37846 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 

11See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews; 82 FR 

35749 (August 2, 2017) (June Initiation Notice). 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews; 82 FR 

31292 (June 6, 2016) (May Initiation Notice). 

3See June Initiation Notice, 82 FR at 35749. 

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 

its calculations and analysis performed 

to interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the 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 no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline date for case briefs.11

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, 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 determine 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 merchandise covered by this 

investigation is aluminum foil having a 

thickness of 0.2 mm or less, in reels 

exceeding 25 pounds, regardless of width. 

Aluminum foil is made from an aluminum 

alloy that contains more than 92 percent 

aluminum. Aluminum foil may be made to 

ASTM specification ASTM B479, but can 

also be made to other specifications. 

Regardless of specification, however, all 

aluminum foil meeting the scope description 

is included in the scope. 

Excluded from the scope of this 

investigation is aluminum foil that is backed 

with paper, paperboard, plastics, or similar 

backing materials on only one side of the 

aluminum foil, as well as etched capacitor 

foil and aluminum foil that is cut to shape. 

Where the nominal and actual 

measurements vary, a product is within the 

scope if application of either the nominal or 

actual measurement would place it within 

the scope based on the definitions set forth 

above. The products under investigation are 

currently classifiable under Harmonized 

Tariff Schedule of the United States (HTSUS) 

subheadings 7607.11.3000, 7607.11.6000, 

7607.11.9030, 7607.11.9060, 7607.11.9090, 

and 7607.19.6000. Further, merchandise that 

falls within the scope of this proceeding may 

also be entered into the United States under 

HTSUS subheadings 7606.11.3060, 

7606.11.6000, 7606.12.3045, 7606.12.3055, 

7606.12.3090, 7606.12.6000, 7606.91.3090, 

7606.91.6080, 7606.92.3090, and 

7606.92.6080. Although the HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the scope of this proceeding is 

dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Injury Test 

VI. Application of the CVD Law to Imports 

From the PRC 

VII. Subsidies Valuation 

VIII. Benchamrks and Interest Rates 

IX. Use of Facts Otherwise Available and 

Adverse Inferences 

X. Analysis of Programs 

XI. ITC Notification 

XII. Disclosure and Public Comment 

XIII. Verification 

XIV. Conclusion 

[FR Doc. 2017–17113 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Marcia E. Short, Office of AD/CVD 

Operations, Customs Liaison Unit, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230, telephone: (202) 482–1560. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 1, 2017, the Department of 

Commerce (the Department) published 

the June Initiation Notice 1 in which the 

Department inadvertently initiated an 

antidumping duty administrative review 

of Polyester Staple Fiber from Taiwan 

(A–583–833) covering the period May 1, 

2016, through April 30, 2017. The 

Department did not intend to initiate a 

review with respect to this order. 

Instead, the Department intended to 

correct the May Initiation Notice 2 in 

which the Department inadvertently 

included TFM North America, Inc. in 

the initiation notice with respect to the 

antidumping duty administrative review 

of Certain Stillbenic Optical Brightening 

Agents (A–583–848) covering the period 

May 1, 2016 through April 30, 2017. 

The Department only intended to 

initiate a review with respect to Teh 

Fong Min International Co. Ltd. In 

addition, in the June Initiation Notice 

the Department misspelt Teh Fong Min 

International Co. Ltd. as The Fong Min 

International Co. Ltd.3 This notice 

serves as a correction to the June 

Initiation Notice. 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37847 

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 of the 

Countervailing Duty Investigation of Silicon Metal 

from the Republic of Kazakhstan,’’ 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 Tau-Ken Temir’s Supplemental Affiliation 

Response, dated May 15, 2017 (Tau-Ken Temir May 

15, 2017 SAFFR). 

9See GOK’s June 1, 2017 Initial Questionnaire 

Response (GOK June 1, 2017 IQR). 

10See sections 776(a) and (b) of the Act. 

11See Initiation Notice, 82 FR 16356. 

12See Silicon Metal from Australia, Brazil, and 

Norway: Initiation of Less-Than-Fair-Value 

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

Dated: August 9, 2017. 

James Maeder, 

Senior Director, perfoming the Duties of 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2017–17114 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–834–808] 

Silicon Metal From the Republic of 

Kazakhstan: 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 

producers and exporters of silicon metal 

from the Republic of Kazakhstan 

(Kazakhstan). The period of 

investigation is January 1, 2016, through 

December 31, 2016. 

DATES: Effective August 14, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Terre Keaton Stefanova or Rebecca Janz, 

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) 482–1280 or 

(202) 482–2972, 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 Tau-Ken 

Temir LLP (Tau-Ken Temir), a producer 

and exporter of silicon metal from 

Kazakhstan, is the sole mandatory 

respondent for which we have 

determined there were exports during 

the period of investigation to the United 

States. 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 

Kazakhstan. 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

In its questionnaire responses, TauKen Temir refused to provide the 

Department with requested information 

or analyze whether its cross-owned 

companies received countervailable 

subsidies.8 Furthermore, the 

Government of Kazakhstan’s (GOK)’s 

initial questionnaire response was 

wholly deficient with respect to an 

allegation that electricity was sold to 

Tau-Ken Temir for less than adequate 

remuneration, and its supplemental 

response regarding this allegation was 

untimely filed.9 Thus, the Department 

has relied on facts available as part of 

its analysis. Additionally, because we 

find that Tau-Ken Temir and the GOK 

did not act to the best of their abilities 

to respond to the Department’s requests 

for information and, therefore, impeded 

this investigation, we drew an adverse 

inference where appropriate in selecting 

from among the facts otherwise 

available.10 For further information, see 

‘‘Use of Facts Otherwise Available and 

Adverse Inferences’’ in the Preliminary 

Decision Memorandum. 

Alignment 

On March 28, 2017, the Department 

initiated this countervailing duty (CVD) 

investigation of silicon metal from 

Kazakhstan.11 On the same day, the 

Department also initiated antidumping 

duty (AD) investigations of silicon metal 

from Australia, Brazil, and Norway.12

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