Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Notices 11725 

1See Prestressed Concrete Steel Wire Strand from 

Argentina, Colombia, Egypt, the Netherlands, Saudi 

Arabia, Taiwan, the Republic of Turkey, and the 

United Arab Emirates: Final Affirmative 

Determinations of Sales at Less Than Fair Value 

and Final Affirmative Critical Circumstances 

Determinations, in Part, 85 FR 80001 (December 11, 

2020) (Final Determinations). 

2The cash deposit rates for Celik Halat ve Tel 

Sanayi A.S., Gu ̈ney C ̧elik Hasir ve Demir (Gu ̈ney 

C ̧elik), and the companies covered by the ‘‘All 

Others’’ rate are equal to the petition rate (53.65 

percent) adjusted for the lowest rate of export 

subsidies found for any company in the most 

recently-completed segment in the companion 

countervailing duty proceeding, i.e, Gu ̈ney C ̧elik’s 

total export subsidies rate of 9.05 percent. See 

Prestressed Concrete Steel Wire Strand from the 

Republic of Turkey: Final Affirmative 

Countervailing Duty Determination and Final 

Negative Critical Circumstances Determination, 85 

FR 80005 (December 11, 2020), and accompanying 

Issues and Decision Memorandum at 12–16; and 

Prestressed Concrete Steel Wire from the Republic 

of Turkey: Preliminary Affirmative Countervailing 

Duty Determination, Preliminary Affirmative 

Critical Circumstances Determination, in Part, 85 

FR 59287 (September 21, 2020), and accompanying 

Preliminary Decision Memorandum at 18–20, 25– 

27, and 31–33. 

3See Prestressed Concrete Steel Wire Strand from 

Argentina, Colombia, Egypt, the Netherlands, Saudi 

Arabia, Taiwan, the Republic of Turkey, and the 

United Arab Emirates: Antidumping Duty Orders, 

86 FR 7703, 7704 (February 1, 2021). 

1See Silicon Metal from the Republic of 

Kazakhstan: Preliminary Affirmative Countervailing 

Duty Determination, and Alignment of Final 

Determination with Final Antidumping Duty 

Determination, 85 FR 78122 (December 3, 2020) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Determination of the 

Countervailing Duty Investigation of Silicon Metal 

from the Republic of Kazakhstan,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

FOR FURTHER INFORMATION CONTACT: 

David Goldberger, AD/CVD Operations 

Office II, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4136. 

SUPPLEMENTARY INFORMATION: On 

December 11, 2020, Commerce 

published in the Federal Register the 

notice of the final determination of sales 

at LTFV of PC strand from Turkey and 

seven other countries.1 In the Final 

Determinations, Commerce 

inadvertently failed to publish the 

adjusted cash deposit rates for the 

Turkey LTFV investigation after 

accounting for export subsidies in the 

companion countervailing duty 

investigation. The adjusted rates, along 

with the dumping margins, are included 

in the table below: 

Exporter/producer 

Dumping 

margin 

(percent) 

Cash deposit rate 2

Turkey: 

Celik Halat ve Tel Sanayi A.S .......................................................................................................... 53.65 44.60 

Gu ̈ney C ̧ elik Hasir ve Demir ............................................................................................................. 53.65 44.60 

All Others .......................................................................................................................................... 53.65 44.60 

We are hereby correcting the Final 

Determinations to include the adjusted 

cash deposit rates listed above. 

Commerce intends to issue instructions 

to Customs and Border Protection (CBP) 

to correct the cash deposit rates 

applicable to entries of PC strand from 

Turkey which were entered, or 

withdrawn from warehouse, for 

consumption during the period 

December 11, 2020 through January 31, 

2021 (i.e., the day before the date of 

publication of the antidumping duty 

order in the Federal Register, which 

included the adjusted cash deposit 

rate).3 Commerce also intends to issue 

instructions to CBP to authorize refunds 

of cash deposits, if requested by the 

importer. The refund amount will be 

calculated by determining the difference 

between the amount of cash deposits 

paid as a result of the application of the 

rates listed in the Final Determinations 

and the amount due as a result of the 

application of the corrected final 

determination rate. 

This notice serves as a correction and 

is published in accordance with section 

777(i) of the Tariff Act of 1930, as 

amended. 

Dated: February 22, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–03999 Filed 2–25–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–834–811] 

Silicon Metal From the Republic of 

Kazakhstan: 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 

silicon metal from the Republic of 

Kazakhstan (Kazakhstan). 

DATES: Applicable February 26, 2021. 

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 

On December 3, 2020, Commerce 

published the Preliminary 

Determination of this countervailing 

duty (CVD) investigation, which also 

aligned the final determination of this 

CVD investigation with the final 

determinations in the companion 

antidumping duty investigations of 

silicon metal from Bosnia and 

Herzegovina and Iceland.1 A summary 

of the events that occurred since 

Commerce published the Preliminary 

Determination, as well as a full 

discussion of the issues raised by parties 

for this final determination, may be 

found in the Issues and Decision 

Memorandum.2 The Issues and 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 Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed and electronic versions 

of the Issues and Decision 

Memorandum are identical in content. 

