Silicomanganese From Brazil: Final Results of Antidumping Duty Administrative Review, 19418-19419 [E5-1741]
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19418
Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Notices
the antidumping duty order on certain
hot–rolled carbon steel flat products
from Romania. See Certain Hot–Rolled
Carbon Steel Flat Products from
Romania: Preliminary Results of
Antidumping Duty Administrative
Review, 69 FR 70644 (December 7,
2004). Pursuant to section 751(a)(3)(A)
of the Tariff Act of 1930, as amended
(the Act), the final results are currently
due on April 6, 2005.
Extension of Time Limit for Final
Results
Section 751(a)(3)(A) of the Act
provides that the Department may
extend the deadline for completion of
the final results of an administrative
review if it determines that it is not
practicable to complete the final results
within the statutory time limit of 120
days from the date on which the
preliminary results were published. The
Department has determined that due to
the complexity of the issues arising from
Romania’s graduation to market
economy status during the review
period, it is not practicable to complete
this review within the time limits
mandated by section 751(a)(3)(A) of the
Act and section 19 CFR 351.213(h)(1) of
the Department’s regulations. Therefore,
the Department is extending the time
limit for the completion of these final
results by 30 days. Accordingly, the
final results of this review will now be
due no later than May 6, 2005.
This notice is published in
accordance with section 751(a)(3)(A) of
the Act and section 19 CFR
351.213(h)(2) of the Department’s
regulations.
Dated: April 5, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–1709 Filed 4–12–02; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–824]
Silicomanganese From Brazil: Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2004, the
Department of Commerce published the
preliminary results of the administrative
review of the antidumping duty order
on silicomanganese from Brazil. The
review covers exports of this
AGENCY:
VerDate jul<14>2003
18:37 Apr 12, 2005
Jkt 205001
merchandise to the United States by the
collapsed parties, Rio Doce Manganes
S.A. (RDM), Companhia Paulista de
Ferro-Ligas (CPFL), and Urucum
Minerac o S.A. (Urucum) (collectively,
¸
RDM/CPFL), for the period December 1,
2002, through November 30, 2003. We
gave interested parties an opportunity to
comment on the preliminary results.
Based on our analysis of the comments
received, we did not revise our
calculations for these final results. The
final weighted-average margin is listed
below in the ‘‘Final Results of Review’’
section of this notice.
EFFECTIVE DATE: April 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov at (202) 482–0665 or
Minoo Hatten at (202) 482–1690, AD/
CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2004, we published
the preliminary results of review (see
Silicomanganese from Brazil:
Preliminary Results of Antidumping
Duty Administrative Review, 69 FR
71011, (December 8, 2004) (Preliminary
Results)), and invited parties to
comment. On January 24, 2004, RDM/
CPFL filed case briefs. Eramet Marietta
(the petitioner) did not file case or
rebuttal briefs.
The Department of Commerce (the
Department) has conducted this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of Order
The merchandise covered by this
order is silicomanganese.
Silicomanganese, which is sometimes
called ferrosilicon manganese, is a
ferroalloy composed principally of
manganese, silicon and iron, and
normally contains much smaller
proportions of minor elements, such as
carbon, phosphorous and sulfur.
Silicomanganese generally contains by
weight not less than 4 percent iron,
more than 30 percent manganese, more
than 8 percent silicon, and not more
than 3 percent phosphorous. All
compositions, forms, and sizes of
silicomanganese are included within the
scope of this review, including
silicomanganese slag, fines, and
briquettes. Silicomanganese is used
primarily in steel production as a source
of both silicon and manganese.
Silicomanganese is currently
classifiable under subheading
7202.30.0000 of the Harmonized Tariff
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Schedule of the United States (HTSUS).
Some silicomanganese may also
currently be classifiable under HTSUS
subheading 7202.99.5040. This scope
covers all silicomanganese, regardless of
its tariff classification.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope remains dispositive.
Analysis of Comments Received
All issues raised in RDM/CPFL’s case
brief in the context of this
administrative review are addressed in
the ‘‘Issues and Decision Memorandum’’
from Barbara E. Tillman, Acting Deputy
Assistant Secretary for Import
Administration, to Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration, dated April 7, 2005
(Decision Memorandum), which is
hereby adopted by this notice. Attached
to this notice as an appendix is a list of
the issues that RDM/CPFL has raised
and to which we have responded in the
Decision Memorandum. Parties can find
a complete discussion of all issues
raised in this review and the
corresponding recommendations in this
public memorandum, which is on file in
the Central Records Unit, Room B–099
of the main Department of Commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Internet
at https://ia.ita.doc.gov/frn. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Sales Below Cost in the Home Market
As discussed in detail in the
preliminary results, the Department
disregarded certain home-market belowcost sales that failed the cost test. See
Preliminary Results, 69 FR 71014. The
Department also disregarded below-cost
home-market sales for these final
results.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we did not make
changes in the margin calculation for
the final results. See also ‘‘Final Results
Analysis Memorandum of RDM/CPFL’’
from Dmitry Vladimirov to the File,
dated April 7, 2005.
Final Results of Review
As a result of our review, we
determined that a margin of 0.00
percent exists for RDM/CPFL for the
period December 1, 2002, through
November 30, 2003.
