[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Notices]
[Pages 11720-11722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04003]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-893-001; A-400-001]


Silicon Metal From Bosnia and Herzegovina and Iceland: Final 
Affirmative Determinations of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances for Iceland

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of silicon metal from Bosnia and Herzegovina (Bosnia) and Iceland are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV) during the period of investigation April 1, 2019, through 
March 31, 2020.

[[Page 11721]]


DATES: Applicable February 26, 2021.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer (Bosnia) and Emily 
Halle (Iceland), AD/CVD Operations, Office V, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-3860 and (202) 482-0176, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 11, 2020, Commerce published in the Federal Register 
the Preliminary Determinations of sales at LTFV relating to imports of 
silicon metal from Bosnia and Iceland.\1\ We invited interested parties 
to comment on the Preliminary Determinations. A summary of the events 
that occurred since Commerce published the Preliminary Determinations, 
as well as a full discussion of the issues raised by parties for these 
final determinations, may be found in the Issues and Decision 
Memoranda.\2\
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    \1\ See Silicon Metal from Bosnia and Herzegovina and Iceland: 
Preliminary Affirmative Determinations of Sales at Less Than Fair 
Value, 85 FR 80009 (December 11, 2020) (Preliminary Determinations), 
and accompanying Preliminary Decision Memorandum.
    \2\ See Memoranda, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Silicon Metal from Bosnia and Herzegovina,'' and 
``Issues and Decision Memorandum for the Final Affirmative 
Determination in the Less-Than-Fair-Value Investigation of Silicon 
Metal from Iceland,'' both dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memoranda).
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Scope of the Investigations

    The product covered by these investigations is silicon metal from 
Bosnia and Iceland. For a full description of the scope of these 
investigations, see the ``Scope of the Investigations'' in Appendix I 
of this notice.

Scope Comments

    As stated in the Preliminary Determinations, no interested parties 
commented on the scope of the investigations as it appeared in the 
Initiation Notice.\3\ Accordingly, the scope of the investigations 
remains the same as it appeared in the Initiation Notice. See Appendix 
I of this notice.
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    \3\ 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); see also Preliminary 
Determinations, 85 FR at 80009.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
parties in these investigations are addressed in the Issues and 
Decision Memoranda. Lists of the issues addressed in the Issues and 
Decision Memoranda are attached to this notice as Appendices II and 
III. The Issues and Decision Memoranda are public documents and are 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. In 
addition, complete versions of the Issues and Decision Memoranda can be 
accessed directly at http://enforcement.trade.gov/frn/. The signed and 
electronic versions of the Issues and Decision Memoranda are identical 
in content.

Changes Since the Preliminary Determinations

    Based on our analysis of the comments received, we made no changes 
to the rates assigned in the Preliminary Determinations. For further 
discussion, see the Issues and Decision Memoranda.\4\
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    \4\ See Issues and Decision Memoranda.
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Use of Adverse Facts Available

    There is one mandatory respondent in each investigation: R-S 
Silicon D.O.O. (Bosnia) and PCC Bakki Silicon hf (Iceland). These 
companies failed to cooperate in the Bosnia and Iceland investigation, 
respectively. Therefore, in the Preliminary Determinations, pursuant to 
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the 
Act), Commerce assigned R-S Silicon D.O.O. and PCC Bakki Silicon hf 
rates based on adverse facts available (AFA). There is no new 
information on the record that would cause us to revisit our 
determinations to apply AFA to these companies. Accordingly, we 
continue to find that the application of AFA pursuant to sections 
776(a) and (b) of the Act is warranted.

