[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37841-37843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17117]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-851]
Silicon Metal From Brazil: Preliminary Affirmative Countervailing
Duty Determination, and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of silicon metal from Brazil. The period of
investigation is January 1, 2016, through December 31, 2016.
DATES: Effective August 14, 2017.
FOR FURTHER INFORMATION CONTACT: Robert Palmer or George Ayache, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-9068 or (202)
482-2623, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on April 4,
2017.\1\ On May 16, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
August 7, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary 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, and
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\1\ See Silicon Metal from Australia, Brazil, and Kazakhstan:
Initiation of Countervailing Duty Investigations, 82 FR 16356 (April
4, 2017) (Initiation Notice).
\2\ See Silicon Metal from Australia, Brazil and Kazakhstan:
Notice of Postponement of Preliminary Determinations of Antidumping
Duty Investigations, 82 FR 22490 (May 16, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination: Countervailing Duty Investigation of Silicon Metal
from Brazil,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is silicon metal from
Brazil. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\ The
Department preliminarily is not modifying the scope language as it
appeared in the Initiation Notice. See Appendix I.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Silicon Metal from Australia, Brazil,
Kazakhstan, and Norway: Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated June 27, 2017 (Preliminary Scope
Decision Memorandum).
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[[Page 37842]]
Methodology
The Department is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, the Department preliminarily determines that there is
a subsidy, i.e., a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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In making these findings, the Department relied, in part, on facts
available and, because it finds that one or more respondents did not
act to the best of their ability to respond to the Department's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\8\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
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\8\ See sections 776(a) and (b) of the Act.
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Alignment
On March 28, 2017, the Department initiated this countervailing
duty (CVD) investigation of silicon metal from Brazil.\9\ On the same
day, the Department also initiated antidumping duty (AD) investigations
of silicon metal from Australia, Brazil, and Norway.\10\ This CVD
investigation and the AD investigations of Australia, Brazil, and
Norway cover the same class or kind of merchandise.
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\9\ See Initiation Notice, 82 FR 16356.
\10\ See Silicon Metal from Australia, Brazil, and Norway:
Initiation of Less-Than-Fair-Value Investigations, 82 FR 16352
(April 4, 2017).
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As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department
is aligning the final CVD determination in this investigation with the
final determinations in the companion AD investigations of silicon
metal from Australia, Brazil, and Norway, based on a request made by
the petitioner.\11\ Consequently, the final CVD determination will be
issued on the same date as the final AD determinations, which are
currently scheduled to be issued no later than December 18, 2017,
unless postponed.
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\11\ See Letter from the petitioner, ``Silicon Metal from
Australia, Brazil, and Kazakhstan; Countervailing Duty
Investigations; Request for Alignment of Final Determinations,''
dated July 10, 2017.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, the Department shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely
under section 776 of the Act.
In this investigation, the Department preliminarily assigned a rate
based entirely on facts available to Ligas de Aluminio S.A.--LIASA
(LIASA). Therefore, the only rate for an individually-examined
respondent that is not zero, de minimis or based entirely on facts
otherwise available is the rate calculated for Dow Corning Silicio do
Brasil Ind[uacute]stria e Com[eacute]rcio Ltda. (DC Silicio).
Consequently, the rate calculated for DC Silicio is also assigned as
the rate for all-other producers and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Preliminary Determination
The Department preliminarily determines that the following
estimated countervailable subsidy rates exist:
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Subsidy rate
Company (percent)
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Dow Corning Silicio do Brasil Ind[uacute]stria e 3.69
Com[eacute]rcio Ltda\12\...............................
Ligas de Aluminio S.A.--LIASA........................... 52.07
All-Others.............................................. 3.69
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Suspension of Liquidation
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\12\ As discussed in the Preliminary Decision Memorandum, the
Department has found the following companies to be cross-owned with
Dow Corning Silicio do Brasil Ind[uacute]stria e Com[eacute]rcio
Ltda.: Palmyra Recursos Naturais Explora[ccedil][atilde]o e
Com[eacute]rcio Ltda. and Dow Corning Metais do Par[aacute] IND.
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In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
the Department will instruct CBP to require a cash deposit equal to the
rates indicated above.
Disclosure
The Department intends to disclose to interested parties its
calculations and analysis performed in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the publication date of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\13\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its determination.
If the final determination is affirmative, the ITC will make its final
injury determination before the later of 120 days after the date of
this preliminary determination or 45 days after the final
determination.
[[Page 37843]]
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: August 7, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers all forms and sizes of
silicon metal, including silicon metal powder. Silicon metal
contains at least 85.00 percent but less than 99.99 percent silicon,
and less than 4.00 percent iron, by actual weight. Semiconductor
grade silicon (merchandise containing at least 99.99 percent silicon
by actual weight and classifiable under Harmonized Tariff Schedule
of the United States (HTSUS) subheading 2804.61.0000) is excluded
from the scope of these investigations.
Silicon metal is currently classifiable under subheadings
2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are
provided for convenience and customs purposes, the written
description of the scope remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Alignment
V. Injury Test
VI. Use of Facts Otherwise Available
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Conclusion
[FR Doc. 2017-17117 Filed 8-11-17; 8:45 am]
BILLING CODE 3510-DS-P