63930 Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

Privacy Act of 1974; New System of 

Records 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Notice of a new system of 

record. 

SUMMARY: Pursuant to the provisions of 

the Privacy Act of 1974, and Office of 

Management and Budget (OMB) 

Circular No. A–108, notice is given that 

the Food and Nutrition Service (FNS) of 

the U.S. Department of Agriculture 

(USDA) is proposing to add a new 

system of records, entitled USDA/FNS– 

13, Mercury (‘‘Mercury’’), which is a 

Consumer Off the Shelf (COTS) 

workflow system designed to automate 

the correspondence tracking and 

management process within FNS. It will 

be used by the Supplemental Nutrition 

Assistance Program (SNAP), Child 

Nutrition Program (CNP), the 

Supplemental Nutrition and Safety 

Program (SNAS), and Regional 

Operations and Compliance (ROC). 

DATES: This notice is effective upon 

publication, subject to a 30-day notice 

and comment period in which to 

comment on the routine uses described 

below. Comments, if any, must be 

submitted by October 18, 2023. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov provides the 

ability to type short comments directly 

into the comment field on this web page 

or attach a file for lengthier comments. 

Follow the online instructions at that 

site for submitting comments. 

• By Mail: 

Æ SNAP: Laura Griffin, Senior Policy 

Advisor, SNAP, USDA/Food and 

Nutrition Service, Braddock Metro 

Center II, 1320 Braddock Place, 

Alexandria, VA 22314. 

Æ SNAS: Clarissa Brown, SNAS 

Special Assistant, SNAS, USDA/Food 

and Nutrition Service, Braddock Metro 

Center II, 1320 Braddock Place, 

Alexandria, VA 22314. 

Æ CNP: Shawn Martin, CNP Special 

Assistant—USDA/Child Nutrition, Food 

and Nutrition Service, 1320 Braddock 

Place, Alexandria, VA 22314. 

Æ ROC: Andrew Furbee, Director, 

ROC, USDA/Food and Nutrition 

Service, Braddock Metro Center II, 1320 

Braddock Place, Alexandria, VA 22314. 

• By Email: 

Æ SNAP: Laura.Griffin@usda.gov. 

Æ SNAS: Clarissa.Brown@usda.gov. 

Æ CNP: Shawn.Martin@usda.gov. 

Æ ROC: Andrew.Furbee@usda.gov. 

• Instructions: All comment 

submissions received must include the 

agency name and docket number for this 

rulemaking. All comments received will 

be posted without change to http://

www.regulations.gov, including any 

personal information provided. 

• Docket: For access to the docket to 

read background documents or 

comments received go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact the 

FNS Privacy Officer via telephone at 

(703) 305–1627, Danaeka Wilkes at (703) 

305–2874 or via email at Privacy-FNS@

usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Food and Nutrition Service (FNS) 

receives hundreds of pieces of 

correspondence each year from 

Congress, program partners, and the 

general public regarding the 

interpretation of legislation for the 

delivery of FNS nutrition programs or 

for general information about access to 

the nutrition programs. Each piece of 

correspondence is responded to with 

information about one or more of the 15 

nutrition assistance programs 

administered by the agency, and each 

one is tracked to ensure it is answered 

accurately and timely and that all 

necessary reviews are complete before it 

is signed and sent to the correspondent. 

Mercury is a customized Salesforce 

solution to automate the intake, review, 

response writing, review, and approval 

of these correspondences for program 

offices within the FNS. The program 

offices currently supported are the 

Supplemental Nutrition Assistance 

Program (SNAP); Child Nutrition 

Programs (CN); the Supplemental 

Nutrition and Safety Program (SNAS), 

and Retailer Operations & Compliance 

(ROC). 

Mercury provides a replacement for a 

legacy Mercury Correspondence 

Management application that was built 

upon SharePoint 2007 and Web 

Components. The legacy SharePoint 

platform was decommissioned by FNS 

shortly after new Mercury went live on 

April 12, 2021. 

