Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10477 

1See Antidumping Duty Order: Silicon Metal 

From the People’s Republic of China, 56 FR 26649 

(June 10, 1991). 

2See Initiation of Five-Year (‘‘Sunset’’) Review, 76 

FR 67412 (November 1, 2011). 

Assessment 

The Department will instruct CBP to 

assess antidumping duties on all 

appropriate entries. For IUSA, 

antidumping duties shall be assessed at 

rates equal to the cash deposit of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, during the 

period November 22, 2010, through 

October 31, 2011, in accordance with 19 

CFR 351.212(c)(1)(i). The Department 

intends to issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of this notice. 

Notification to Importers 

This notice serves as a reminder to 

importers of their responsibility under 

19 CFR 351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent increase in 

the amount of antidumping duties 

assessed. 

Notification Regarding Administrative 

Protective Order 

This notice serves as a final reminder 

to parties subject to administrative 

protective orders (‘‘APOs’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under an APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. 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. 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.213(d)(4). 

Dated: February 15, 2012. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2012–4123 Filed 2–21–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–806] 

Silicon Metal From the People’s 

Republic of China: Final Results of the 

Expedited Third Sunset Review of the 

Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 1, 2011, the 

Department of Commerce (‘‘the 

Department’’) initiated the third sunset 

review of the antidumping duty order 

on silicon metal from the People’s 

Republic of China (‘‘PRC’’) pursuant to 

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

as amended (‘‘the Act’’). Based on the 

notice of intent to participate and 

adequate substantive response filed by 

the domestic interested party, and the 

lack of response from any respondent 

interested party, the Department 

conducted an expedited (120-day) 

sunset review of the antidumping duty 

order on silicon metal from the PRC, 

pursuant to section 751(c)(3)(B) of the 

Act and 19 CFR 351.218(e)(1)(ii)(C)(2). 

As a result of this sunset review, the 

Department finds that revocation of the 

antidumping duty order would be likely 

to lead to continuation or recurrence of 

dumping, at the levels indicated in the 

‘‘Final Results of Sunset Review’’ 

section of this notice, infra. 

DATES: Effective Date: February 22, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Patrick O’Connor or Howard Smith, AD/ 

CVD Operations, Office 4, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–0989 or (202) 482– 

5193, respectively. 

SUPPLEMENTARY INFORMATION: On June 

10, 1991, the Department published the 

antidumping duty order on silicon 

metal from the PRC.1 On November 1, 

2011, the Department published the 

notice of initiation of the third sunset 

review of the antidumping duty order 

on silicon metal from the PRC, pursuant 

to section 751(c) of the Act.2 On 

November 16, 2011, pursuant to 19 CFR 

351.218(d)(1), the Department received 

a timely and complete notice of intent 

to participate in the sunset review from 

Globe Metallurgical, Inc., a domestic 

producer of silicon metal (‘‘Globe’’). On 

December 1, 2011, pursuant to 19 CFR 

351.218(d)(3), Globe filed a timely and 

adequate substantive response. The 

Department did not receive substantive 

responses from any respondent 

interested party. As a result, pursuant to 

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

CFR 351.218(e)(1)(ii)(C)(2), the 

Department conducted an expedited 

(120-day) sunset review of the 

antidumping duty order on silicon 

metal from the PRC. 

Scope of the Order 

Imports covered by this review are 

shipments of silicon metal containing at 

least 96.00 but less than 99.99 percent 

of silicon by weight. Also covered by 

this review is silicon metal from the 

PRC 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 96.00 percent but less 

than 99.99 percent silicon by weight. 

Silicon metal is currently provided for 

under subheadings 2804.69.10 and 

2804.69.50 of the Harmonized Tariff 

Schedule (‘‘HTS’’) as a chemical 

product, but is commonly referred to as 

a metal. Semiconductor-grade silicon 

(silicon metal containing by weight not 

less than 99.99 percent of silicon and 

provided for in subheading 2804.61.00 

of the HTS) is not subject to this review. 

Although the HTS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

merchandise is dispositive. 

Analysis of Comments Received 

A complete discussion of all issues 

raised in this sunset review is provided 

in the accompanying Issues and 

Decision Memorandum, which is hereby 

adopted by this notice. See ‘‘Issues and 

Decision Memorandum for the 

Expedited Third Sunset Review of the 

Antidumping Duty Order on Silicon 

Metal from the People’s Republic of 

China,’’ from Christian Marsh, Deputy 

Assistant Secretary for Antidumping 

and Countervailing Duty Operations, to 

Paul Piquado, Assistant Secretary for 

Import Administration, dated 

concurrently with this notice (‘‘I&D 

Memorandum’’). The issues discussed 

in the I&D Memorandum include the 

likelihood of continuation or recurrence 

of dumping and the magnitude of the 

margins likely to prevail if the order is 

revoked. The I&D Memorandum is a 

public document and is on file 

electronically via Import 

Administration’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (‘‘IA 

ACCESS’’). Access to IA ACCESS is 


srobinson on DSK4SPTVN1PROD with NOTICES
10478 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From the 

People’s Republic of China: Postponement of 

Preliminary Determination in the Countervailing 

Duty Investigation, 76 FR 81914 (December 29, 

2011). 

