[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Pages 54563-54565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21879]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal from the People's Republic of China: Final Results
of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 7, 2012, the Department of Commerce (``Department'')
published the preliminary results of the administrative review of the
antidumping duty order on silicon metal from the People's Republic of
China (``PRC''). The period of review (``POR'') is June 1, 2010,
through May 31, 2011.
Based on our analysis of the comments received, we have made
changes to the margin calculations. Therefore, the final results differ
from the preliminary results. The final weighted-average dumping margin
for Shanghai Jinneng International Trade Co., Ltd. (``Shanghai
Jinneng'') is listed below in the section entitled ``Final Results of
the Review.''
FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Howard Smith, AD/
CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3627, and (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION: On March 7, 2012, the Department published
Silicon Metal from the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review, 77 FR 13534 (March 7, 2012)
(``Preliminary Results'').
On March 27, 2012, Shanghai Jinneng submitted additional surrogate
value information.\1\ On March 30, 2012, the Department requested
clarification of Shanghai Jinneng's surrogate value submission and on
April 4, 2012, Shanghai Jinneng responded to the Department's request
for clarification.\2\ On April 16, 2012, Globe Metallurgical Inc.
(``Petitioner'') submitted rebuttal surrogate value information.\3\ On
April 18, 2012, the Department requested clarification of Petitioner's
rebuttal surrogate value submission and on April 19, 2012, Petitioner
responded to the Department's request for clarification.\4\
---------------------------------------------------------------------------
\1\ See Letter from Shanghai Jinneng to the Honorable John
Bryson, Secretary of Commerce, regarding, ``Silicon Metal from the
People's Republic of China,'' dated March 27, 2012.
\2\ See Letter from Howard Smith, Program Manager, AD/CVD
Operations, Office 4 to All Interested Parties regarding,
``Antidumping Duty Administrative Review of Silicon Metal from the
People's Republic of China: Surrogate Values Submission,'' dated
March 30, 2012. See also Letter from Shanghai Jinneng to the
Honorable John Bryson, Secretary of Commerce, regarding, ``Silicon
Metal from the People's Republic of China: Shanghai Jinneng
International Trade Co., Ltd. --Supplement to Surrogate Value
Submission,'' dated April 4, 2012.
\3\ See Letter from Petitioner to the Honorable John Bryson,
Secretary of Commerce, regarding ``Silicon Metal From the People's
Republic of China; 2010-11 Administrative Review; Submission of
Factual Information to Rebut, Clarify, or Correct Surrogate Value
Information Submitted by Shanghai Jinneng International Trade Co.,
Ltd.,'' dated April 16, 2012
\4\ See Letter from Howard Smith, Program Manager, AD/CVD
Operations, Office 4 to All Interested Parties regarding,
``Antidumping Duty Administrative Review of Silicon Metal from the
People's Republic of China: Rebuttal Surrogate Values Submission,''
dated April 18, 2012. See also Letter from Petitioner to the
Honorable John Bryson, Secretary of Commerce, regarding, ``Silicon
Metal From the People's Republic of China; 2010-11 Administrative
Review; Response to Department Request for Information Regarding
Globe's Rebuttal Surrogate Value Submission,'' dated April 4, 2012.
---------------------------------------------------------------------------
On April 4, 2012, Petitioner requested additional time to submit
case and rebuttal briefs.\5\ On April 5, 2012 the Department extended
the deadline for filing case briefs until April 13, 2012, and extended
the deadline for filing rebuttal briefs until no later than five days
after the time limit for filing the case briefs.\6\ On April 6, 2012,
Shanghai Jinneng requested additional time to submit case and rebuttal
briefs.\7\ On April 10, 2012, the Department extended the deadline for
submitting case briefs until April 20, 2012 and extended the deadline
for submitting rebuttal briefs until April 27, 2012.\8\ On April 24,
2012, Petitioner requested additional time for filing rebuttal case
briefs and on April 26, 2012, the Department granted an extension until
May 4, 2012 to file rebuttal briefs.\9\ On April 20, 2012, Petitioner
and Shanghai Jinneng submitted case briefs and on May 4, 2012, both
submitted rebuttal case briefs.
