cash deposit equal to the
margins indicated in the charts above. These suspension of liquidation
instructions will remain in effect until further notice.
Verification
Because each mandatory respondent in these investigations did not
act to the best of their abilities to provide information requested by
Commerce, and Commerce preliminarily determines each of the mandatory
respondents to be uncooperative, we will not conduct verifications.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to each mandatory respondent in these investigations, in accordance
with section 776 of the Act, there are no calculations to disclose.
Public Comment
Interested parties are invited to comment on these preliminary
determinations no later than 30 days after the date of publication of
these preliminary determinations.\14\ Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than seven days
after the deadline date for case briefs.\15\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in these proceedings 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.
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\14\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\15\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) The party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
An electronically filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\16\
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\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Final Determinations
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determinations no later than 75 days after the signature date
of these preliminary determinations.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of our affirmative preliminary
determinations. If our final determinations are affirmative, the ITC
will determine before the later of 120 days after the date of these
preliminary determinations or 45 days after our final determinations
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
These determinations are issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigations
The scope of these investigations 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 these investigations.
Silicon metal is currently classifiable under subheadings
2804.69.1000 and 2804.69.5000 of the HTSUS. While the 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 Preliminary Decision Memoranda
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigations
V. Application of Facts Available, Use of Adverse Inferences,
Corroboration, and Calculation of All-Others Rate
VI. Preliminary Critical Circumstances Finding
VII. Conclusion
[FR Doc. 2020-27316 Filed 12-10-20; 8:45 am]
BILLING CODE 3510-DS-P