Period of Investigation 

The period of investigation is January 

1, 2019, through December 31, 2019. 


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11726 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Notices 

3See Silicon Metal from the Republic of 

Kazakhstan: Initiation of Countervailing Duty 

Investigation, 85 FR 45173 (July 27, 2020) 

(Initiation Notice); see also Preliminary 

Determination, 85 FR at 78122. 

4See 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. 

5See sections 776(a) and (b) of the Act. 

6See Commerce’s Letter, ‘‘Countervailing Duty 

Investigation of Silicon Metal from the Republic of 

Kazakhstan: Supplemental Questionnaire in Lieu of 

Verification,’’ dated December 7, 2020. 

7See Issues and Decision Memorandum at 

Comments 8 and 11. 

8See Preliminary Determination, 85 FR at 78122– 

23. 

9See Issues and Decision Memorandum at 

Comment 11. 

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. 

Scope of the Investigation 

The product covered by this 

investigation is silicon metal from 

Kazakhstan. For a full description of the 

scope of this investigation, see the 

‘‘Scope of the Investigation’’ in 

Appendix I. 

Scope Comments 

As stated in the Preliminary 

Determination, no interested parties 

commented on the scope of the 

investigation as it appeared in the 

Initiation Notice.3 Accordingly, the 

scope of the investigation remains the 

same as it appeared in the Initiation 

Notice. See Appendix I of this notice. 

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation and the issues raised in 

the case and rebuttal briefs by parties in 

this investigation are discussed in the 

Issues and Decision Memorandum. A 

list of the issues raised by parties is 

attached to this notice at Appendix II. 

Methodology 

Commerce conducted this 

investigation in accordance with section 

701 of the Tariff Act of 1930, as 

amended (the Act). For each of the 

subsidy programs found 

countervailable, Commerce 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.4 For a 

full description of the methodology 

underlying our final determination, see 

the Issues and Decision Memorandum. 

Commerce notes that, in making these 

findings, it relied 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.5 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Issues and Decision 

Memorandum. 

Verification 

Commerce was unable to conduct onsite verification of the information 

relied upon in making its final 

determination in this investigation. 

However, we attempted to take 

additional steps in lieu of an on-site 

verification to verify the information 

relied upon in making this final 

determination, in accordance with 

section 782(i) of the Act.6

Pursuant to section 776(a)(2)(D) of the 

Act, in situations where information has 

been provided but the information 

cannot be verified in accordance with 

section 782(i) of the Act, Commerce may 

use ‘‘facts otherwise available’’ on the 

record in reaching the applicable 

determination. Accordingly, because 

Commerce was unable to verify certain 

information, and because that inability 

to verify information, or gather 

information in lieu of an on-site 

verification, was a result of a respondent 

failing to act to the best of its ability, in 

accordance with section 776(b) of the 

Act, we have applied an adverse 

inference in using facts otherwise 

available. in making our final 

determination.7

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the comments received from parties and 

the results of verification, we made 

certain changes to the subsidy rate 

calculations. For a discussion of these 

changes, see the Issues and Decision 

Memorandum. 

All-Others Rate 

As discussed in the Preliminary 

Determination, Commerce based the 

selection of the all-others rate on the 

countervailable subsidy rate established 

for the mandatory respondents in 

accordance with section 705(c)(5)(A)(ii) 

of the Act.8 Because we are adjusting the 

final subsidy rate applicable to the 

mandatory respondents, we are making 

similar changes to the all-others rate as 

well.9

Final Determination 

In accordance with section 

705(c)(1)(B)(i)(I) of the Act, Commerce 

determines that the following estimated 

countervailable subsidy rates exist: 

Company Subsidy rate 

(percent) 

Tau-Ken Temir LLP and JSC 

NMC Tau-Ken Samruk 10 .. 160.00 

All Others .............................. 160.00 

Disclosure 

Normally, Commerce discloses to 

interested parties the calculations 

performed in connection with a final 

determination within five days of the 

public announcement or, where there is 

no public announcement, within five 

days of the date of publication of the 

notice of final determination in the 

Federal Register, in accordance with 19 

CFR 351.224(b). However, because 

Commerce applied adverse facts 

available (AFA) to the individuallyexamined 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. 

Continuation of Suspension of 

Liquidation 

As a result of our Preliminary 

Determination and pursuant to sections 

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

Commerce instructed U.S. Customs and 

Border Protection to suspend 

liquidation of entries of subject 

merchandise from Kazakhstan that were 

entered, or withdrawn from warehouse, 

for consumption on or after December 3, 

2020, the date of publication of the 

Preliminary Determination in the 

Federal Register. 