---------------------------------------------------------------------------
\5\ See Letter from Petitioner to the Honorable John Bryson,
Secretary of Commerce, regarding ``Silicon Metal From the People's
Republic of China; 2010-11 Administrative Review; Request for
Extension of Time to Submit Case and Rebuttal Briefs,'' dated April
4, 2012.
\6\ See Letter from Howard Smith, Program Manager, AD/CVD
Operations, Office 4 to Interested Parties regarding, ``Antidumping
Duty Administrative Review of Silicon Metal from the People's
Republic of China for the period June 1, 2010 to May 31,2011,''
dated April 5, 2012.
\7\ See Letter from Shanghai Jinneng to the Honorable John
Bryson, Secretary of Commerce, regarding, ``Silicon Metal from the
People's Republic of China,'' dated April 6, 2012.
\8\ See Letter from Howard Smith, Program Manager, AD/CVD
Operations, Office 4 to Interested Parties regarding, ``Antidumping
Duty Administrative Review of Silicon Metal from the People's
Republic of China for the period June 1, 2010 to May 31, 2011,''
dated April 10, 2012.
\9\ See Letter from Petitioner to the Honorable John Bryson,
Secretary of Commerce, regarding ``Silicon Metal From the People's
Republic of China; 2010-11 Administrative Review; Request for
Extension of Time to Submit Rebuttal Briefs,'' dated April 24, 2012
and Letter from Howard Smith, Program Manager, AD/CVD Operations,
Office 4 to Interested Parties regarding, ``Antidumping Duty
Administrative Review of Silicon Metal from the People's Republic of
China for the period June 1, 2010 to May 31, 2011,'' dated April 26,
2012.
---------------------------------------------------------------------------
On April 5, 2012, Petitioner requested a public hearing and a
closed session of the hearing.\10\ On June 7, 2012, the Department held
a hearing which was closed to the public, in part, pursuant to 19 CFR
351.310.
---------------------------------------------------------------------------
\10\ See Letter from Petitioner to the Honorable John Bryson,
Secretary of Commerce, regarding ``Silicon Metal From the People's
Republic of China; 2010-11 Administrative Review; Request for
Hearing and Closed Hearing Session,'' dated April 5, 2012.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Memorandum from Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import Administration, ``Issues and
Decision Memorandum for the Final Results of the June 1, 2010 through
May 31, 2011 Administrative Review of the Antidumping Duty Order on
Silicon Metal from the People's Republic of China,'' dated August 29,
2012, which is hereby adopted by this
[[Page 54564]]
notice (``Issues and Decision Memorandum''). A list of the issues which
parties raised and to which we respond in the Issues and Decision
Memorandum is attached to this notice as an Appendix. The Issues and
Decision Memorandum is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and in the
Central Records Unit, main Commerce building, Room 7046. In addition, a
complete version of the Issues and Decision Memorandum is accessible on
the Department's Web site at http://www.trade.gov/ia. The signed Issues
and Decision Memorandum and electronic versions of the memorandum are
identical in content.
Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made the following changes:
Calculated a new surrogate value for labor using data
reported by Thailand to the International Labour Organization (``ILO'')
in Chapter 6A of the ILO Yearbook for total manufacturing labor from
2005.\11\
---------------------------------------------------------------------------
\11\ See Issues and Decision Memorandum at Issue 4.
---------------------------------------------------------------------------
Recalculated the factors of production to exclude the
quantity of container cliff and edge silicon sold from the total
production quantity.\12\
---------------------------------------------------------------------------
\12\ See Issues and Decision Memorandum at Issue 2.
---------------------------------------------------------------------------
Weight-averaged the transportation costs for Shanghai
Jinneng's quartz input.\13\
---------------------------------------------------------------------------
\13\ See Issues and Decision Memorandum at Issue 8.