Privacy Act 

The Privacy Act of 1974 (the Privacy 

Act), 5 U.S.C. 552a, embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

system of records. A system of records 

is a group of any records under the 

control of an agency for which 

information is retrieved by the name of 

an individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. In 

the Privacy Act, an individual is defined 

to encompass United States citizens and 

legal permanent residents. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, the routine uses 

that are contained in each system in 

order to make agency record keeping 

practices transparent, to notify 

individuals regarding the uses to which 

personally identifiable information is 

put, and to assist individuals to more 

easily find such files within the agency. 

In accordance with 5 U.S.C. 552a(r), 

USDA has provided a report of this new 

system to the Office of Management and 

Budget and to Congress. 

SYSTEM NAME AND NUMBER: 

USDA/FNS–13, Mercury 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Mercury is maintained in Gov Cloud, 

a cloud infrastructure environment that 

is used only by Federal employees and 

FNS contractors. There are no users 

external to FNS. The Digital Service 

Center (DSC) and FNS Office of 

Information Technology (OIT) manage 

and administer the Salesforce 

application and organization. Mercury 

does not support any external-facing or 

publicly accessible website or interface. 

The data is processed and stored solely 

within the continental United States. 

The agency, US Department of 

Agriculture Food and Nutrition Service 

(FNS), address is 1320 Braddock Place, 

Alexandria, VA 22314 and the address 

of the third-party service provider is 

Salesforce, The Landmark at One 

Market, San Francisco, CA 94105. 

SYSTEM MANAGER(S): 

FNS OIT Project Manager: Kathleen 

McKillen (OIT)—kathleen.mckillen@

usda.gov. Mailing Address: USDA/Food 

Nutrition Service, 1320 Braddock Place, 

Alexandria, VA 22314. 

Business/Program Contacts: 

Laura Griffin (SNAP)—Laura.Griffin@

usda.gov—SNAP Business 

Representative. 

Clarissa Brown (SNAS)— 

Clarissa.Brown@usda.gov—SNAS 

Business Representative. 


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Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 63931 

Kiley Larson (SNAS)—Kiley.Larson@

usda.gov—SNAS Business 

Representative. 

Shawn Martin (CNP)— 

Shawn.Martin@usda.gov—CNP 

Business Representative. 

Andrew Furbee (ROC)— 

Andrew.Furbee@usda.gov—ROC 

Business Representative. 

Mailing Address for all Business/ 

Program Contacts: USDA/Food 

Nutrition Service, Braddock Metro 

Center II, 1320 Braddock Place, 

Alexandria, VA 22314. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

7 CFR 2.97 (1) and § 210.3 (a) and 

USDA Departmental Regulation 3060– 

01. 

PURPOSE(S) OF THE SYSTEM: 

Mercury provides FNS the ability to 

track the writing, editing, and approval 

of correspondence documents through 

an established set of business processes. 

Primarily these documents are 

responses to inbound correspondence 

from the public or Congress, but the 

documents can also be internally 

focused documents such as memos or 

reports. The combination of the inbound 

correspondence, FNS’s response, and 

approval history is referred to in 

Mercury as a work package. The 

business processes of a work package 

differ based on various characteristics 

such as the document type, the 

originator of a correspondence, or other 

factors. Mercury supports a variety of 

writing and review processes that 

enables an FNS user to quickly identify 

the status and approval history of a 

work package. This ensures timely and 

accurate responses. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include any entity that has 

submitted correspondence to FNS, 

including the general public, external 

partners such as state agencies that 

operate nutrition assistance programs, 

advocacy organizations or members of 

congress. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The following are the Categories of 

Records for Mercury: correspondence 

(letters or emails) sent from individuals 

(recipients), partner organizations, 

congressional letters, congressional 

report requests, FNS internal sources, 

and other correspondence requiring 

USDA response. Personally identifiable 

information (PII) stored in the system is 

identified as first name, last name, and 

work email of internal USDA employees 

(Users), and external USDA partners 

and contractors (Contacts). Also, first 

name, last name, physical address, and 

email of individuals (recipients), partner 

organizations, and the general public 

who correspond with FNS via letters 

and emails. 

