Automatic liquidation instructions for silicon metal from Kazakhstan for the period 12/03/2020 through 12/31/2021 (CBP Case Number C-463-811, Commerce Case Number C-834-811)

1. Commerce does not automatically conduct administrative reviews of countervailing duty orders. Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213. 2. Commerce has not received a request for an administrative review of the countervailing duty order for the period and on the merchandise identified below except for the firms listed in paragraph 4. Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms except those listed in paragraph 4 and assess countervailing duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry: Product: Silicon Metal Country: Kazakhstan Case number: C-463-811 Period: 12/03/2020 through 12/31/2021 3. Entries for the period 04/02/2021 (first day provisional measures are no longer in effect) through 04/15/2021, should be liquidated without regard to duties. 4. Entries of merchandise of the firms listed below should not be liquidated until specific instructions are issued. Continue to suspend liquidation of all entries of merchandise produced and/or exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 12/03/2020 through 12/31/2021: Company: JSC NMC Tau-Ken Samruk and Tau-Ken Temir LLP, and their cross-owned companies: Silicon Metal LLP, Metallurgical Combine KazSilicon LLP, National Welfare Fund "Samruk-Kazyna" JSC, "Ekibastuz GRES-2 station" JSC, and JSC KEGOC Case number: C-463-811-001 Note: Although JSC NMC Tau-Ken Samruk and Tau-Ken Temir LLP were the only companies listed in the initiation notice (87 FR 35165, 06/09/2022), the additional companies listed above were found to be cross-owned in a prior segment (see 86 FR 20365, 04/19/2021, at footnote 5); therefore, CBP should not liquidate entries by these companies. Commerce intends to issue a correction in a future Federal Register notice that will include these cross-owned companies in the initiation notice. CBP officers must also examine entries under C-463-811-000 and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the producers and/or exporters listed above. 5. There are no injunctions applicable to the entries covered by this instruction. 6. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the 04/2022 anniversary month (87 FR 35165, 06/09/2022). Unless instructed otherwise, for all other shipments of silicon metal from Kazakhstan you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 7. The assessment of countervailing duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated countervailing duties. The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order. Interest shall be calculated from the date payment of estimated countervailing duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 8. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 9. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OV:GC.) 10. There are no restrictions on the release of this information. Alexander Amdur