[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Pages 20365-20366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08111]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-834-811]


Silicon Metal From the Republic of Kazakhstan: Countervailing 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing a countervailing duty order on silicon metal from 
the Republic of Kazakhstan (Kazakhstan).

DATES: Applicable April 19, 2021.

FOR FURTHER INFORMATION CONTACT: Justin Neuman, 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) 482-0486.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 705(a), 705(d), and 777(i)(1) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on 
February 26, 2021, Commerce published its affirmative final 
determination that countervailable subsidies are being provided to 
producers and exporters of silicon metal from Kazakhstan.\1\ On April 
12, 2021, the ITC notified Commerce of its affirmative final 
determination that pursuant to sections 705(b)(1)(A)(i) and 705(d) of 
the Act, an industry in the United States is materially injured by 
reason of subsidized imports of silicon metal from Kazakhstan.\2\
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    \1\ See Silicon Metal from the Republic of Kazakhstan: Final 
Affirmative Countervailing Duty Determination, 86 FR 11725 (February 
26, 2021) (Final Determination) and accompanying Issues and Decision 
Memorandum.
    \2\ See ITC's Letter, ITC Notification, dated April 12, 2021 
(ITC Notification Letter).
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Scope of the Order

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

Countervailing Duty Order

    On April 12, 2021, in accordance with sections 705(b)(1)(A)(i) and 
705(d) of the Act, the ITC notified Commerce of its final determination 
that an industry in the United States is materially injured by reason 
of subsidized imports of silicon metal from Kazakhstan.\3\ Therefore, 
in accordance with section 705(c)(2) of the Act, Commerce is issuing 
this countervailing duty order. Because the ITC determined that imports 
of silicon metal from Kazakhstan are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from Kazakhstan, 
which are entered or withdrawn from warehouse for consumption, are 
subject to the assessment of countervailing duties.
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    \3\ Id.
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    Therefore, in accordance with section 706(a) of the Act, Commerce 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, countervailing duties for all relevant 
entries of silicon metal from Kazakhstan. Countervailing duties will be 
assessed on unliquidated entries of silicon metal from Kazakhstan which 
are entered, or withdrawn from warehouse, for consumption on or after 
December 3, 2020, the date of publication of the Preliminary 
Determination,\4\ but will not include entries occurring after the 
expiration of the provisional measures period and before the 
publication of the ITC's final injury determination under section 
705(b) of the Act, as further described below.
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    \4\ See Silicon Metal from the Republic of Kazakhstan: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 85 FR 78122 (December 3, 2020) (Preliminary 
Determination).

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[[Page 20366]]

Suspension of Liquidation and Cash Deposits

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of silicon metal from 
Kazakhstan, as described in the appendix to this notice, effective on 
the date of publication of the ITC's notice of final determination in 
the Federal Register, and to assess, upon further instruction by 
Commerce, pursuant to section 706(a)(1) of the Act, countervailing 
duties for each entry of the subject merchandise in an amount based on 
the net countervailable subsidy rates below. On or after the date of 
publication of the ITC's final injury determinations in the Federal 
Register, CBP must require, at the same time as importers would deposit 
estimated normal customs duties on this merchandise, a cash deposit 
equal to the rates noted below. The all-others rate applies to all 
producers or exporters not specifically listed below.
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    \5\ As discussed in the Issues and Decision Memorandum, Commerce 
has found the following companies to be cross-owned with Tau-Ken 
Temir LLP and JSC NMC Tau-Ken Samruk: Silicon Metal LLP, 
Metallurgical Combine KazSilicon LLP, National Welfare Fund 
``Samruk-Kazyna'' JSC, ``Ekibastuz GRES-2 station'' JSC, and JSC 
KEGOC.

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                                                                Subsidy
                           Company                                rate
                                                               (percent)
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Tau-Ken Temir LLP and JSC NMC Tau-Ken Samruk \5\.............     160.00
All Others...................................................     160.00
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Provisional Measures

    Section 703(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. In the underlying investigation, 
Commerce published the Preliminary Determination on December 3, 2020. 
Therefore, the four-month period beginning on the date of the 
publication of the Preliminary Determination ended on April 1, 2021. 
Furthermore, section 707(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
    Therefore, in accordance with section 703(d) of the Act, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of silicon metal from Kazakhstan entered, or withdrawn from 
warehouse, for consumption, on or after April 2, 2021, the date the 
provisional measures expired, until and through the day preceding the 
date of publication of the ITC's final injury determination in the 
Federal Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Notification to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to silicon metal from Kazakhstan pursuant to section 706(a) of the Act. 
Interested parties can find a list of countervailing duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This order is issued and published in accordance with 
section 706(a) of the Act and 19 CFR 351.211(b).

    Dated: April 14, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The scope of this order 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 order.
    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.

[FR Doc. 2021-08111 Filed 4-16-21; 8:45 am]
BILLING CODE 3510-DS-P