Final Affirmative Determination of Critical Circumstances for Iceland

    In accordance with section 733(e)(1) of the Act and 19 CFR 
351.206(c)(1), Commerce preliminarily found that critical circumstances 
exist with respect to imports of silicon metal exported by PCC Bakki 
Silicon hf and all other producers/exporters from Iceland.\5\ Our 
determination of critical circumstances is unchanged for the final 
determination. Accordingly, pursuant to section 735(a)(3) of the Act 
and 19 CFR 351.206, we continue to find that critical circumstances 
exist for PCC Bakki Silicon hf and all other producers/exporters from 
Iceland.
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    \5\ See Preliminary Determinations, 85 FR at 80010. Commerce 
only received a critical circumstances allegation with respect to 
Iceland.
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All-Others Rate

    With respect to Bosnia, as discussed in the Preliminary 
Determinations, Commerce based the selection of the all-others rate on 
the dumping margin calculated based on a price-to-constructed value 
comparison provided in the Initiation Notice,\6\ in accordance with 
section 735(c)(5)(B) of the Act. We made no changes to the selection of 
this rate for the final determination.\7\
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    \6\ See Initiation Notice and AD Investigation Initiation 
Checklist: Silicon Metal from Bosnia and Herzegovina, dated July 20, 
2020.
    \7\ See Preliminary Determination, 85 FR at 80010.
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    With respect to Iceland, as discussed in the Preliminary 
Determinations, Commerce based the selection of the all-others rate on 
the simple average of the price-to-price dumping margins provided in 
the Initiation Notice,\8\ in accordance with section 735(c)(5)(B) of 
the Act. We made no changes to the selection of this rate for the final 
determination.\9\
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    \8\ See Initiation Notice and AD Investigation Initiation 
Checklist: Silicon Metal from Iceland, dated July 20, 2020.
    \9\ See Preliminary Determination, 85 FR at 80010.
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Final Determinations

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

------------------------------------------------------------------------
                                                              Dumping
                    Exporter/producer                         margin
                                                             (percent)
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                         Bosnia and Herzegovina
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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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PCC Bakki Silicon hf....................................           47.54
All Others..............................................           37.83
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Disclosure

    The estimated dumping margin assigned to the mandatory respondents 
in these investigations are based on AFA. As we made no changes to 
these margins since the Preliminary Determinations, and because we are 
relying on rates established in the initiation phase of these 
proceedings, no disclosure of calculations is necessary for these final 
determinations.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, for the final 
determination for Bosnia, we will direct U.S. Customs and Border 
Protection (CBP) to continue to suspend

[[Page 11722]]

liquidation of all entries of silicon metal, as described in Appendix I 
of this notice, which are entered, or withdrawn from warehouse, for 
consumption on or after December 11, 2020, the date of publication in 
the Federal Register of the affirmative Preliminary Determinations.
    In accordance with section 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 continue to apply to 
unliquidated entries of silicon metal exported by PCC Bakki and all 
other producers/exporters from Iceland that entered, or were withdrawn 
from warehouse, for consumption on or after September 12, 2020, which 
is 90 days prior to the date of publication of the Preliminary 
Determinations.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit for such 
entries of merchandise equal to the estimated weighted-average dumping 
margin as follows: (1) The cash deposit rate for the companies listed 
in the table above will be equal to the company-specific estimated 
weighted-average dumping margin identified for each company in the 
table; (2) if the exporter is not a company identified above, but the 
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that 
producer of the subject merchandise; and (3) the cash deposit rate for 
all other producers and exporters will be equal to the all-others 
estimated weighted-average dumping margin.
    These suspension of liquidation instructions will remain in effect 
until further notice.

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 
determinations 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 determinations 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 Bosnia and Iceland no 
later than 45 days after these final determinations. If the ITC 
determines that such injury does not exist, these proceedings will be 
terminated, and all cash deposits will be refunded and suspension of 
liquidation will be lifted. If the ITC determines that such injury does 
exist, Commerce will issue antidumping duty orders 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

    These determinations are issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: February 22, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

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 Bosnia Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issue
    Comment: Whether Commerce Should Assign the Highest Original 
Petition Margin as Adverse Facts Available
IV. Recommendation

Appendix III

List of Topics Discussed in the Iceland Issues and Decision Memorandum

I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances
IV. Discussion of the Issue
    Comment: Whether Commerce Should Apply the Highest Petition 
Margin as Adverse Facts Available
V. Recommendation

[FR Doc. 2021-04003 Filed 2-25-21; 8:45 am]
BILLING CODE 3510-DS-P