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
37848 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 

13See Letter from the petitioner, ‘‘Silicon Metal 

from Australia, Brazil, and Kazakhstan; 

Countervailing Duty Investigations; Request for 

Alignment of Final Determinations,’’ dated July 10, 

2017. 

14See, e.g., Grain-Oriented Electrical Steel from 

the People’s Republic of China: Final Affirmative 

Countervailing Duty Determination, 79 FR 59221 

(October 1, 2014), and accompanying Issues and 

Decision Memorandum at Comment 1; Circular 

Welded Carbon-Quality Steel Pipe from India: Final 

Affirmative Countervailing Duty Determination, 77 

FR 64468, 64470 (October 22, 2012); and Certain 

Potassium Phosphate Salts from the People’s 

Republic of China: Final Affirmative Countervailing 

Duty Determination and Termination of Critical 

Circumstances Inquiry, 75 FR 30375 (June 1, 2010). 

15As discussed in the Preliminary Decision 

Memorandum, the Department has found the 

following companies to be cross-owned with TauKen Temir LLP: JSC NMC Tau-Ken Samruk and LLP 

Silicon Mining. 

16See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

a request made by the petitioner.13

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 or de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

Pursuant to section 705(c)(5)(A)(ii) of 

the Act, if the individual estimated 

countervailable subsidy rates 

established for all exporters and 

producers individually examined are 

zero, de minimis, or determined based 

entirely on facts otherwise available, the 

Department may use any reasonable 

method to establish the estimated 

subsidy rate for all-other producers or 

exporters. 

In this investigation, the Department 

preliminarily assigned a rate based 

entirely on facts available to Tau-Ken 

Temir. Accordingly, we are using ‘‘any 

reasonable method’’ to establish the allothers rate. We find that it is reasonable 

to rely on the rate established for TauKen Temir as the all-others rate, 

particularly because there is no other 

information on the record that can be 

used to determine an all-others rate.14

Preliminary Determination 

The Department preliminarily 

determines that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy 

rate 

(percent) 

Tau-Ken Temir LLP15 ................ 120.00 

Company 

Subsidy 

rate 

(percent) 

All-Others .................................... 120.00 

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 

Normally, the Department discloses to 

interested parties the calculations 

performed in connection with a 

preliminary determination within five 

days of the public announcement of, 

where there is no public announcement, 

within five days of the date of 

publication of the notice of preliminary 

determination in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

However, because the Department 

preliminarily applied facts available 

with an adverse inference to the 

individually examined company TauKen Temir in this investigation in 

accordance with section 776 of the Act, 

and the applied facts available rate is 

based solely on the corporate income 

tax rate in Kazakhstan, there are no 

calculations to disclose. 

Verification 

Because both Tau-Ken Temir and the 

GOK did not provide information 

requested by the Department, and the 

Department preliminarily determines 

that Tau-Ken Temir and the GOK have 

been uncooperative, we do not intend to 

conduct verification. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than 30 days after 

the date of publication of the 

preliminary determination. Rebuttal 

briefs, limited to issues raised in case 

briefs, may be submitted no later than 

five days after the deadline date for case 

briefs.16 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 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) 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37849 

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 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. Period of Investigation 

IV. Scope Comments 

V. Respondent Selection 

VI. Injury Test 

VII. Use of Facts Otherwise Available and 

Adverse Inferences 

VIII. Calculation of the All-Others Rate 

IX. Conclusion 

[FR Doc. 2017–17112 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF604 

Permanent Advisory Committee To 

Advise the U.S. Commissioners to the 

Western and Central Pacific Fisheries 

Commission; Meeting Announcement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: NMFS announces a public 

meeting of the Permanent Advisory 

Committee (PAC) to advise the U.S. 

Commissioners to the Commission for 

the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(WCPFC) on September 12, 2017. 

DATES: The meeting of the PAC will be 

held via conference call on September 

12, 2017, from 11 a.m. to 1 p.m. HST (or 

until business is concluded). Members 

of the public may submit written 

comments; comments must be received 

by September 7, 2017. 

