[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