If the U.S. International Trade 

Commission (ITC) issues a final 

affirmative injury determination, we 

will issue a CVD order and require a 

cash deposit of estimated countervailing 

duties for entries of subject merchandise 

in the amounts indicated above, in 

accordance with section 706(a) of the 

Act. If the ITC determines that material 

injury, or threat of material injury, does 

not exist, this proceeding will be 

terminated, and all estimated duties 

deposited or securities posted as a result 

of the suspension of liquidation will be 

refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, Commerce will notify the ITC 

of its final affirmative determination 

that countervailable subsidies are being 

provided to producers and exporters of 


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Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Notices 11727 

silicon metal from Kazakhstan. As 

Commerce’s final determination is 

affirmative, in accordance with section 

705(b) of the Act, the ITC will 

determine, within 45 days, whether the 

domestic industry in the United States 

is materially injured or threatened with 

material injury. In addition, we are 

making available to the ITC all nonprivileged and nonproprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an administrative protective order 

(APO), without the written consent of 

the Assistant Secretary for Enforcement 

and Compliance. 

Notification Regarding Administrative 

Protective Orders 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to the APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). 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. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 705(d) 

and 777(i) of the Act, and 19 CFR 

351.210(c). 

Dated: February 22, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

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 Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Use of Facts Otherwise Available and 

Adverse Inferences 

V. Subsidies Valuation 

VI. Analysis of Programs 

VII. Analysis of Comments 

Comment 1: Whether the Company 

Respondents’ Initial Questionnaire 

Response Should be Accepted 

Comment 2: Whether the Administrative 

Procedures Act (APA) Supports 

Accepting the Company Respondents’ 

Questionnaire Response 

Comment 3: Whether Commerce Should 

Apply Facts Available (FA) Rather Than 

Adverse Facts Available (AFA) in 

Establishing the Countervailing Duty 

(CVD) Rate 

Comment 4: Whether the Petitioners’ 

Allegations of a Conflict-of-Interest 

Warrant the Application of FA Rather 

Than AFA 

Comment 5: Whether Petitioners’ 

Allegations of a Conflict-of-Interest 

Create an Actionable Violation of 

Antitrust Laws 

Comment 6: Whether the Petitioners’ 

Alleged Violation of a Confidentiality 

Agreement Warrants the Application of 

FA Rather Than AFA 

Comment 7: Whether the AFA Rate 

Applied in the Preliminary 

Determination Is Warranted 

Comment 8: Whether Commerce Should 

Rely on Information Provided by the 

Government of Kazakhstan in 

Determining the Countervailability of 

Programs 

Comment 9: Whether Commerce Is 

Required To Exhaust Administrative 

Remedies 

Comment 10: Whether Commerce Imposed 

Provisional Measures Without Adequate 

Consideration 

Comment 11: Whether Commerce Should 

Find That Two Additional Programs Are 

Countervailable 

VIII. Recommendation 

[FR Doc. 2021–04032 Filed 2–25–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA863] 

Schedules for Atlantic Shark 

Identification Workshops and 

Protected Species Safe Handling, 

Release, and Identification Workshops 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public workshops. 

SUMMARY: Free Atlantic Shark 

Identification Workshops and Safe 

Handling, Release, and Identification 

Workshops will be held in April, May, 

and June of 2021. Certain fishermen and 

shark dealers are required to attend a 

workshop to meet regulatory 

requirements and to maintain valid 

permits. Specifically, the Atlantic Shark 

Identification Workshop is mandatory 

for all federally permitted Atlantic shark 

dealers. The Safe Handling, Release, and 

Identification Workshop is mandatory 

for vessel owners and operators who use 

bottom longline, pelagic longline, or 

gillnet gear, and who have also been 

issued shark or swordfish limited access 

permits. Additional free workshops will 

be conducted during 2021 and will be 

announced in a future notice. 

DATES: The Atlantic Shark Identification 

Workshops will be held on April 16, 

May 6, and June 17, 2021. The Safe 

Handling, Release, and Identification 

Workshops will be held on April 2, 

April 23, May 6, May 19, June 2, and 

June 29, 2021. See SUPPLEMENTARY

INFORMATION for further details. 

ADDRESSES: The Atlantic Shark 

Identification Workshops will be held in 

Philadelphia, PA; Fort Lauderdale, FL; 

and Boston, MA. The Safe Handling, 

Release, and Identification Workshops 

will be held in Palm Coast, FL; 

Warwick, RI; Kenner, LA; Kitty Hawk, 

NC; Panama City, FL; and Philadelphia, 

PA. See SUPPLEMENTARY INFORMATION for 

further details on workshop locations. 

FOR FURTHER INFORMATION CONTACT: Rick 

Pearson by phone: (727) 824–5399, or by 

email at rick.a.pearson@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

workshop schedules, registration 

information, and a list of frequently 

asked questions regarding the Atlantic 

Shark Identification and Safe Handling, 

Release, and Identification workshops 

are posted online at: https://

www.fisheries.noaa.gov/atlantic-highlymigratory-species/atlantic-sharkidentification-workshops and https://

www.fisheries.noaa.gov/atlantic-highlymigratory-species/safe-handling-releaseand-identification-workshops. 

Atlantic Shark Identification 

Workshops 

Since January 1, 2008, Atlantic shark 

dealers have been prohibited from 

receiving, purchasing, trading, or 

bartering for Atlantic sharks unless a 

valid Atlantic Shark Identification 

Workshop certificate is on the premises 

of each business listed under the shark 

dealer permit that first receives Atlantic 

sharks (71 FR 58057; October 2, 2006). 

Dealers who attend and successfully 

complete a workshop are issued a 


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