[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Notices]
[Pages 29322-29323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11968]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China: Final Results 
and Final No Shipments Determination of Antidumping Duty Administrative 
Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On February 27, 2013, the Department of Commerce (the 
``Department'') published the Preliminary Results of the 2011-2012 
administrative review of the antidumping duty order on silicon metal 
from the People's Republic of China (``PRC'').\1\ The period of review 
(``POR'') is June 1, 2011, through May 31, 2012. In the Preliminary 
Results, we determined that the sole company under review, Shanghai 
Jinneng International Trade Co., Ltd. (``Shanghai Jinneng''), did not 
have any reviewable transactions during the POR. We gave interested 
parties an opportunity to comment on the Preliminary Results, but none 
were received. In these final results of review, we continue to find 
that Shanghai Jinneng did not have any reviewable transactions during 
the POR.
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    \1\ See Silicon Metal From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012, 78 FR 13321 (February 27, 2013) (``Preliminary Results'').

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DATES: Effective Date: May 20, 2013.

FOR FURTHER INFORMATION CONTACT: Lori Apodaca, 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) 482-4551.

SUPPLEMENTARY INFORMATION: 

Background

    On February 27, 2013, the Department published the Preliminary 
Results. We invited interested parties to submit comments on the 
Preliminary Results, but none were received. The Department has 
conducted this administrative review in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the ``Act'').

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

[[Page 29323]]

to the order. Although the HTSUS subheadings are provided for 
convenience and for customs purposes, the written description of the 
merchandise, as set forth in the order, is dispositive.\2\
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    \2\ See Silicon Metal From the People's Republic of China: 
Continuation of Antidumping Duty Order, 77 FR 23660 (April 20, 
2012).
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Shanghai Jinneng did not have any reviewable transactions during the 
POR. Shanghai Jinneng submitted a timely-filed certification that it 
had no sales of subject merchandise to the United States during the 
POR.\3\ Consistent with the Department's assessment practice in non-
market economy (``NME'') cases, we stated in the Preliminary Results 
that the Department would not rescind the review in these circumstances 
but, rather, would complete the review with respect to Shanghai Jinneng 
and issue appropriate instructions to U.S. Customs and Border 
Protection (``CBP'') based on the final results of the review. As 
stated above, we did not receive any comments on our Preliminary 
Results nor did we receive information from CBP indicating that there 
were reviewable transactions from Shanghai Jinneng during the POR. 
Therefore, we continue to determine that Shanghai Jinneng had no 
reviewable transactions of subject merchandise during the POR. 
Consistent with our ``automatic assessment'' clarification, the 
Department will issue appropriate instructions to CBP based on our 
final results.\4\
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    \3\ See Preliminary Results, 78 FR at 13321.
    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Practice Refinement''). See also the ``Assessment'' section of this 
notice, below.
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Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review. The Department recently announced a 
refinement to its assessment practice in NME cases.\5\ Pursuant to this 
refinement in practice, if the Department determines that an exporter 
under review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's rate) will be liquidated at the NME-wide rate.\6\
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    \5\ See Assessment Practice Refinement.
    \6\ See id., 76 FR at 65694.
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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 from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For Shanghai Jinneng, 
which claimed no shipments, the cash deposit rate will remain unchanged 
from the rate assigned to the company in the most recently completed 
review of the company; (2) for previously investigated or reviewed PRC 
and non-PRC exporters who are not under review in this segment of the 
proceeding but who 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 percent; \7\ 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.
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    \7\ For an explanation of the calculation of the PRC-wide rate, 
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).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to the 
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 notification of the 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.213(d)(4).

    Dated: May 14, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-11968 Filed 5-17-13; 8:45 am]
BILLING CODE 3510-DS-P