Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47475 

6See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694 (October 24, 2011). 

7 Id. 

1See Silicon Metal From Australia, Brazil, and 

Norway: Initiation of Less-Than-Fair-Value 

Investigations, 82 FR 16352 (April 4, 2017) 

(Initiation Notice). 

2See Silicon Metal from Australia, Brazil, and 

Norway: Postponement of Preliminary 

Determinations in the Less-Than-Fair-Value 

Investigations, 82 FR 35753 (August 1, 2017). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair-Value Investigation of Silicon Metal from 

Norway,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

by this review. The Department intends 

to issue assessment instructions to CBP 

15 days after the date of publication of 

these final results of review. 

Accordingly, we will instruct CBP to 

liquidate the entries reported by 

Baoding Mantong without regard to 

antidumping duties. The Department 

also intends to instruct CBP to liquidate 

entries of subject merchandise from the 

exporters identified above as being part 

of the PRC-wide entity (including 

Huayang Chemical) at the PRC-wide 

rate, i.e., 453.79 percent. 

Pursuant to a refinement in the 

Department’s non-market economy 

practice, for entries that were not 

reported in the U.S. sales databases 

submitted by companies individually 

examined during this review, the 

Department will instruct CBP to 

liquidate such entries at the PRC-wide 

rate.6 Additionally, if the Department 

determines that an exporter had no 

shipments of the subject merchandise, 

any suspended entries that entered 

under that exporter’s case number (i.e., 

at that exporter’s rate) will be liquidated 

at the PRC-wide rate.7

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

For Baoding Mantong and other 

previously investigated or reviewed PRC 

and non-PRC exporters which are not 

under review in this segment of the 

proceeding but received a separate rate 

in a previous segment, the cash deposit 

rate will continue to be the exporterspecific rate published for the most 

recently-completed period; (2) for all 

PRC exporters of subject merchandise 

which have not been found to be 

entitled to a separate rate, the cash 

deposit rate will be that for the PRCwide entity (i.e., 453.79 percent); and (3) 

for all non-PRC exporters of subject 

merchandise which have not received 

their own rate, the cash deposit rate will 

be the rate applicable to the PRC 

exporter(s) that supplied the non-PRC 

exporter. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a final 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 period of review. Failure to 

comply with this requirement could 

result in the Department’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Notification Regarding Administrative 

Protective Order 

This notice also serves as a final 

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(a)(3), 

which continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return or 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 

sanctionable violation. 

We are issuing and publishing these 

results and this notice in accordance 

with sections 751(a)(1) and 777(i) of the 

Act. 

Dated: October 4, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix I 

List of Topics Discussed in the Final Issues 

and Decision Memorandum 

I. Summary 

II. List of Issues 

III. Background 

IV. Scope of the Order 

V. Discussion of Interested Party Comments 

Comment 1: Bona Fides of Baoding 

Mantong’s U.S. Sale 

Comment 2: Moot Arguments Concerning 

Baoding Mantong’s Margin Calculations 

Comment 3: Assignment of the PRC-Wide 

Rate to Pharm-Rx Following Judicial 

Review of the Rate 

VI. Recommendation 

[FR Doc. 2017–22068 Filed 10–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–403–805] 

Silicon Metal From Norway: 

Preliminary Affirmative Determination 

of Sales at Less Than Fair Value, 

Preliminary Negative Determination of 

Critical Circumstances, Preliminary 

Determination of No Shipments, 

Postponement of Final Determination, 

and Extension of Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that silicon metal from 

Norway is being, or is likely to be, sold 

in the United States at less than fair 

value (LTFV). The period of 

investigation (POI) is January 1, 2016, 

through December 31, 2016. 

DATES: Applicable October 12, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Brittany Bauer, 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) 482–3860. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(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 July 26, 2017, the 

Department postponed the preliminary 

determination of this investigation, and 

the revised deadline is now October 4, 

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 

included 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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
47476 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov, and 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 the 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 

Norway. 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. After evaluating 

these comments, the Department 

preliminarily determines that modifying 

the scope language as it appeared in the 

Initiation Notice is not warranted. See 

the scope in Appendix I to this notice. 

However, the Department is inviting 

comment on one of the issues raised: 

The appropriate calculation 

methodology for determining the silicon 

content of out-of-scope products (i.e., 

silicon metal with a silicon content in 

excess of 99.99 percent), and, 

specifically, which impurities should be 

taken into account in that calculation. 

These comments are due no later than 

November 6, 2017. Rebuttal comments 

will be due no later than November 13, 

2017. For a summary of the product 

coverage comments submitted on the 

record of this proceeding, see the 

Preliminary Decision Memorandum. 

Methodology 

The Department is conducting this 

investigation in accordance with section 

731 of the Act. The Department has 

calculated export prices in accordance 

with section 772(a) of the Act. 

Constructed export prices have been 

calculated in accordance with section 

772(b) of the Act. Normal value is 

calculated in accordance with section 

773 of the Act. For a full description of 

the methodology underlying the 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Preliminary Determination of No Sales 

On April 5, 2017, Wacker Chemicals 

Norway A.S. (Wacker), one of the two 

respondents named in the Initiation 

Notice, timely filed a statement 

reporting that it had ‘‘no exports, sales, 

or entries’’ of subject merchandise to the 

United States during the POI. 

Subsequently, we received information 

from U.S. Customs and Border 

Protection (CBP) confirming Wacker’s 

claim that it had no entries of subject 

merchandise during the POI. Based on 

the foregoing, the Department 

preliminarily determines that Wacker 

had no sales of subject merchandise 

during the POI, and, therefore, we 

preliminarily determine not to further 

examine Wacker as part of this 

investigation. As such, any entries of 

subject merchandise exporterd by 

Wacker will be subject to the All-Others 

Rate. For additional information 

regarding this determination, see the 

Preliminary Decision Memorandum. 

