Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80009 

1See Silicon Metal from Bosnia and Herzegovina, 

Iceland, and Malaysia: Initiation of Less-Than-FairValue Investigations, 85 FR 45177 (July 27, 2020) 

(Initiation Notice). 

2See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determinations in the Less-ThanFair-Value Investigations of Silicon Metal from 

Bosnia and Herzegovina and Iceland,’’ dated 

concurrently with, and hereby adopted by, this 

notice. 3See Antidumping Duties; Countervailing Duties; 

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

(Preamble). 

4See Initiation Notice, 85 FR at 45177. 

Dated: December 7, 2020. 

Jeffrey I. Kessler, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by the scope of 

this investigation is seamless carbon and 

alloy steel (other than stainless steel) pipes 

and redraw hollows, less than or equal to 16 

inches (406.4 mm) in nominal outside 

diameter, regardless of wall-thickness, 

manufacturing process (e.g., hot-finished or 

cold-drawn), end finish (e.g., plain end, 

beveled end, upset end, threaded, or 

threaded and coupled), or surface finish (e.g., 

bare, lacquered or coated). Redraw hollows 

are any unfinished carbon or alloy steel 

(other than stainless steel) pipe or ‘‘hollow 

profiles’’ suitable for cold finishing 

operations, such as cold drawing, to meet the 

American Society for Testing and Materials 

(ASTM) or American Petroleum Institute 

(API) specifications referenced below, or 

comparable specifications. Specifically 

included within the scope are seamless 

carbon and alloy steel (other than stainless 

steel) standard, line, and pressure pipes 

produced to the ASTM A–53, ASTM A–106, 

ASTM A–333, ASTM A–334, ASTM A–589, 

ASTM A–795, ASTM A–1024, and the API 

5L specifications, or comparable 

specifications, and meeting the physical 

parameters described above, regardless of 

application, with the exception of the 

exclusions discussed below. 

Specifically excluded from the scope of the 

investigation are: (1) All pipes meeting 

aerospace, hydraulic, and bearing tubing 

specifications, including pipe produced to 

the ASTM A–822 standard; (2) all pipes 

meeting the chemical requirements of ASTM 

A–335, whether finished or unfinished; and 

(3) unattached couplings. Also excluded from 

the scope of the investigations are all 

mechanical, boiler, condenser and heat 

exchange tubing, except when such products 

conform to the dimensional requirements, 

i.e., outside diameter and wall thickness, of 

ASTM A–53, ASTM A–106 or API 5L 

specifications. 

Subject seamless standard, line, and 

pressure pipe are normally entered under 

Harmonized Tariff Schedule of the United 

States (HTSUS) subheadings 7304.19.1020, 

7304.19.1030, 7304.19.1045, 7304.19.1060, 

7304.19.5020, 7304.19.5050, 7304.31.6050, 

7304.39.0016, 7304.39.0020, 7304.39.0024, 

7304.39.0028, 7304.39.0032, 7304.39.0036, 

7304.39.0040, 7304.39.0044, 7304.39.0048, 

7304.39.0052, 7304.39.0056, 7304.39.0062, 

7304.39.0068, 7304.39.0072, 7304.51.5005, 

7304.51.5060, 7304.59.6000, 7304.59.8010, 

7304.59.8015, 7304.59.8020, 7304.59.8025, 

7304.59.8030, 7304.59.8035, 7304.59.8040, 

7304.59.8045, 7304.59.8050, 7304.59.8055, 

7304.59.8060, 7304.59.8065, and 

7304.59.8070. The HTSUS subheadings and 

specifications are provided for convenience 

and customs purposes; the written 

description of the scope is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope of the Investigation 

V. Scope Comments 

VI. Alignment 

VII. Injury Test 

VIII. Subsidies Valuation 

IX. Benchmarks and Interest Rates 

X. Analysis of Programs 

XI. Recommendation 

[FR Doc. 2020–27307 Filed 12–10–20; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–893–001, A–400–001] 

Silicon Metal From Bosnia and 

Herzegovina and Iceland: Preliminary 

Affirmative Determinations of Sales at 

Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that silicon metal from Bosnia and 

Herzegovina (Bosnia) and Iceland is 

being, or is likely to be, sold in the 

United States at less than fair value 

(LTFV). The period of investigation 

(POI) is April 1, 2019 through March 31, 

2020. The estimated margins of sales at 

LTFV are shown in the ‘‘Preliminary 

Determinations’’ section of this notice. 

