Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47471 

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 

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. 

withdrawn from warehouse, for 

consumption on or after the publication 

date as provided by section 751(a)(2)(C) 

of the Act: (1) For subject merchandise 

exported by the companies listed above, 

the cash deposit rate will be the rate 

established in the final results of the 

administrative review for each exporter 

as listed above, except if the rate is zero 

or de minimis, then no cash deposit will 

be required for that exporter; (2) for 

previously investigated companies not 

listed above that have separate rates, the 

cash deposit rate will continue to be the 

company-specific rate published for the 

investigation; (3) for all other PRC 

exporters of subject merchandise which 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the PRC-wide rate of 223.01 percent; 

and (4) 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 entity that supplied that non-PRC 

exporter. 

These deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Disclosure 

We intend to disclose the calculations 

performed to parties in this proceeding 

within five days after public 

announcement of the final results in 

accordance with 19 CFR 351.224(b). 

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 review period. Failure to 

comply with this requirement could 

result in the Secretary’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Notification Regarding Administrative 

Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). 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 violation subject to sanction. 

We are issuing and publishing these 

final results of administrative and new 

shipper reviews in accordance with 

sections 751(a)(1), 751(a)(2)(B)(iii), 

751(a)(3), 777(i) of the Act and 19 CFR 

351.213(h) and 351.214. 

Dated: October 5, 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 

List of Topics Discussed in the Issues and 

Decision Memorandum: 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Surrogate Country 

V. Separate Rates 

VI. Discussion of the Issues 

Comment 1: Calculation of Surrogate Value 

for Non-Refrigerated Inland Freight 

Expenses 

Comment 2: Selection of Financial 

Information to Value Factory Overhead, 

Selling, General & Administrative 

Expenses, and Profit 

VII. Recommendation 

[FR Doc. 2017–22071 Filed 10–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–602–810] 

Silicon Metal From Australia: 

Preliminary Affirmative Determination 

of Sales at Less Than Fair Value, 

Preliminary Affirmative Determination 

of Critical Circumstances, 

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 

Australia 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: 

Brian Smith or Denisa Ursu, 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) 482–1766 or (202) 482–2285, 

respectively. 

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 August 1, 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 

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 

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. After evaluating 

these comments, the Department 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
47472 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 

6See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

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 constructed export prices in 

accordance with section 772(b) of the 

Act. Normal value (NV) 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 Affirmative 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 exist for Simcoa. 

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 Simcoa Operations 

Pty Ltd. (Simcoa), the only individually 

examined exporter/producer in this 

investigation. Because the only 

individually calculated dumping margin 

is not zero, de minimis, or based 

entirely on facts otherwise available, the 

estimated weighted-average dumping 

margin calculated for Simcoa 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) 

Simcoa Operations Pty Ltd .. 20.79 

All-Others .............................. 20.79 

Suspension of Liquidation 

In accordance with section 773(d)(2) 

of the Act, the Department will direct 

U.S. Customs and Border Protection 

(CBP) to suspend liquidation 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, as discussed below. 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 or 

the estimated all-others rate, as follows: 

(1) The cash deposit rate for the 

respondent listed above will be equal to 

the company-specific estimated 

weighted-average 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 weighted-average 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 allothers estimated weighted-average 

dumping margin. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

Section 733(e)(2) of the Act provides 

that, given an affirmative determination 

of critical circumstances, any 

suspension of liquidation shall apply to 

unliquidated entries of subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the later of (a) the date which is 90 

days before the date on which the 

suspension of liquidation was first 

ordered, or (b) the date on which notice 

of initiation of the investigation was 

published. The Department 

preliminarily finds that critical 

circumstances exist for imports of 

subject merchandise produced or 

exported by Simcoa and all others. In 

accordance with section 733(e)(2)(A) of 

the Act, the suspension of liquidation 

shall apply to unliquidated entries of 

shipments of subject merchandise from 

the producer(s) or exporter(s) identified 

in this paragraph that were entered, or 

withdrawn from warehouse, for 

consumption on or after the date which 

is 90 days before the publication of this 

notice. 

The Department normally adjusts 

cash deposits for estimated antidumping 

duties by the amount of export subsidies 

countervailed in a companion 

countervailing duty (CVD) proceeding, 

when CVD provisional measures are in 

effect. In the concurrent CVD silicon 

metal investigation, however, the 

Department preliminarily did not make 

an affirmative determination for 

countervailable export subsidies. 

Therefore, the Department has not offset 

the estimated weighted-average 

dumping margins by countervailable 

export subsidies. 

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. 

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. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47473 

7See Letter from Simcoa, ‘‘Silicon Metal from 

Australia: Request for Postponement of Final 

Determination,’’ dated September 13, 2017. 

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 13, 2017, pursuant to 

19 CFR 351.210(e), Simcoa 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. Discussion of the Methodology 

A. Determination of the Comparison 

Method 

B. Results of the Differential Pricing 

Analysis 

VI. Date of Sale 

VII. Product Comparisons 

VIII. Constructed Export Price 

IX. 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 

X. Currency Conversion 

XI. Critical Circumstances 

XII. Conclusion 

[FR Doc. 2017–22067 Filed 10–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[Application No. 03–3A008] 

Export Trade Certificate of Review 

ACTION: Notice of Issuance of an 

amended Export Trade Certificate of 

Review to California Pistachio Export 

Council (‘‘CPEC’’), Application No. 03– 

3A008. 

SUMMARY: The U.S. Department of 

Commerce issued an amended Export 

Trade Certificate of Review to CPEC on 

October 5, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Joseph E. Flynn, Director, Office of 

Trade and Economic Analysis 

(‘‘OTEA’’), International Trade 

Administration, by telephone at (202) 

482–5131 (this is not a toll-free number) 

or email at etca@trade.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Export Trading Company Act of 

1982 (15 U.S.C. Sections 4001–21) 

authorizes the Secretary of Commerce to 

issue Export Trade Certificates of 

Review. The regulations implementing 

Title III are found at 15 CFR part 325 

(2016). OTEA is issuing this notice 

pursuant to 15 CFR 325.6(b), which 

requires the Secretary of Commerce to 

publish a summary of the certification 

in the Federal Register. Under Section 

305(a) of the Act and 15 CFR 325.11(a), 

any person aggrieved by the Secretary’s 

determination may, within 30 days of 

the date of this notice, bring an action 

in any appropriate district court of the 

United States to set aside the 

determination on the ground that the 

determination is erroneous. 

Description of Amended Certificate 

CPEC’s Export Trade Certificate of 

Review has been amended to: 

• Remove Horizon Marketing Agency in 

Common Cooperative Inc. as a 

Member 

• Add the following new Members: 

Æ Arizona Nut Company, LLC 

(controlling entity A&P Ranch, L.P.) 

Æ Horizon Growers Cooperative, Inc. 


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