Notice2023-09395
Silicon Metal From Kazakhstan: Rescission of Countervailing Duty Administrative Review; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on silicon metal from the Republic of Kazakhstan (Kazakhstan) for the period of review (POR) December 3, 2020, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 85 (Wednesday, May 3, 2023)</title>
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[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Page 27861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09395]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-834-811]
Silicon Metal From Kazakhstan: Rescission of Countervailing Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the countervailing duty (CVD) order on silicon
metal from the Republic of Kazakhstan (Kazakhstan) for the period of
review (POR) December 3, 2020, through December 31, 2021.
DATES: Applicable May 3, 2023.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, 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) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2022, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the CVD
order on silicon metal from Kazakhstan.\1\ On June 9, 2022, pursuant to
a request from interested parties, Commerce initiated an administrative
review with respect to JSC NMC Tau-Ken Samruk and Tau-Ken Temir LLP
(collectively, TKT),\2\ in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act), and 19 CFR 351.213(b).\3\ On June
22, 2022, we placed on the record U.S. Customs and Border Protection
(CBP) data for entries of silicon metal from Kazakhstan during the POR,
showing no reviewable POR entries.\4\ We sought comments regarding the
data and indicated our intent to rescind this review.\5\ TKT, the
Government of Kazakhstan (GOK), and the petitioners \6\ filed comments
and rebuttal comments.\7\ No parties argued that there are any
reviewable POR entries of subject merchandise. For a full discussion of
the comments raised by interested parties and our analysis, see the
Rescission Memorandum.\8\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 87 FR 35165 (April 1, 2022).
\2\ See Silicon Metal from the Republic of Kazakhstan:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping Duty
Determination, 85 FR 78122 (December 3, 2020), and accompanying
Preliminary Decision Memorandum at 6, unchanged in Silicon Metal
from the Republic of Kazakhstan: Final Affirmative Countervailing
Duty Determination, 86 FR 11725 (February 26, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
\4\ See Memorandum, ``CBP Data Release and Intent to Rescind,''
dated June 22, 2022.
\5\ Id.
\6\ The petitioners in this proceeding are Globe Specialty
Metals, Inc. and Mississippi Silicon LLC.
\7\ See TKT's Letters, ``Tau-Ken Temir LLP (TKT) Comments on
Intent to Rescind,'' dated July 13, 2022; ``Silicon Metal from
Kazakhstan,'' and ``Tau-Ken Temir LLP (TKT) Comments on Intent to
Rescind,'' dated July 18, 2022; and ``Silicon Metal from
Kazakhstan--This CVD Administrative Review Should Continue,'' dated
August 1, 2022; see also the GOK's Letter, ``Rebuttal Comments,''
dated July 20, 2022; and Petitioners' Letters, ``Petitioners'
Rebuttal Comments Supporting Commerce's Intent to Rescind the
Administrative Review,'' dated July 20, 2022; and ``Petitioners'
Request to Reject TKT's August 1 Submission,'' dated August 3, 2022.
\8\ See Memorandum, ``First Administrative Review of the
Countervailing Duty Order on Silicon Metal from the Republic of
Kazakhstan: Rescission of the Review,'' dated concurrently with this
notice (Rescission Memorandum).
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Rescission of Review
It is Commerce's practice to rescind an administrative review of a
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\9\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the CVD
assessment rate calculated for the review period.\10\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct CBP to liquidate at the CVD
assessment rate calculated for the review period.\11\ Accordingly, in
the absence of suspended entries of subject merchandise during the POR
for TKT, we are hereby rescinding this administrative review in
accordance with 19 CFR 351.213(d)(3).
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\9\ See Lightweight Thermal Paper from the People's Republic of
China: Notice of Rescission of Countervailing Duty Administrative
Review; 2015, 82 FR 14349 (March 20, 2017); see also Aluminum Wire
and Cable from the People's Republic of China: Rescission of
Countervailing Duty Administrative Review; 2019, 86 FR 36522 (July
12, 2021).
\10\ See 19 CFR 351.212(b)(2).
\11\ See 19 CFR 351.213(d)(3).
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Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 sanctionable
violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: April 27, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-09395 Filed 5-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 3, 2023.
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