[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Notices]
[Pages 63933-63934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20125]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal From the People's Republic of China: Final Results
of the Expedited Fifth Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the U.S.
Department of Commerce (the Department) finds that revocation of the
antidumping duty order on silicon metal from the People's Republic of
China (China) would likely lead to continuation or recurrence of
dumping at the level indicated in the ``Final Results of Sunset
Review'' section of this notice, infra.
DATES: Applicable September 18, 2023.
FOR FURTHER INFORMATION CONTACT: Paul Kebker or Howard Smith, 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) 482-2254 or (202) 482-5193,
respectively.
SUPPLEMENTARY INFORMATION:
Background
After Commerce initiated this sunset review of the order,\1\
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act), domestic interested parties \2\ submitted a notice of intent to
participate in,\3\ and an adequate substantive response regarding, this
sunset review within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\4\ Commerce did not receive a substantive response
from any respondent interested party. Therefore, Commerce notified the
U.S. International Trade Commission that it did not receive an adequate
substantive response from respondent interested parties.\5\ As a
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day)
sunset review of the Order.
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\1\ See Initiation of Five-Year (Sunset) Review, 88 FR 26522
(May 1, 2023); see also Antidumping Duty Order: Silicon Metal From
the People's Republic of China, 56 FR 26649 (June 10, 1991) (Order).
\2\ The domestic interested parties are Globe Specialty Metals,
Inc. (Globe) and Mississippi Silicon, LLC (Mississippi Silicon).
\3\ See Globe and Mississippi Silicon's, ``Letter ``Notice of
Intent to Participate,'' dated May 3, 2023.
\4\ See Globe and Mississippi Silicon's Letter, ``Substantive
Response to the Notice of Initiation,'' dated May 30, 2023.
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on May 1,
2023,'' dated June 20, 2023.
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Scope of the Order
The merchandise covered by the Order is silicon metal containing at
least 96.00 percent, but less than 99.99 percent of silicon by weight.
Also covered by the order is silicon metal containing between 89.00 and
96.00 percent silicon by weight but which contains a higher aluminum
content than the silicon metal containing at least
[[Page 63934]]
96.00 percent but less than 99.99 percent silicon by weight (58 FR
27542, May 10, 1993). Silicon metal is currently provided for under
subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule
(HTSUS) as a chemical product, but is commonly referred to as a metal.
Semiconductor-grade silicon (silicon metal containing by weight not
less than 99.99 percent of silicon and provided for in subheading
2804.61.00 of the HTSUS) is not subject to this Order. Although the
HTSUS numbers are provided for convenience and customs purposes, the
written description remains dispositive.
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
specifically the likelihood of continuation or recurrence of dumping
and the magnitude of the dumping margins likely to prevail if the Order
were revoked, is provided in the accompanying Issues and Decision
Memorandum, which is hereby adopted by this notice.\6\ A list of topics
discussed in the Issues and Decision Memorandum is included as an
appendix to this notice. The Issues and 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. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Fifth Sunset Review: Silicon Metal
from the People's Republic of China'' (Issues and Decision
Memorandum), dated concurrently with, and hereby adopted by, this
notice.
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would likely lead to
continuation or recurrence of dumping, and that the magnitude of the
dumping margins likely to prevail are weighted-average dumping margins
up to 139.49 percent.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing the final results of this sunset
review in accordance with sections 751(c), 752(c), and 777(i)(1) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: August 24, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-20125 Filed 9-15-23; 8:45 am]
BILLING CODE 3510-DS-P