RECORD SOURCE CATEGORIES: 

The source of information stored in 

Mercury includes correspondence 

(letters or emails) sent from individuals 

(general public), external partners such 

as state agencies that operate nutrition 

assistance programs, advocacy 

organizations, or members of congress. 

FNS initiated documents such as 

memos, guidance, or similar materials 

are also a category source. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed to authorized entities, as is 

determined to be relevant and 

necessary, outside USDA as a routine 

use pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

(1) To the Department of Justice 

when: (a) USDA or any component 

thereof; or (b) any employee of USDA in 

his or her official capacity, or any 

employee of the agency in his or her 

individual capacity where the 

Department of Justice has agreed to 

represent the employee; or (c) the 

United States Government, is a party to 

litigation or has an interest in such 

litigation, and USDA determines that 

the records are both relevant and 

necessary to the litigation and the use of 

such records by the Department of 

Justice is deemed by USDA to be for a 

purpose that is compatible with the 

purpose for which USDA collected the 

records. 

(2) In an appropriate proceeding 

before a court, grand jury, or 

administrative or adjudicative body or 

official, when the USDA or other 

Agency representing the USDA 

determines that the records are both 

relevant and necessary to the 

proceeding; or in an appropriate 

proceeding before an administrative or 

adjudicative body when the adjudicator 

determines the records to be relevant to 

the proceeding. 

(3) To a congressional office in 

response to an inquiry from that 

congressional office made at the written 

request of the individual about whom 

the record pertains. 

(4) To the National Archives and 

Records Administration or other Federal 

government agencies pursuant to 

records management activities being 

conducted under 44 U.S.C. 2904 and 

2906. 

(5) To an agency, organization, or 

individual for the purpose of performing 

audit or oversight operations as 

authorized by law, but only such 

information as is necessary and relevant 

to such audit or oversight function. 

(6) To other Federal agencies or nonFederal entities under approved 

computer matching efforts, limited to 

only those data elements considered 

relevant to determine eligibility under 

particular benefit programs 

administered by those agencies or 

entities or by USDA or any component 

thereof, to improve program integrity, 

and to collect debts and other monies 

owed under those programs. 

(7) To another Federal agency or 

Federal entity, when information from 

this system of records is reasonably 

necessary to assist the recipient agency 

or entity in: (1) responding to a 

suspected or confirmed breach or (2) 

preventing, minimizing, or remedying 

the risk of harm to individuals, the 

recipient agency or entity (including its 

information systems, programs, and 

operations), the Federal Government, or 

national security, resulting from a 

suspected or confirmed breach. 

(8) To appropriate agencies, entities, 

and persons when: (1) USDA suspects 

or has confirmed that there has been a 

breach of the system of records; (2) 

USDA has determined that as a result of 

the suspected or confirmed breach there 

is a risk of harm to individuals, USDA 

(including its information systems, 

programs, and operations), the Federal 

Government, or national security; and 

(3) the disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with USDA’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

(9) To contractors and their agents, 

grantees, experts, consultants, and other 

performing or working on a contract, 

service, grant, cooperative agreement, or 

other assignment for the USDA, when 

necessary to accomplish an agency 

function related to this system of 

records. 

(10) When a record on its face, or in 

conjunction with other records, 

indicates a violation or potential 

violation of law, whether civil, criminal 

or regulatory in nature, and whether 

arising by general statute or particular 

program statute, or by regulation, rule, 

or order issued pursuant thereto, USDA 

may disclose the record to the 

appropriate agency, whether Federal, 

foreign, State, local, or tribal, or other 


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63932 Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 

public authority responsible for 

enforcing, investigating, or prosecuting 

such violation or charged with enforcing 

or implementing the statute, or rule, 

regulation, or order issued pursuant 

thereto, if the information disclosed is 

relevant to any enforcement, regulatory, 

investigative or prosecutive 

responsibility of the receiving entity. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

The Mercury application is hosted in 

GovCloud, a cloud infrastructure 

environment. These records are 

electronic. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

The user’s permission level will 

dictate what records they can retrieve. 