2See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From the 

People’s Republic of China: Second Postponement 

of Preliminary Determination in the Countervailing 

Duty Investigation, 77 FR 4764 (January 31, 2012). 

3See section 703(c)(1)(B) of the Act. 

4See letter from Changzhou Trina Solar Energy 

Co., Ltd., regarding, ‘‘Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled into 

Modules, from the People’s Republic of China; CVD 

Questionnaire Response of Changzhou Trina Solar 

Energy Co., Ltd.,’’ dated January 31, 2012. See also 

letter from Wuxi Suntech Power Co. Ltd., regarding, 

‘‘Crystalline Silicon Photovoltaic (‘‘CSPV’’) Cells 

from the People’s Republic of China: Countervailing 

Duty Questionnaire Response of Wuxi Suntech 

Power Co., Ltd.,’’ dated January 31, 2012. 

5See Notice of Clarification: Application of ‘‘Next 

Business Day’’ Rule for Administrative 

Determination Deadlines Pursuant to the Tariff Act 

of 1930, As Amended, 70 FR 24533 (May 10, 2005). 

available in the Central Records Unit 

(‘‘CRU’’), room 7046 of the main 

Department of Commerce building. In 

addition, a complete version of the I&D 

Memorandum can be accessed directly 

on the internet at http://www.trade.gov/ 

ia/. The signed I&D Memorandum and 

the electronic versions of the I&D 

Memorandum are identical in content. 

Final Results of Sunset Review 

The Department determines that 

revocation of the antidumping duty 

order on silicon metal from the PRC 

would be likely to lead to continuation 

or recurrence of dumping at the 

following weighted-average margins: 

Exporters 

WeightedAverage 

margin 

(percent) 

PRC-Wide Rate ........................ 139.49 

Notification Regarding Administrative 

Protective Order 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (‘‘APO’’) 

of their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305. 

Timely notification of the return or 

destruction of APO materials or 

conversion to judicial protective orders 

is hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

We are issuing and publishing the 

results and notice in accordance with 

sections 751(c), 752(c), and 777(i)(1) of 

the Act. 

Dated: February 15, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–4127 Filed 2–21–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–980] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From the People’s Republic 

of China: Postponement of Preliminary 

Determination in the Countervailing 

Duty Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Gene Calvert, Jun Jack Zhao, or Emily 

Halle, AD/CVD Operations, Office 6, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue NW., Washington, 

DC 20230; telephone: (202) 482–3586, 

(202) 482–1396 or (202) 482–0176, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 21, 2011, based on a 

timely request from the petitioner, 

SolarWorld Industries America, Inc. 

(Petitioner), the Department of 

Commerce (the Department) extended 

the due date for the preliminary 

determination in the countervailing 

duty investigation of crystalline silicon 

photovoltaic cells, whether or not 

assembled into modules, from the 

People’s Republic of China, to no later 

than February 13, 2012.1 Petitioner 

made a second timely request on 

January 19, 2012, to further postpone 

the preliminary countervailing duty 

determination by 18 days, to March 2, 

2012, which the Department granted.2

Postponement of Due Date for the 

Preliminary Determination 

Section 703(b)(1) of the Tariff Act of 

1930, as amended (the Act), requires the 

Department to issue the preliminary 

determination in a countervailing duty 

investigation within 65 days after the 

date on which the Department initiated 

the investigation. However, if the 

Department concludes that the parties 

concerned in the investigation are 

cooperating and determines that the 

investigation is extraordinarily 

complicated, section 703(c)(1)(B) of the 

Act allows the Department to postpone 

making the preliminary determination 

until no later than 130 days after the 

date on which the administering 

authority initiated the investigation. 

The Department has determined that 

the parties involved in this proceeding 

are cooperating, and that the 

investigation is extraordinarily 

complicated.3 The mandatory 

respondents recently filed extensive 

questionnaire responses and also 

identified and included responses to the 

questionnaire for multiple cross-owned 

affiliated companies, which now are 

included in the investigation.4

Specifically, the Department is 

investigating 27 alleged subsidy 

programs including, but not limited to, 

loans, grants, income tax incentives, and 

the provision of goods and services for 

less than adequate remuneration. Due to 

the number of companies and the 

complexity of the alleged 

countervailable subsidy practices being 

investigated, we determine that this 

investigation is extraordinarily 

complicated. Therefore, in accordance 

with section 703(c)(1)(B) of the Act, we 

are fully extending the due date for the 

preliminary determination to no later 

than 130 days after the day on which 

the investigation was initiated. 

However, as that date falls on a 

Saturday (i.e., March 17, 2012), the 

deadline for completion of the 

preliminary determination is now 

Monday, March 19, 2012, the next 

business day.5

This notice is issued and published 

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

and 19 CFR 351.205(f)(1). 

Dated: February 15, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–4119 Filed 2–21–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Quarterly Update to Annual Listing of 

Foreign Government Subsidies on 

Articles of Cheese Subject to an InQuota Rate of Duty 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: February 22, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Gayle Longest, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 


srobinson on DSK4SPTVN1PROD with NOTICES