Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37843 

1See Silicon Metal from Australia, Brazil, and 

Kazakhstan: Initiation of Countervailing Duty 

Investigations, 82 FR 16356 (April 4, 2017) 

(Initiation Notice). 

2See Silicon Metal from Australia, Brazil, and 

Kazakhstan: Postponement of Preliminary 

Determinations of Countervailing Duty 

Investigations, 82 FR 22490 (May 16, 2017). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the 

Countervailing Duty Investigation of Silicon Metal 

from Australia,’’ 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). 

5See Initiation Notice. 

6See Memorandum, ‘‘Silicon Metal from 

Australia, Brazil, Kazakhstan, and Norway: Scope 

Comments Decision Memorandum for the 

Preliminary Determinations,’’ dated June 27, 2017 

(Preliminary Scope Decision Memorandum). 

7See 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. 

8See Initiation Notice. 

9See Silicon Metal from Australia, Brazil and 

Norway: Initiation of Less-Than-Fair-Value 

Investigations, 82 FR 16352 (April 4, 2017). 

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: August 7, 2017. 

Carole Showers, 

Executive Director, Office of Policy, 

performing the duties of Deputy 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 these investigations. 

Silicon metal is currently classifiable 

under subheadings 2804.69.1000 and 

2804.69.5000 of the HTSUS. While 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 Comments 

IV. Alignment 

V. Injury Test 

VI. Use of Facts Otherwise Available 

VII. Subsidies Valuation 

VIII. Analysis of Programs 

IX. Conclusion 

[FR Doc. 2017–17117 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–602–811] 

Silicon Metal From Australia: 

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 

(the Department) preliminarily 

determines that countervailable 

subsidies are being provided to a 

producer/exporter of silicon metal from 

Australia. The period of investigation is 

January 1, 2016 through December 31, 

2016. 

DATES: Effective August 14, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Johnson or John Anwesen, 

AD/CVD Operations, Office VIII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230; telephone: (202) 482–4929 or 

(202) 482–0131, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). The Department published the 

notice of initiation of this investigation 

on April 4, 2017.1 On May 16, 2017, the 

Department postponed the preliminary 

determination of this investigation and 

the revised deadline is now August 7, 

2017.2 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, and is available to all 

parties in the Central Records Unit, 

room B8024 of the main Department of 

Commerce building. 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 

Australia. For a complete description of 

the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the preamble to 

the Department’s regulations,4 the 

Initiation Notice set aside a period of 

time for parties to raise issues regarding 

product coverage, (i.e., scope).5 Certain 

interested parties commented on the 

scope of the investigation as it appeared 

in the Initiation Notice. For a summary 

of the product coverage comments and 

rebuttal responses submitted to the 

record for this preliminary 

determination, and accompanying 

discussion and analysis of all comments 

timely received, see the Preliminary 

Scope Decision Memorandum.6 The 

Department preliminarily is not 

modifying the scope language as it 

appeared in the Initiation Notice. See 

Appendix I. 

Methodology 

The Department is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, the 

Department 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.7

Alignment 

On March 28, 2017, the Department 

initiated this countervailing duty (CVD) 

investigation of silicon metal from 

Australia.8 On the same day, the 

Department also initiated antidumping 

duty (AD) investigations of silicon metal 

from Australia, Brazil, and Norway.9

This CVD investigation and the AD 

investigations of Australia, Brazil, and 

Norway cover the same class or kind of 

merchandise. 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

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

351.210(b)(4), the Department is 

aligning the final CVD determination in 

this investigation with the final 

determinations in the companion AD 

investigations of silicon metal from 

Australia, Brazil, and Norway based on 


sradovich on DSK3GMQ082PROD with NOTICES
37844 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 

10See Letter from the petitioner, ‘‘Silicon Metal 

from Australia, Brazil, and Kazakhstan; 

Countervailing Duty Investigations; Request for 

Alignment of Final Determinations,’’ dated July 10, 

2017. 

11As discussed in the Preliminary Decision 

Memorandum, the Department has found the 

following companies to be cross-owned with 

Simcoa: Silicon Metal Company of Australia Pty 

Ltd., Microsilica Pty Ltd., and Simcoa International 

Pty Ltd. 

12See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

a request made by the petitioner.10

Consequently, the final CVD 

determination will be issued on the 

same date as the final AD 

determinations for Australia, Brazil, and 

Norway, which are currently scheduled 

to be issued no later than December 18, 

2017, unless postponed. 

All-Others Rate 

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

the Act provide that in the preliminary 

determination, the Department 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. 

The Department calculated an 

individual estimated countervailable 

subsidy rate for Simcoa Operations Pty. 

Ltd. (Simcoa), the only individually 

examined producer/exporter in this 

investigation. Because the only 

individually calculated rate is not zero, 

de minimis, or based entirely on facts 

otherwise available, the estimated 

weighted-average rate calculated for 

Simcoa is the rate assigned to all-other 

producers and exporters, pursuant to 

section 705(c)(5)(A)(i) of the Act. 

Preliminary Determination 

The Department preliminarily 

determines that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy 

rate 

(percent) 

Simcoa Operations Pty Ltd 11 ..... 16.23 

All-Others .................................... 16.23 

Suspension of Liquidation 

In accordance with section 

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

Department 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), the Department will instruct 

CBP to require a cash deposit equal to 

the rates indicated above. 

Disclosure 

The Department intends to disclose to 

interested parties its calculations and 

analysis performed in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the publication date of this notice in 

accordance with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, the Department intends to verify 

the information relied upon in making 

its final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance at a date to be determined. 

Rebuttal briefs, limited to issues raised 

in case briefs, may be submitted no later 

than five days after the deadline date for 

case briefs.12 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, the 

Department intends to hold the hearing 

at the U.S. Department of Commerce, 

1401 Constitution Avenue NW., 

Washington, DC 20230, 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. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, the Department will notify the 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will make its final injury determination 

before the later of 120 days after the date 

of this preliminary determination or 45 

days after the final determination. 

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: August 7, 2017. 

Carole Showers, 

Executive Director, Office of Policy, 

performing the duties of Deputy Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

Scope of the Investigation 

The scope of these 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 these investigations. 

Silicon metal is currently classifiable 

under subheadings 2804.69.1000 and 

2804.69.5000 of the HTSUS. While 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 Comments 

IV. Alignment 

V. Injury Test 

VI. Subsidies Valuation 

VII. Analysis of Programs 

VIII. Conclusion 

[FR Doc. 2017–17116 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–054] 

Certain Aluminum Foil From the 

People’s Republic of China: 

Preliminary Affirmative Countervailing 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that countervailable 

subsidies are being provided to 


sradovich on DSK3GMQ082PROD with NOTICES