All users of Mercury are FNS employees 

or contractors working on FNS 

computers. Each user of Mercury will be 

assigned specific permissions in the 

platform based on the role they take in 

the business process as a Process 

Manager, Writer, or Reviewer. 

The Process Managers, who 

orchestrate most of the business process, 

have the ability to create, edit, and move 

work packages through all stages of the 

process. This allows Process Managers 

to ensure the response is delivered in a 

timely manner and gives them the 

ability to overcome any roadblocks as 

needed. Process Managers have the 

ability to mark work packages as 

Delivered or Canceled as needed to 

indicate completion. Persons designated 

by the Associate Administrators have 

the same permissions as Process 

Managers, allowing them to act not only 

as a reviewer of a draft, but allows them 

to step into the Process Manager role to 

fill in if needed. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Mercury will retain and dispose of 

records in accordance with the 

following NARA-approved records 

schedule file code(s) and disposition 

authorities: 

(1) FNS–22 Controlled 

Correspondence Files Correspondence, 

memoranda, reports, and other records 

related to congressional inquiries and 

other correspondence sent to the 

secretary of Agriculture which is 

controlled by Secretary’s records. 

Includes memoranda and 

correspondence about various FNS 

programs signed by the Administrator, 

Assistance Secretaries, or the Secretary 

of Agriculture. Disposition Authority: 

NC1–462–79–2. Disposition: 

Washington Office: Permanent. Transfer 

to FRC when 5 years old, Offer to NARA 

when 10 years old. Other Offices: 

Temporary. Destroy when 1 year old. 

(2) FRS 5.1–20 Non-recordkeeping 

copies of electronic records- Nonrecordkeeping copies of electronic 

records agencies maintain in email 

systems, computer hard drives or 

networks, web servers, or other 

locations after agencies copy the records 

to a recordkeeping system or otherwise 

preserve the recordkeeping version. 

Disposition Authority: DAA– 

GRS2016–00160002. Disposition: 

Temporary. Destroy immediately after 

copying to a recordkeeping system or 

otherwise preserving. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

USDA safeguards records in this 

system according to applicable rules 

and policies, including all applicable 

USDA automated systems security and 

access policies. USDA has imposed 

strict controls to minimize the risk of 

compromising the information that is 

being stored. Access to the computer 

system containing the records in this 

system is limited to those individuals 

who have a need to know the 

information for the performance of their 

official duties and who have appropriate 

clearances or permissions. 

Mercury utilizes a robust collection of 

technical safeguards to ensure the 

integrity of the platform. Mercury is 

hosted in secure server environment 

that uses a firewall to prevent 

interference or access from outside 

intruders. When accessing Mercury, 

Secure Socket Layer (SSL) technology 

protects the user’s information by using 

both server authentication and data 

encryption. Users will only access 

Mercury by USDA eAuthentication 

through Personal Identity Verification 

(PIV) Card and Personal Identification 

Number (PIN) entry. Mercury 

administrators will have a suite of 

security tools that can be used to 

increase the security of the system. 

From a physical security standpoint, the 

servers that host Mercury are fed 

ramped certified and managed by the 

USDA’s Digital Services Center (DSC). 

The DSC is responsible for ensuring 

strict physical access control procedures 

are in place to prevent unauthorized 

access. Salesforce is contractually 

obligated to provide data backups and 

disaster recovery, and the DSC provides 

oversight of the contractor. 

RECORD ACCESS PROCEDURES: 

Individuals seeking notification of 

and access to any record contained in 

this system of records, or seeking to 

contest its content, may submit a 

request in writing to the component’s 

FOIA Officer, whose contact 

information can be found at http://

www.da.usda.gov/foia_agency_

pocs.htm. If an individual believes more 

than one component maintains Privacy 

Act records concerning him or her, the 

individual may submit the request to 

the Chief FOIA Officer, Department of 

Agriculture, 1400 Independence Avenue 

SW, Washington, DC 20250. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records, your 

request must conform with the Privacy 

Act regulations set forth in 7 CFR 1.112. 

