[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Page 27861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09395]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-834-811]


Silicon Metal From Kazakhstan: Rescission of Countervailing Duty 
Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the countervailing duty (CVD) order on silicon 
metal from the Republic of Kazakhstan (Kazakhstan) for the period of 
review (POR) December 3, 2020, through December 31, 2021.

DATES: Applicable May 3, 2023.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen, 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) 482-3251.

SUPPLEMENTARY INFORMATION: 

Background

    On April 1, 2022, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the CVD 
order on silicon metal from Kazakhstan.\1\ On June 9, 2022, pursuant to 
a request from interested parties, Commerce initiated an administrative 
review with respect to JSC NMC Tau-Ken Samruk and Tau-Ken Temir LLP 
(collectively, TKT),\2\ in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act), and 19 CFR 351.213(b).\3\ On June 
22, 2022, we placed on the record U.S. Customs and Border Protection 
(CBP) data for entries of silicon metal from Kazakhstan during the POR, 
showing no reviewable POR entries.\4\ We sought comments regarding the 
data and indicated our intent to rescind this review.\5\ TKT, the 
Government of Kazakhstan (GOK), and the petitioners \6\ filed comments 
and rebuttal comments.\7\ No parties argued that there are any 
reviewable POR entries of subject merchandise. For a full discussion of 
the comments raised by interested parties and our analysis, see the 
Rescission Memorandum.\8\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 35165 (April 1, 2022).
    \2\ 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), and accompanying 
Preliminary Decision Memorandum at 6, unchanged in Silicon Metal 
from the Republic of Kazakhstan: Final Affirmative Countervailing 
Duty Determination, 86 FR 11725 (February 26, 2021).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022).
    \4\ See Memorandum, ``CBP Data Release and Intent to Rescind,'' 
dated June 22, 2022.
    \5\ Id.
    \6\ The petitioners in this proceeding are Globe Specialty 
Metals, Inc. and Mississippi Silicon LLC.
    \7\ See TKT's Letters, ``Tau-Ken Temir LLP (TKT) Comments on 
Intent to Rescind,'' dated July 13, 2022; ``Silicon Metal from 
Kazakhstan,'' and ``Tau-Ken Temir LLP (TKT) Comments on Intent to 
Rescind,'' dated July 18, 2022; and ``Silicon Metal from 
Kazakhstan--This CVD Administrative Review Should Continue,'' dated 
August 1, 2022; see also the GOK's Letter, ``Rebuttal Comments,'' 
dated July 20, 2022; and Petitioners' Letters, ``Petitioners' 
Rebuttal Comments Supporting Commerce's Intent to Rescind the 
Administrative Review,'' dated July 20, 2022; and ``Petitioners' 
Request to Reject TKT's August 1 Submission,'' dated August 3, 2022.
    \8\ See Memorandum, ``First Administrative Review of the 
Countervailing Duty Order on Silicon Metal from the Republic of 
Kazakhstan: Rescission of the Review,'' dated concurrently with this 
notice (Rescission Memorandum).
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Rescission of Review

    It is Commerce's practice to rescind an administrative review of a 
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no 
reviewable entries of subject merchandise during the POR for which 
liquidation is suspended.\9\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the CVD 
assessment rate calculated for the review period.\10\ Therefore, for an 
administrative review to be conducted, there must be a reviewable, 
suspended entry that Commerce can instruct CBP to liquidate at the CVD 
assessment rate calculated for the review period.\11\ Accordingly, in 
the absence of suspended entries of subject merchandise during the POR 
for TKT, we are hereby rescinding this administrative review in 
accordance with 19 CFR 351.213(d)(3).
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    \9\ See Lightweight Thermal Paper from the People's Republic of 
China: Notice of Rescission of Countervailing Duty Administrative 
Review; 2015, 82 FR 14349 (March 20, 2017); see also Aluminum Wire 
and Cable from the People's Republic of China: Rescission of 
Countervailing Duty Administrative Review; 2019, 86 FR 36522 (July 
12, 2021).
    \10\ See 19 CFR 351.212(b)(2).
    \11\ See 19 CFR 351.213(d)(3).
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Notification Regarding Administrative Protective Order

    This notice serves as the only 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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: April 27, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-09395 Filed 5-2-23; 8:45 am]
BILLING CODE 3510-DS-P