78122 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Notices 

1See Silicon Metal from the Republic of 

Kazakhstan: Initiation of Countervailing Duty 

Investigation, 85 FR 45173 (July 27, 2020) 

(Initiation Notice). 

2See Silicon Metal from the Republic of 

Kazakhstan: Postponement of Preliminary 

Determination in the Countervailing Duty 

Investigation, 85 FR 55412 (September 8, 2020). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination of the 

Countervailing Duty Investigation of Silicon Metal 

from the Republic of Kazakhstan,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

5See Initiation Notice, 85 FR at 45174. 

6See 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. 

7See sections 776(a) and (b) of the Act. 

8See Petitioners’ Letter, ‘‘Silicon Metal from 

Kazakhstan: Petitioners’ Request for Alignment of 

Countervailing Duty Investigation Final 

Determination Deadline with Antidumping Duty 

Final Determination Deadlines in Silicon Metal 

from Bosnia and Herzegovina and Silicon Metal 

from Iceland,’’ dated October 30, 2020. 

postponing the deadline for the 

preliminary determinations to no later 

than 130 days after the date on which 

this investigation was initiated, i.e., 

February 26, 2021. Pursuant to section 

705(a)(1) of the Act and 19 CFR 

351.210(b)(1), the deadline for the final 

determinations of these investigations 

will continue to be 75 days after the 

date of the preliminary determinations, 

unless postponed at a later date. 

Notification to Interested Parties 

This notice is issued and published 

pursuant to section 703(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: November 27, 2020. 

Jeffrey I. Kessler, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2020–26623 Filed 12–2–20; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–834–811] 

Silicon Metal From the Republic of 

Kazakhstan: 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 

(Commerce) preliminarily determines 

that countervailable subsidies are being 

provided to producers and exporters of 

silicon metal from the Republic of 

Kazakhstan (Kazakhstan). The period of 

investigation is January 1, 2019 through 

December 31, 2019. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable December 3, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Justin Neuman, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0486. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on July 27, 2020.1 On September 8, 

2020, Commerce postponed the 

preliminary determination of this 

investigation and the revised deadline is 

now November 27, 2020.2 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. 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. 

Scope of the Investigation 

The product covered by this 

investigation is silicon metal from 

Kazakhstan. For a complete description 

of the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 No interested 

party commented on the scope of the 

investigation as it appeared in the 

Initiation Notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce 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.6

Commerce notes that, in making these 

findings, it 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 

Commerce’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.7 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Preliminary Decision 

Memorandum. 

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), Commerce is aligning the 

final countervailing duty (CVD) 

determination in this investigation with 

the final determination in the 

companion antidumping duty (AD) 

investigations of silicon metal from 

Iceland and Bosnia and Herzegovina 

based on a request made by the 

petitioners.8 Consequently, the final 

CVD determination will be issued on 

the same date as the final AD 

determinations in those cases, which are 

currently scheduled to be issued no 

later than February 22, 2021, unless 

postponed. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that, in the preliminary 

determination, Commerce 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. 

Pursuant to section 705(c)(5)(A)(ii) of 

the Act, if the individual estimated 

countervailable subsidy rates 

established for all exporters and 

producers individually examined are 

zero, de minimis, or determined based 

entirely on facts otherwise available, 

Commerce may use any reasonable 

method to establish the estimated 

subsidy rate for all other producers or 

exporters. 

In this case, the countervailable 

subsidy rate calculated for the 


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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Notices 78123 

9See, e.g., Grain-Oriented Electrical Steel from 

the People’s Republic of China: Final Affirmative 

Countervailing Duty Determination, 79 FR 59221 

(October 1, 2014), and accompanying Issues and 

Decision Memorandum at Comment 1. 

10As discussed in the Preliminary Decision 

Memorandum, Commerce has found the following 

companies to be cross-owned with Tau-Ken Temir 

LLP and JSC NMC Tau-Ken Samruk: Silicon Metal 

LLP, Metallurgical Combine KazSilicon LLP, 

National Welfare Fund ‘‘Samruk-Kazyna’’ JSC, 

‘‘Ekibastuz GRES–2 station’’ JSC, and JSC KEGOC. 

11See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

12See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19, 85 FR 

17006 (March 26, 2020); and Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020). 

investigated companies is based entirely 

on facts available under section 776 of 

the Act. However, there is no other 

information on the record upon which 

to determine an all-others rate. As a 

result, we have used the rate assigned to 

the mandatory respondents as the allothers rate. This method is consistent 

with Commerce’s past practice.9

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company Subsidy rate 

(percent) 

Tau-Ken Temir LLP and JSC 

NMC Tau-Ken Samruk10 .. 120.00 

All Others .............................. 120.00 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce 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), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

Disclosure 

Normally, Commerce discloses to 

interested parties the calculations 

performed in connection with a 

preliminary determination within five 

days of the public announcement of, 

where there is no public announcement, 

within five days of the date of 

publication of the notice of preliminary 

determination in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

However, because Commerce 

preliminarily applied adverse facts 

available (AFA) to the individually 

examined company Tau-Ken Temir 

LLP/JSC NMC Tau-Ken Samruk in this 

investigation in accordance with section 

776 of the Act, and the applied AFA rate 

is based solely on information provided 

by the Government of Kazakhstan, there 

are no calculations to disclose. 

Verification 

Because TKT did not provide 

information requested by Commerce in 

this investigation and Commerce 

preliminarily determines that the 

company has been uncooperative, 

Commerce will not conduct verification. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance. A timeline for the 

submission of case briefs and written 

comments on non-scope issues will be 

announced at a later date. Rebuttal 

briefs, limited to issues raised in case 

briefs, may be submitted no later than 

seven days after the deadline date for 

case briefs.11 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. 

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, Commerce 

intends to hold the hearing 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. 

Parties are reminded that briefs and 

hearing requests are to be filed 

electronically using ACCESS and that 

electronically filed documents must be 

received successfully in their entirety by 

5 p.m. Eastern Time on the due date. 

Note that Commerce has temporarily 

modified certain of its requirements for 

serving documents containing business 

proprietary information, until further 

notice.12

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination whether these imports 

are materially injuring, or threaten 

material injury to, the U.S. industry. 

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: November 27, 2020. 

Jeffrey I. Kessler, 

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 this investigation. 

Silicon metal is currently classifiable 

under subheadings 2804.69.1000 and 

2804.69.5000 of the HTSUS. While the 

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 of the Investigation 

IV. Injury Test 

V. Alignment 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Subsidies Valuation 

VIII. Analysis of Programs 

IX. Calculation of the All-Others Rate 

X. Recommendation 

[FR Doc. 2020–26627 Filed 12–2–20; 8:45 am] 

BILLING CODE 3510–DS–P 


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