You must submit a written request in 

accordance with the instructions set 

forth in the system of records. The 

request should include the name of the 

individual making the request, the name 

of the system of records, any other 

information specified in the system 

notice, and when the request is one for 

access, a statement of whether the 

requester desires to make a personal 

inspection of the records or by supplied 

with copies by mail or email. 

You must also include with your 

request sufficient data for FNS to verify 

your identity. If the sensitivity of the 

records warrants it, FNS may require 

that you submit a signed, notarized 

statement indicating that you are the 

individual to whom the records pertain 

and stipulating that you understand that 

knowingly or willfully seeking or 

obtaining access to records about 

another individual under false pretenses 

is a misdemeanor punishable by fine up 

to $5,000. No identification shall be 

required, however, if the records are 

required by 5 U.S.C. 552 to be released. 

If FNS determines to grant the requested 

access, fees may be charged in 

accordance with 7 CFR part 1, subpart 

G, 1.120 before making the necessary 

copies. In place of a notarization, your 

signature may be submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

CONTESTING RECORD PROCEDURES: 

Individuals desiring to contest or 

amend information maintained in the 

system should direct their requests to 

the System Manager listed above. The 

request should identify each particular 

record in question, state the amendment 

or correction desired, and state why the 

individual believes that the record is not 

accurate, relevant, timely, or complete. 

The individual may submit any 

documentation that would be helpful. If 

the individual believes that the same 

record is in more than one system of 

records, the request should state that 

and be addressed to each component 

that maintains a system of records 


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Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 63933 

1See Initiation of Five-Year (Sunset) Review, 88 

FR 26522 (May 1, 2023); see also Antidumping Duty 

Order: Silicon Metal From the People’s Republic of 

China, 56 FR 26649 (June 10, 1991) (Order). 

2The domestic interested parties are Globe 

Specialty Metals, Inc. (Globe) and Mississippi 

Silicon, LLC (Mississippi Silicon). 

3See Globe and Mississippi Silicon’s, ‘‘Letter 

‘‘Notice of Intent to Participate,’’ dated May 3, 2023. 

4See Globe and Mississippi Silicon’s Letter, 

‘‘Substantive Response to the Notice of Initiation,’’ 

dated May 30, 2023. 

5See Commerce’s Letter, ‘‘Sunset Reviews 

Initiated on May 1, 2023,’’ dated June 20, 2023. 

containing the record. This request must 

follow the procedures set forth in 7 CFR 

part 1, subpart G, 1.116 (Request for 

correction or amendment to record). 

NOTIFICATION PROCEDURES: 

Individuals seeking notification of 

and access to any record contained in 

this system of records or seeking to 

contest its content, may submit a 

request in writing to the component’s 

FOIA Officer, Kevin Lynch, whose 

contact information is: Kevin Lynch, 

FOIA Officer, USDA/Food and Nutrition 

Service, Braddock Metro Center II, 1320 

Braddock Place, Alexandria, VA 22314, 

email: FOIA-FNS@usda.gov, phone: 

703–305–2155. If an individual believes 

more than one component maintains 

Privacy Act records concerning him or 

her the individual may submit the 

request to the Chief FOIA Officer, 

Department of Agriculture, 1400 

Independence Avenue SW, Washington, 

DC 20250. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records your 

request must conform with the Privacy 

Act regulations set forth in 6CFR part 5. 

You must first verify your identity, 

meaning that you must provide your full 

name, current address, and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

In addition you should provide the 

following: (1) An explanation of why 

you believe the Department would have 

information on you; (2) identify which 

component(s) of the Department you 

believe may have the information about 

you; (3) specify when you believe the 

records would have been created; (4) 

provide any other information that will 

help the FOIA staff determine which 

USDA component agency may have 

responsive records; (5) if your request is 

seeking records pertaining to another 

living individual, you must include a 

statement from that individual 

certifying his or her agreement for you 

to access his or her records. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

None. 