Interested parties are invited to 

comment on these preliminary 

determinations. 

DATES: Applicable December 11, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Robert Galantucci at (202) 482–2923 

(Bosnia); and Emily Halle at (202) 482– 

0176 (Iceland), Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

Commerce published the notice of 

initiation of these investigations on July 

27, 2020.1 R–S Silicon D.O.O. (R–S 

Silicon) is the sole mandatory 

respondent in the investigation covering 

silicon metal from Bosnia; PCC Bakki 

Silicon hf (PCC Bakki) is the sole 

mandatory respondent in the 

investigation covering silicon metal 

from Iceland. For a complete 

description of the events that followed 

the initiation of these investigations, see 

the Preliminary Decision 

Memorandum.2 A list of topics included 

in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is made available to the 

public via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at https://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 the electronic 

versions of the Preliminary Decision 

Memorandum are identical in content. 

Scope of the Investigations 

The product covered by these 

investigations is silicon metal. For a full 

description of the scope of these 

investigations, see the ‘‘Scope of the 

Investigations,’’ in Appendix I of this 

notice. Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,3 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).4 However, 

Commerce received no comments on the 

scope of these investigations from 

interested parties. 

Methodology 

Commerce is conducting these 

investigations in accordance with 

section 731 of the Tariff Act of 1930, as 

amended (the Act). Pursuant to sections 

776(a) and (b) of the Act, Commerce has 

preliminarily relied upon facts 

otherwise available to assign dumping 

margins to R–S Silicon and PCC Bakki 

in these investigations because neither 

respondent submitted a response to 

Commerce’s antidumping duty 

questionnaire. Further, Commerce is 

preliminarily determining that R–S 

Silicon and PCC Bakki failed to 

cooperate by not acting to the best of 

their abilities to comply with a request 

for information and is using an adverse 

inference when selecting from among 


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80010 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 

5The petitioners are Globe Specialty Metals, Inc. 

and Mississippi Silicon LLC (collectively, the 

petitioners). 

6See Petitioners’ Letter, ‘‘Silicon Metal from 

Iceland: Allegation of Critical Circumstances,’’ 

dated October 20, 2020. 

7See Commerce’s Letter, ‘‘Antidumping Duty 

Investigation of Silicon Metal from Iceland: 

Response to Petitioners’ Critical Circumstances 

Allegation,’’ dated November 5, 2020. 

8See Petitioners’ Letter, ‘‘Silicon metal from 

Iceland: Revised Allegation of Critical 

Circumstances,’’ dated November 11, 2020. 

9For a full description of Commerce’s 

preliminary critical circumstances determination, 

see Preliminary Decision Memorandum. 

10See Petitioners’ Letter, ‘‘Silicon Metal from 

Bosnia and Herzegovina, Iceland, The Republic of 

Kazakhstan, and Malaysia—Petition for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated June 30, 2020 (the Petitions) at 

Volume II; see also AD Investigation Initiation 

Checklist: Silicon Metal from Bosnia and 

Herzegovina, dated July 20, 2020 (AD Investigation 

Initiation Checklist: Bosnia). 

11See, e.g., Notice of Final Determination of Sales 

at Less Than Fair Value: Sodium Nitrite from the 

Federal Republic of Germany, 73 FR 38986, 38987 

(July 8, 2008), and accompanying Issues and 

Decision Memorandum at Comment 2; and AD 

Investigation Initiation Checklist: Bosnia. 

12See the Petitions at Volume III; see also AD 

Investigation Initiation Checklist: Silicon Metal 

from Iceland, dated July 20, 2020 (AD Investigation 

Initiation Checklist: Iceland). 

13See, e.g., Notice of Final Determination of Sales 

at Less Than Fair Value: Sodium Nitrite from the 

Federal Republic of Germany, 73 FR 38986, 38987 

(July 8, 2008), and accompanying Issues and 

Decision Memorandum at Comment 2; and AD 

Investigation Initiation Checklist: Iceland. 

the facts otherwise available (i.e., 

applying adverse facts available (AFA)) 

to R–S Silicon and PCC Bakki, in 

accordance with section 776(b) of Act. 