Preliminary Negative Determination of 

Critical Circumstances 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206, the 

Department preliminarily finds that 

critical circumstances do not exist for 

Elkem, and for all other producers and 

exporters. For a full description of the 

methodology and results of the 

Department’s critical circumstances 

analysis, see the Preliminary Decision 

Memorandum. 

All-Others Rate 

Sections 733(d)(1)(ii) and 735(c)(5)(A) 

of the Act provide that in the 

preliminary determination the 

Department shall determine an 

estimated all-others rate for all exporters 

and producers not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated weighted-average dumping 

margins established for exporters and 

producers individually investigated, 

excluding any zero and de minimis 

margins, and any margins determined 

entirely under section 776 of the Act. 

The Department calculated an 

individual estimated weighted-average 

dumping margin for Elkem AS (Elkem), 

the only individually-examined 

exporter/producer in this investigation. 

Because the only individuallycalculated dumping margin is not zero, 

de minimis, or based entirely on facts 

otherwise available, the estimated 

weighted-average dumping margin 

calculated for Elkem is the margin 

assigned to all-other producers and 

exporters, pursuant to section 

735(c)(5)(A) of the Act. 

Preliminary Determination 

The Department preliminarily 

determines that the following estimated 

weighted-average dumping margins 

exist: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Elkem AS .............................. 3.74 

All-Others .............................. 3.74 

Suspension of Liquidation 

In accordance with section 733(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 

Appendix I, entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register. Further, pursuant 

to section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d), the Department will 

instruct CBP to require a cash deposit 

equal to the estimated weighted-average 

dumping margin, as follows: (1) The 

cash deposit rate for the respondent 

listed above will be equal to the 

company-specific estimated weightedaverage dumping margin determined in 

this preliminary determination; (2) if the 

exporter is not a respondent identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

company-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. These suspension of liquidation 

instructions will remain in effect until 

further notice. 

Disclosure 

The Department intends to disclose 

its calculations and analysis performed 

to interested parties in this preliminary 

determination within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication 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. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47477 

6See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

7See Letter from Elkem, ‘‘Request for 

Postponement of Final Determination,’’ dated 

September 20, 2017. 

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.6

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. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Section 735(a)(2) of the Act provides 

that a final determination may be 

postponed until not later than 135 days 

after the date of the publication of the 

preliminary determination if, in the 

event of an affirmative preliminary 

determination, a request for such 

postponement is made by exporters who 

account for a significant proportion of 

exports of the subject merchandise, or in 

the event of a negative preliminary 

determination, a request for such 

postponement is made by the petitioner. 

Section 351.210(e)(2) of the 

Department’s regulations requires that a 

request by exporters for postponement 

of the final determination be 

accompanied by a request for extension 

of provisional measures from a fourmonth period to a period not more than 

six months in duration. 

On September 20, 2017, pursuant to 

19 CFR 351.210(e), Elkem requested that 

the Department postpone the final 

determination and that provisional 

measures be extended to a period not to 

exceed six months.7 In accordance with 

section 735(a)(2)(A) of the Act and 19 

CFR 351.210(b)(2)(ii), because: (1) The 

preliminary determination is 

affirmative; (2) the requesting exporter 

accounts for a significant proportion of 

exports of the subject merchandise; and 

(3) no compelling reasons for denial 

exist, the Department is postponing the 

final determination and extending the 

provisional measures from a four-month 

period to a period not greater than six 

months. Accordingly, the Department 

will make its final determination no 

later than 135 days after the date of 

publication of this preliminary 

determination. 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, the Department will notify the 

International Trade Commission (ITC) of 

its preliminary 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 whether 

these imports are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: October 4, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations 

performing the non-exclusive functions and 

duties of the 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 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. Preliminary Determination of No Sales 

VI. Discussion of the Methodology 

A. Determination of the Comparison 

Method 

B. Results of the Differential Pricing 

Analysis 

VII. Date of Sale 

VIII. Product Comparisons 

IX. Export Price and Constructed Export 

Price 

X. Normal Value 

A. Home Market Viability 

B. Level of Trade 

C. Cost of Production Analysis 

1. Calculation of COP 

2. Test of Comparison Market Sales Prices 

3. Results of the COP Test 

D. Calculation of NV Based on Comparison 

Market Prices 

E. Calculation of NV Based on Constructed 

Value 

XI. Currency Conversion 

XII. Critical Circumstances 

XIII. Conclusion 

[FR Doc. 2017–22065 Filed 10–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–489–815] 

Light-Walled Rectangular Pipe and 

Tube: Final Results of Antidumping 

Duty Administrative Review and Final 

Determination of No Shipments; 2015– 

2016 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On June 6, 2017, the 

Department of Commerce (Department) 

published the preliminary results of the 

2015–2016 administrative review (AR) 

of the antidumping duty (AD) order on 

light-walled rectangular pipe and tube 

(LWRPT) from Turkey for the period 

May 1, 2015, through April 30, 2016 

(POR). Based on our analysis of the 

comments received, we made changes to 

the margin calculations for the final 

results of this AR. The final weightedaverage dumping margins are listed 

below in the ‘‘Final Results of Review’’ 

section of this notice. 

DATES: Applicable October 12, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Hill, AD/CVD Operations, 


asabaliauskas on DSKBBXCHB2PROD with NOTICES