Silicon Metal From Bosnia and Herzegovina and Iceland: Antidumping Duty Orders
| Published date | 19 April 2021 |
| Citation | 86 FR 20364 |
| Record Number | 2021-08112 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 86 Issue 73 (Monday, April 19, 2021)
[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Pages 20364-20365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08112]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-893-001; A-400-001]
Silicon Metal From Bosnia and Herzegovina and Iceland:
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty orders on silicon metal from
Bosnia and Herzegovina (Bosnia) and Iceland.
DATES: Applicable April 19, 2021.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer (Bosnia) and Emily
Halle (Iceland), AD/CVD Operations, Office V, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-3860 and (202) 482-0176, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on February 26,
2021, Commerce published its affirmative final determinations in the
less-than-fair-value (LTFV) investigations of silicon metal from Bosnia
and Iceland.\1\ On April 12, 2021, the ITC notified Commerce of its
final affirmative determinations that an industry in the United States
is materially injured within the meaning of section 735(b)(1)(A)(i) of
the Act by reason of LTFV imports of silicon metal from Bosnia and
Iceland.\2\
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\1\ See Silicon Metal from Bosnia and Herzegovina and Iceland:
Final Affirmative Determinations of Sales at Less Than Fair Value
and Final Affirmative Determination of Critical Circumstances for
Iceland, 86 FR 11720 (February 26, 2021).
\2\ See ITC's Letter, ITC Notification, dated April 12, 2021
(ITC Letter).
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Scope of the Orders
The products covered by these orders are silicon metal. For a
complete description of the scope of the orders, see the appendix to
this notice.
Antidumping Duty Orders
On April 12, 2021, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final
determinations that an industry in the United States is materially
injured by reason of imports of silicon metal from Bosnia and Iceland.
Therefore, in accordance with sections 735(c)(2) and 736 of the Act,
Commerce is issuing these antidumping duty orders. Because the ITC
determined that imports of silicon metal from Bosnia and Iceland are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Bosnia and Iceland, which are entered or withdrawn
from warehouse for consumption, are subject to the assessment of
antidumping duties.
Therefore, in accordance with section 736(b)(1) of the Act,
Commerce will instruct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of silicon metal from Bosnia and Iceland. Antidumping
duties will be assessed on unliquidated entries of silicon metal from
Bosnia and Iceland which are entered, or withdrawn from warehouse, for
consumption on or after December 11, 2020, the date of publication of
the Preliminary Determinations.\3\
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\3\ See Silicon Metal from Bosnia and Herzegovina and Iceland:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, 85 FR 80009 (December 11, 2020) (Preliminary Determinations).
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Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to continue to suspend liquidation on all relevant entries of
silicon metal from Bosnia and Iceland as described in the appendix to
this notice which are entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determinations in the Federal Register. These instructions
suspending liquidation will remain in effect until further notice.
We will also instruct CBP to require cash deposits for estimated
antidumping duties equal to the rates listed below. Accordingly,
effective on the date of publication in the Federal Register of the
ITC's final affirmative injury determinations, CBP will require, at the
same time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the cash deposit rates
listed below.\4\ The relevant all-others rate applies to all producers
or exporters not specifically listed, as appropriate.
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\4\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins
The dumping margins for each antidumping duty order are as follows:
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Dumping
Exporter or producer margin
(percent)
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Bosnia and Herzegovina
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R-S Silicon D.O.O........................................... 21.41
All Others.................................................. 21.41
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Iceland
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PCC Bakki Silicon hf........................................ 47.54
All Others.................................................. 37.83
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of silicon metal from Iceland, we will
instruct CBP to lift suspension and to refund any cash deposits made
[[Page 20365]]
to secure the payment of estimated antidumping duties with respect to
entries of the subject merchandise entered or withdrawn from warehouse,
for consumption on or after September 12, 2020 (i.e., 90 days prior to
the date of the publication of the Preliminary Determinations), but
before December 11, 2020 (i.e., the date of publication of the
Preliminary Determinations).
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce extended the four-month period to no more than six-months.
Commerce published the Preliminary Determinations on December 11, 2020.
Commerce's Final Determinations were not extended and were published on
February 26, 2021. Therefore, the four-month period beginning on the
date of publication of the Preliminary Determinations ended on April 9,
2021. Furthermore, section 737(b) of the Act states that definitive
duties are to begin on the date of publication of the ITC's final
injury determination.
Therefore, in accordance with section 733(d) of the Act, we will
instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of silicon metal from Bosnia and Iceland entered, or withdrawn from
warehouse, for consumption after April 9, 2021, the date on which the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determinations in the Federal Register.
Notifications to Interested Parties
This notice constitutes the antidumping duty orders with respect to
silicon metal from Bosnia and Iceland pursuant to section 736(a) of the
Act. Interested parties can find a list of antidumping duty orders
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: April 14, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The scope of these orders 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 these orders.
Silicon metal is currently classifiable under subheadings
2804.69.1000 and 2804.69.5000 of the HTSUS. While the HTSUS numbers
are provided for convenience and customs purposes, the written
description of the scope remains dispositive.
[FR Doc. 2021-08112 Filed 4-16-21; 8:45 am]
BILLING CODE 3510-DS-P