For a full description of the 

methodology underlying our 

preliminary determinations, see the 

Preliminary Decision Memorandum. 

Critical Circumstances 

On October 20, 2020, the petitioners 5

timely filed a critical circumstances 

allegation, pursuant to section 733(e)(1) 

of the Act and 19 CFR 351.206(c)(1), 

alleging that critical circumstances exist 

with respect to imports of the subject 

merchandise from Iceland.6 On 

November 5, 2020, Commerce 

determined the allegation was 

insufficient and informed the 

petitioners that we had no basis to 

pursue the critical circumstances 

allegation at that time.7 In response, on 

November 11, 2020, the petitioners 

timely filed an updated critical 

circumstances allegation, pursuant to 

section 733(e)(1) of the Act and 19 CFR 

351.206(c)(1), alleging that critical 

circumstances exist with respect to 

imports of silicon metal from Iceland.8

Section 733(e)(1) of the Act provides 

that Commerce will preliminarily 

determine that critical circumstances 

exist in an LTFV investigation if there 

is a reasonable basis to believe or 

suspect that: (A) There is a history of 

dumping and material injury by reason 

of dumped imports in the United States 

or elsewhere of the subject merchandise, 

or the person by whom, or for whose 

account, the merchandise was imported 

knew or should have known that the 

exporter was selling the subject 

merchandise at less than its fair value 

and that there was likely to be material 

injury by reason of such sales; and (B) 

there have been massive imports of the 

subject merchandise over a relatively 

short period. We preliminarily 

determine that critical circumstances 

exist with respect to imports of silicon 

metal exported by PCC Bakki and all 

other producers/exporters from 

Iceland.9

All-Others Rate 

Sections 733(d)(1)(ii) of the Act 

provides that in the preliminary 

determination Commerce shall 

determine an estimated all-others rate 

for all exporters and producers not 

individually investigated, in accordance 

with section 735(c)(5) of the Act. 

Section 735(c)(5)(A) of the Act states 

that generally the estimated rate for allothers shall be an amount equal to the 

weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis margins, and any 

margins determined entirely under 

section 776 of the Act. Pursuant to 

section 735(c)(5)(B) of the Act, if the 

estimated weighted-average dumping 

margins established for all exporters and 

producers individually examined are 

zero, de minimis, or determined entirely 

under section 776 of the Act, Commerce 

may use any reasonable method to 

establish the estimated weightedaverage dumping margin for all other 

producers or exporters. The estimated 

weighted-average dumping margins in 

these preliminary determinations were 

determined entirely under section 776 

of the Act. In cases where no weightedaverage dumping margins other than 

those determined entirely under section 

776 of the Act have been established for 

individually examined entities, in 

accordance with section 735(c)(5)(B) of 

the Act, Commerce typically averages 

the margins alleged in the petitions and 

applies the results to all other entities 

not individually examined. 

With respect to Bosnia, in the 

Petitions,10 the petitioners provided 

only one dumping margin, which was 

based on a price-to-constructed value 

comparison. Therefore, for the all-others 

rate in the investigation covering silicon 

metal from Bosnia, we preliminarily 

assigned this estimated dumping 

margin, which is 21.41 percent, as the 

all-others rate.11

With respect to Iceland, in the 

Petitions,12 the petitioners provided 

dumping margins based on price-toprice comparisons. The estimated 

dumping margins for the price-to-price 

comparisons range from 28.12 percent 

to 47.54 percent. Therefore, for the allothers rate in the investigation covering 

silicon metal from Iceland, we 

preliminarily assigned the simple 

average of the range of margins alleged 

for subject merchandise from Iceland in 

the Petitions, which is 37.83 percent.13

Preliminary Determinations 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist during 

the period April 1, 2019 through March 

31, 2020: 

BOSNIA AND HERZEGOVINA

Exporter/producer 

Dumping 

margin 

(percent) 

R–S Silicon D.O.O ...................... 21.41 

All Others .................................... 21.41 

ICELAND

Exporter/producer 

Dumping 

margin 

(percent) 

PCC Bakki Silicon hf .................. 47.54 

All Others .................................... 37.83 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of all entries of 

silicon metal from Bosnia and Iceland, 

as described in the ‘‘Scope of the 

Investigations’’ in Appendix I, entered, 

or withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. 

