[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69361-69362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27264]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal From the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Yunnan
Fuyang Trade Co., Ltd. (Fuyang) did not make a bona fide sale during
the period of review (POR) June 1, 2017 through May 31, 2018.
Therefore, we are rescinding this administrative review.
DATES: Applicable December 18, 2019.
FOR FURTHER INFORMATION CONTACT: Eli Lovely, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1593.
SUPPLEMENTARY INFORMATION:
Background
On August 14, 2019, Commerce published the Preliminary Results of
this review in the Federal Register \1\ and invited parties to comment
on the Preliminary Results. On September 13, 2019, we received case
briefs from Yunnan Fuyang Trade Co., Ltd. (Fuyang) and the petitioner
(i.e., Globe Specialty Metals, Inc.). On September 23, 2019, we
received rebuttal briefs from Fuyang and the petitioner.
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\1\ See Silicon Metal From the People's Republic of China:
Preliminary Rescission of the Antidumping Duty Administrative
Review; 2017-2018, 84 FR 40395 (August 14, 2019) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
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Scope of the Order
The product covered by the order is silicon metal containing at
least 96.00 but less than 99.99 percent of silicon by weight, and
silicon metal with a higher aluminum content containing between 89 and
96 percent silicon by weight. For the full text of the scope of the
order, see the Issues and Decision Memorandum.\2\
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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Silicon Metal from the People's Republic of China; 2017-
2018,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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[[Page 69362]]
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs submitted in this
review are addressed in the Issues and Decision Memorandum. A list of
the issues raised is attached as an appendix to this notice. The Issues
and 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
to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Bona Fides Analysis
We preliminarily found that Fuyang's sale of subject merchandise to
the United States during the POR is not a bona fide sale.\3\ After
analyzing parties' comments, we continue to find that Fuyang's sale is
not a bona fide sale. We reached this conclusion based on multiple
issues, including: (a) The atypical nature of both the price and
quantity of the sale; (b) factors calling into question whether the
sale was made at arm's-length; and (c) other relevant factors.
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\3\ See Memorandum, ``2017-2018 Antidumping Duty Administrative
Review of Silicon Metal from the People's Republic of China:
Preliminary Bona Fide Sales Analysis for Yunnan Fuyang Trade Co.,
Ltd.,'' dated August 6, 2019.
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Because we have determined that Fuyang had no bona fide sales
during the POR, we are rescinding this administrative review.
Assessment
Because Commerce is rescinding this administrative review, we have
not calculated a company-specific dumping margin for Fuyang. Fuyang
remains part of the China-wide entity and entries of its subject
merchandise during the POR will be assessed antidumping duties at the
China-wide entity rate. The China-wide entity rate is 139.49 percent.
Cash Deposit Requirements
As noted above, Commerce is rescinding this administrative review.
Thus, we have not calculated a company-specific dumping margin for
Fuyang. Therefore, entries of Fuyang's subject merchandise continue to
be subject to the China-wide entity cash deposit rate of 139.49
percent. This cash deposit requirement shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a 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, which continues
to govern business proprietary information in these segments 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.
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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended,
and 19 CFR 351.213(h) and 351.221(b)(5).
Dated: December 11, 2019.
Jeffrey I. Kessler,
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. Discussion of the Issues
Comment: Whether Fuyang's Sole U.S. Sale During the Period of
Review is Bona Fide
i. Whether Sale Price Weighs in Favor of Finding Fuyang's Sale
Was Not Bona Fide
ii. Whether Sale Quantity Weighs in Favor of Finding Fuyang's
Sale Was Not Bona Fide
iii. Whether Sale Timing Weighs in Favor of Finding Fuyang's
Sale Was Not Bona Fide
iv. Whether the Goods were Resold at a Profit
v. Whether the Sale was Made on an Arm's-Length Basis
vi. Other Relevant Factors
V. Recommendation
[FR Doc. 2019-27264 Filed 12-17-19; 8:45 am]
BILLING CODE 3510-DS-P