[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83394-83395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26237]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China: Continuation 
of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on silicon metal 
from the People's Republic of China (China) would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing this notice of 
continuation of the AD order.

DATES: Applicable November 17, 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

    On June 10, 1991, Commerce published in the Federal Register the

[[Page 83395]]

AD order on silicon metal from China.\1\ On May 1, 2023, the ITC 
instituted,\2\ and Commerce initiated,\3\ the fifth sunset review of 
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). As a result of its review, Commerce determined that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping and therefore, notified the ITC of the magnitude of the 
margins of dumping likely to prevail should the Order be revoked.\4\
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    \1\ See Antidumping Duty Order: Silicon Metal from the People's 
Republic of China, 56 FR 26649 (June 10, 1991) (Order).
    \2\ See Silicon Metal from China; Institution of a Five-Year 
Review, 88 FR 26595 (May 1, 2023).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 26522 
(May 1, 2023).
    \4\ See Silicon Metal from the People's Republic of China: Final 
Results of the Expedited Fifth Sunset Review of the Antidumping Duty 
Order, 88 FR 63933 (September 18, 2023), and accompanying Issues and 
Decision Memorandum.
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    On November 17, 2023, the ITC published its determination in the 
Federal Register, pursuant to sections 751(c) and 752(a) of the Act, 
that revocation of the Order would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\5\
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    \5\ See Silicon Metal From China; Determination, 88 FR 80335 
(November 17, 2023) (ITC Final Determination).
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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 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 of the United States 
(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.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping and material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order. U.S. Customs and 
Border Protection will continue to collect AD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the Order is November 17, 
2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Order not later than 30 days prior to the fifth anniversary of 
the date of the last determination by the ITC to continue the Order.
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    \6\ See ITC Final Determination.
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Administrative Protective Order (APO)

    This notice serves as a final reminder to parties subject to an APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. 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 violation which 
is subject to sanction.

Notification to Interested Parties

    This five-year sunset review is in accordance with sections 751(c) 
and 751(d)(2) of the Act and this notice is published pursuant to 
section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: November 22, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26237 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P