Further, section 733(e)(2) of the Act 

provides that, given an affirmative 

determination of critical circumstances, 

any suspension of liquidation shall 

apply to unliquidated entries of 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the later of: (a) The date which is 

90 days before the date on which the 

suspension of liquidation was first 

ordered; or (b) the date on which notice 

of initiation of the investigation was 

published. In accordance with section 


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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80011 

14See 19 CFR 351.309(c)(1)(i); see also 19 CFR 

351.303 (for general filing requirements). 

15See 19 CFR 351.309(d); see also 19 CFR 351.303 

(for general filing requirements). 

16See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

733(e)(2)(A) of the Act, suspension of 

liquidation of silicon metal from Iceland 

as described in the ‘‘Scope of the 

investigations’’ in Appendix I, shall 

apply to unliquidated entries of 

merchandise from imports of silicon 

metal exported by PCC Bakki and all 

other producers/exporters from Iceland, 

that are entered, or withdrawn from 

warehouse, for consumption on or after 

the date which is 90 days before the 

publication of this notice, the date 

suspension of liquidation is first 

ordered. 

We will also instruct CBP, pursuant to 

section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d) to require a cash deposit 

equal to the margins indicated in the 

charts above. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

Verification 

Because each mandatory respondent 

in these investigations did not act to the 

best of their abilities to provide 

information requested by Commerce, 

and Commerce preliminarily determines 

each of the mandatory respondents to be 

uncooperative, we will not conduct 

verifications. 

Disclosure 

Normally, Commerce discloses to 

interested parties the calculations 

performed in connection with a 

preliminary determination within five 

days of any public announcement or, if 

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 AFA to each 

mandatory respondent in these 

investigations, in accordance with 

section 776 of the Act, there are no 

calculations to disclose. 

Public Comment 

Interested parties are invited to 

comment on these preliminary 

determinations no later than 30 days 

after the date of publication of these 

preliminary determinations.14 Rebuttal 

briefs, limited to issues raised in case 

briefs, may be submitted no later than 

seven days after the deadline date for 

case briefs.15 Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

these proceedings 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: (1) The party’s name, 

address, and telephone number; (2) the 

number of participants and whether any 

participant is a foreign national; and (3) 

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. 

An electronically filed document 

must be received successfully in its 

entirety by ACCESS by 5:00 p.m. 

Eastern Time on the established 

deadline. Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.16

Final Determinations 

Section 735(a)(1) of the Act and 19 

CFR 351.210(b)(1) provide that 

Commerce will issue the final 

determination within 75 days after the 

date of its preliminary determination. 

Accordingly, Commerce will make its 

final determinations no later than 75 

days after the signature date of these 

preliminary determinations. 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

our affirmative preliminary 

determinations. If our final 

determinations are affirmative, the ITC 

will determine before the later of 120 

days after the date of these preliminary 

determinations or 45 days after our final 

determinations whether these imports 

are materially injuring, or threaten 

material injury to, the U.S. industry. 

Notification to Interested Parties 

These determinations are issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: December 7, 2020. 

Jeffrey I. Kessler, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigations 

The scope of these investigations 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 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 Memoranda 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope of the Investigations 

V. Application of Facts Available, Use of 

Adverse Inferences, Corroboration, and 

Calculation of All-Others Rate 

VI. Preliminary Critical Circumstances 

Finding 

VII. Conclusion 

[FR Doc. 2020–27316 Filed 12–10–20; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–428–848] 

Forged Steel Fluid End Blocks From 

the Federal Republic of Germany: Final 

Affirmative Countervailing Duty 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

forged steel fluid end blocks (fluid end 

blocks) from the Federal Republic of 

Germany (Germany). 

DATES: Applicable December 11, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Dowling or Robert Palmer, AD/ 

CVD Operations, Office VIII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 


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