Tameka Owens, 

Assistant Administrator, Food and Nutrition 

Service. 

[FR Doc. 2023–19829 Filed 9–15–23; 8:45 am] 

BILLING CODE 3410–30–P 

COMMISSION ON CIVIL RIGHTS 

Sunshine Act Meeting 

AGENCY: United States Commission on 

Civil Rights. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Government in Sunshine Act (5 U.S.C. 

552b), the Commission on Civil Rights 

is holding a meeting to discuss the 

Commission’s business for the month of 

September. 

DATES: Friday, September 22, 2023, 10 

a.m. EST. 

ADDRESSES: Meeting to take place 

virtually and is open to the public via 

livestream on the Commission’s 

YouTube page: https://

www.youtube.com/user/USCCR/videos. 

FOR FURTHER INFORMATION CONTACT: 

Angelia Rorison: 202–376–8371; 

publicaffairs@usccr.gov. 

SUPPLEMENTARY INFORMATION: This 

business meeting is open to the public. 

Computer assisted real-time 

transcription (CART) will be provided. 

The web link to access CART (in 

English) on September 22, 2023, is 

https://www.streamtext.net/ 

player?event=USCCR. Please note that 

CART is text-only translation that 

occurs in real time during the meeting 

and is not an exact transcript. 

Meeting Agenda 

I. Approval of Agenda 

II. Business Meeting 

III. Discussion and Vote on 2024 USCCR 

Business Meeting Calendar 

IV. Presentation by the Texas Advisory 

Committee Chair on Interim Report, 

Mental Healthcare in the Texas 

Juvenile Justice System 

V. Management and Operations 

• Staff Director’s Report 

VI. Adjourn Meeting 

Dated: September 13, 2023. 

Angelia Rorison, 

USCCR Media and Communications Director. 

[FR Doc. 2023–20237 Filed 9–14–23; 4:15 pm] 

BILLING CODE 6335–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–806] 

Silicon Metal From the People’s 

Republic of China: Final Results of the 

Expedited Fifth Sunset Review of the 

Antidumping Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of this expedited 

sunset review, the U.S. Department of 

Commerce (the Department) finds that 

revocation of the antidumping duty 

order on silicon metal from the People’s 

Republic of China (China) would likely 

lead to continuation or recurrence of 

dumping at the level indicated in the 

‘‘Final Results of Sunset Review’’ 

section of this notice, infra. 

DATES: Applicable September 18, 2023. 

FOR FURTHER INFORMATION CONTACT: Paul 

Kebker or Howard Smith, AD/CVD 

Operations, Office IV, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2254 or (202) 482–5193, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

After Commerce initiated this sunset 

review of the order,1 pursuant to section 

751(c) of the Tariff Act of 1930, as 

amended (the Act), domestic interested 

parties 2 submitted a notice of intent to 

participate in,3 and an adequate 

substantive response regarding, this 

sunset review within the 30-day 

deadline specified in 19 CFR 

351.218(d)(3)(i).4 Commerce did not 

receive a substantive response from any 

respondent interested party. Therefore, 

Commerce notified the U.S. 

International Trade Commission that it 

did not receive an adequate substantive 

response from respondent interested 

parties.5 As a result, pursuant to section 

751(c)(3)(B) of the Act and 19 CFR 

351.218(e)(1)(ii)(C)(2), Commerce 

conducted an expedited (120-day) 

sunset review of the Order. 

Scope of the Order 

The merchandise covered by the 

Order is silicon metal containing at least 

96.00 percent, but less than 99.99 

percent of silicon by weight. Also 

covered by the order is silicon metal 

containing between 89.00 and 96.00 

percent silicon by weight but which 

contains a higher aluminum content 

than the silicon metal containing at least 


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