---------------------------------------------------------------------------
Period of Review
The POR is June 1, 2010, through May 31, 2011.
Scope of the Order
Imports covered by the order are shipments of silicon metal
containing at least 96.00 but less than 99.99 percent of silicon by
weight. Also covered by the order is silicon metal from the PRC
containing between 89.00 and 96.00 percent silicon by weight but which
contain a higher aluminum content than the silicon metal containing at
least 96.00 percent but less than 99.99 percent silicon by weight.
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 the order. Although the
HTSUS subheadings are provided for convenience and for customs
purposes, the written description of the merchandise is dispositive.
Separate Rates
In the Preliminary Results, we determined that Shanghai Jinneng
demonstrated its eligibility for separate-rate status.\14\ We have not
received any information since the issuance of the Preliminary Results
that provides a basis for reconsideration of this determination.
Therefore, the Department continues to find that Shanghai Jinneng meets
the criteria for a separate rate.
---------------------------------------------------------------------------
\14\ See Preliminary Results, 77 FR at 13535.
---------------------------------------------------------------------------
Final Results of the Review
We determine that the following weighted-average percentage margin
exists for the POR:
------------------------------------------------------------------------
Margin
Exporter (percentage)
------------------------------------------------------------------------
Shanghai Jinneng International Trade Co., Ltd........... 14.36
------------------------------------------------------------------------
Disclosure
The Department intends to disclose calculations performed for these
final results to the parties within five days of the date of the public
announcement of the results of this review in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.212(b), the Department will
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries covered by this
review. The Department intends to issue assessment instructions to CBP
15 days after the publication date of the final results of this review.
In accordance with 19 CFR 351.212(b)(1), we are calculating importer or
customer-specific assessment rates for the merchandise subject to this
review. Because we do not have entered values for all U.S. sales to a
particular importer/customer, we are calculating a per-unit assessment
rate by aggregating the antidumping duties due for all U.S. sales to
that importer (or customer) and dividing this amount by the total
quantity sold to that importer (or customer).\15\ Where a customer-
specific ad valorem rate is zero or de minimis (i.e., less than 0.50
percent), we will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\16\ To determine whether the duty
assessment rates are de minimis, in accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we calculated importer or customer-
specific ad valorem ratios based on the estimated entered value. We
intend to instruct CBP to liquidate entries containing subject
merchandise exported by the PRC-wide entity at the PRC-wide rate.
---------------------------------------------------------------------------
\15\ See, e.g., Certain Cased Pencils From the People's Republic
of China: Final Results of the Antidumping Duty Administrative
Review, 76 FR 27988, 27989 (May 13, 2011).
\16\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter
listed above, the cash deposit rate will be the rate established in the
final results of this review (except, if the rate is zero or de
minimis, (i.e., less than 0.5 percent), a zero cash deposit rate will
be required for that company); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recent period; (3) for all PRC exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
139.49 \17\ percent; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter(s) that supplied
that non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\17\ See Final Determination of Sales at Less Than Fair Value:
Silicon Metal from the People's Republic of China, 56 FR 18570,
18571-2 (April 23, 1991).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant
[[Page 54565]]
entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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/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.
The Department is issuing and publishing these final results of
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: August 29, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Issue 1: Whether the Department should reduce the U.S. Price by export
tax and/or value-added tax.
Issue 2: Whether to exclude container cliff and edge silicon from the
reported production quantity.
Issue 3: By-product offsets.
Issue 4: Surrogate value for labor.
Issue 5: The appropriate weight over which to allocate brokerage and
handling expenses.
Issue 6: Excluding certain expenses from brokerage and handling.
Issue 7: Surrogate value for rail freight.
Issue 8: Transportation cost for quartz.
[FR Doc. 2012-21879 Filed 9-4-12; 8:45 am]
BILLING CODE 3510-DS-P