ADDRESSES: The public meeting will be 

conducted via conference call. For 

details on how to call in to the 

conference line or to submit comments, 

please contact Emily Crigler, NMFS 

Pacific Islands Regional Office; 

telephone: 808–725–5036; email: 

emily.crigler@noaa.gov. Documents to 

be considered by the PAC will be sent 

out via email in advance of the 

conference call. Please submit contact 

information to Emily Crigler (telephone: 

808–725–5036; email: emily.crigler@

noaa.gov) at least 3 days in advance of 

the call to receive documents via email. 

FOR FURTHER INFORMATION CONTACT: 

Emily Crigler, NMFS Pacific Islands 

Regional Office; 1845 Wasp Blvd., Bldg. 

176, Honolulu, HI 96818; telephone: 

808–725–5036; facsimile: 808–725– 

5215; email: emily.crigler@noaa.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Western and 

Central Pacific Fisheries Convention 

Implementation Act (16 U.S.C. 6901 et 

seq.), the Permanent Advisory 

Committee, or PAC, has been formed to 

advise the U.S. Commissioners to the 

WCPFC. Members of the PAC have been 

appointed by the Secretary of Commerce 

in consultation with the U.S. 

Commissioners to the WCPFC. The PAC 

supports the work of the U.S. National 

Section to the WCPFC in an advisory 

capacity. The U.S. National Section is 

made up of the U.S. Commissioners and 

the Department of State. NMFS Pacific 

Islands Regional Office provides 

administrative and technical support to 

the PAC in cooperation with the 

Department of State. More information 

on the WCPFC, established under the 

Convention on the Conservation and 

Management of Highly Migratory Fish 

Stocks in the Western and Central 

Pacific Ocean, can be found on the 

WCPFC Web site: http://wcpfc.int/. 

Meeting Topics 

The purpose of the September 12, 

2017, conference call is to discuss 

outcomes of: The 2017 regular session of 

the WCPFC Scientific Committee 

(SC13), the 2017 regular session of the 

WCPFC Northern Committee (NC13), 

and the Intersessional Meeting to 

progress the draft Bridging CMM on 

Tropical Tuna. There will also be a 

discussion on topics relevant to the 

subsequent regular session of the 

Technical and Compliance Committee 

(TCC13). 

Special Accommodations 

The conference call is accessible to 

people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Emily Crigler at 808–725–5036 at least 

ten working days prior to the meeting. 

Authority: 16 U.S.C. 6902 et seq. 

Dated: August 9, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–17121 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF431 

Endangered Species; File No. 21516 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for public comments. 

SUMMARY: We, NMFS, have received an 

application from Virginia Electric and 

Power Company, D.B.A. Dominion 

Virginia Power (Dominion) for an 

incidental take permit, pursuant to the 

Endangered Species Act (ESA) of 1973, 

as amended, for activities associated 

with the otherwise lawful continued 

operation and maintenance of the 

Dominion Chesterfield Power Station 

(CPS) in Chesterfield, VA. We are 

considering issuing a 10-year permit to 

the applicant that would authorize take 

of ESA-listed Atlantic sturgeon 

(Acipenser oxyrinchus oxyrinchus) from 

the Chesapeake Bay Distinct Population 

Segment (DPS) incidental to otherwise 

lawful activities associated with the 

withdrawal of cooling water from the 

James River and entrainment and 

impingement sampling required by the 

Clean Water Act. Pursuant to the ESA 

and the National Environmental Policy 

Act (NEPA), we announce the 

availability of Dominion’s ITP 

application and draft habitat 

conservation plan (HCP), as well as our 

draft environmental assessment (EA), 

for public review and comment. We 

provide this notice to seek comments 

from the public and Federal, Tribal, 

State, and local governments. 

DATES: To allow for timely processing of 

the permit application, we must receive 

your comments no later than September 

13, 2017. 

ADDRESSES: The application is available 

for download and review at http://

www.nmfs.noaa.gov/pr/permits/esa_

review.htm under the section heading 

ESA section 10(a)(1)(B) Permits and 

Applications and at http://

www.regulations.gov. The application is 

also available upon written request or 

by appointment in the following office: 

Protected Resources Division, NMFS 

Greater Atlantic Regional Fisheries 

Office, 55 Great Republic Drive, 

Gloucester, MA 01930; phone (978) 

281–9328. 

Submit your comments by including 

NOAA–NMFS–2017–0051, by either of 

the following methods: 


sradovich on DSK3GMQ082PROD with NOTICES