E:\FR\FM\13APN1.SGM
13APN1
Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Notices
Duty Assessment and Cash-Deposit
Requirements
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries. In accordance
with 19 CFR 351.212(b)(1), we have
calculated an importer-specific
assessment rate. The Department will
issue appropriate assessment
instructions directly to CBP within 15
days of publication of these final results
of review. The following deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of silicomanganese from Brazil entered,
or withdrawn from warehouse, for
consumption on or after the publication
date of the final results, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash-deposit rate for RDM/CPFL is 0.00
percent; (2) for merchandise exported by
producers or exporters that were
previously reviewed or investigated, the
cash deposit will continue to be the
most recent rate published in the final
determination or final results for which
the producer or exporter received an
individual rate; (3) if the exporter is not
a firm covered in this review, a prior
review, or the original less-than-fairvalue (LTFV) investigation but the
manufacturer is, the cash-deposit rate
will be the rate established for the most
recent period for the manufacturer of
the subject merchandise; and (4) if
neither the exporter nor the
manufacturer is a firm covered in this or
any previous review, the cash-deposit
rate shall be 17.60 percent, the all-others
rate established in the LTFV
investigation. See Notice of Final
Determination of Sales at Less Than
Fair Value: Silicomanganese from
Brazil, 59 FR 55432, (November 7,
1994). These deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
Notification of Interested Parties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the 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.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
VerDate jul<14>2003
18:37 Apr 12, 2005
Jkt 205001
responsibility concerning the
disposition of proprietary information
disclosed under APO as explained in
the administrative protective order
itself. Timely written notification of the
return/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.
These final results of administrative
review and notice are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: April 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
Appendix—Issues in the Decision
Memorandum
Comment 1. Affiliation with Certain HomeMarket Customers
Comment 2. Purchases of Raw Materials
From Affiliates’ Subsidiaries
Comment 3. Presumed Tax Credit
Comment 4. Comparable Merchandise
Comment 5. Inventory Carrying Cost
[FR Doc. E5–1741 Filed 4–12–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–830]
Stainless Steel Bar From Germany:
Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 7, 2004, the
Department of Commerce published the
preliminary results of the administrative
review of the antidumping duty order
on stainless steel bar from Germany.
The period of review is March 1, 2003,
through February 29, 2004. Based on
our analysis of the comments received
and an examination of our calculations,
we have made certain changes for the
final results. Consequently, the final
results differ from the preliminary
results. The final weighted-average
dumping margin is listed below in the
section entitled ‘‘Final Results of the
Review.’’
AGENCY:
DATES:
Effective Date: April 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Andrew Smith, AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
19419
Washington, DC 20230; telephone: (202)
482–1276.
SUPPLEMENTARY INFORMATION:
Background
Since the December 7, 2004,
publication of the preliminary results in
this review (see Stainless Steel Bar from
Germany: Preliminary Results of
Antidumping Duty Administrative
Review, 69 FR 70651 (December 7, 2004)
(‘‘Preliminary Results’’)), the following
events have occurred:
We invited parties to comment on the
Preliminary Results of the review. On
January 6, 2005, the respondent BGH
Edelstahl Freital GmbH, BGH Edelstahl
Lippendorf GmbH, BGH Edelstahl
Lugau GmbH, and BGH Edelstahl Siegen
GmbH (collectively, ‘‘BGH’’) filed a case
brief. The petitioners in this review
(Carpenter Technology Corp., Crucible
Specialty Metals Division of Crucible
Materials Corp., Electralloy Corp., Slater
Steels Corp., Empire Specialty Steel and
the United Steelworkers of America
(AFL-CIO/CLC)) did not file a case brief
or a rebuttal brief in this case. On
January 6, 2005, BGH requested a
hearing by letter. On January 13, 2005,
BGH withdrew its January 6, 2005,
request for a hearing. Since BGH was
the only party to request a hearing, no
public hearing was held.
Scope of the Order
For the purposes of the order, the
term ‘‘stainless steel bar’’ includes
articles of stainless steel in straight
lengths that have been either hot-rolled,
forged, turned, cold-drawn, cold-rolled
or otherwise cold-finished, or ground,
having a uniform solid cross section
along their whole length in the shape of
circles, segments of circles, ovals,
rectangles (including squares), triangles,
hexagons, octagons, or other convex
polygons. Stainless steel bar includes
cold-finished stainless steel bars that are
turned or ground in straight lengths,
whether produced from hot-rolled bar or
from straightened and cut rod or wire,
and reinforcing bars that have
indentations, ribs, grooves, or other
deformations produced during the
rolling process.
Except as specified above, the term
does not include stainless steel semifinished products, cut length flat-rolled
products (i.e., cut length rolled products
which if less than 4.75 mm in thickness
have a width measuring at least 10 times
the thickness, or if 4.75 mm or more in
thickness having a width which exceeds
150 mm and measures at least twice the
thickness), products that have been cut
from stainless steel sheet, strip or plate,
wire (i.e., cold-formed products in coils,
of any uniform solid cross section along
E:\FR\FM\13APN1.SGM
13APN1
]]>Agencies
[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Notices]
[Pages 19418-19419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1741]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-824]
Silicomanganese From Brazil: Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2004, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on silicomanganese from Brazil. The review covers exports of
this merchandise to the United States by the collapsed parties, Rio
Doce Manganes S.A. (RDM), Companhia Paulista de Ferro-Ligas (CPFL), and
Urucum Minera[ccedil] o S.A. (Urucum) (collectively, RDM/CPFL), for the
period December 1, 2002, through November 30, 2003. We gave interested
parties an opportunity to comment on the preliminary results. Based on
our analysis of the comments received, we did not revise our
calculations for these final results. The final weighted-average margin
is listed below in the ``Final Results of Review'' section of this
notice.
EFFECTIVE DATE: April 13, 2005.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov at (202) 482-0665 or
Minoo Hatten at (202) 482-1690, AD/CVD Operations, Office 5, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2004, we published the preliminary results of review
(see Silicomanganese from Brazil: Preliminary Results of Antidumping
Duty Administrative Review, 69 FR 71011, (December 8, 2004)
(Preliminary Results)), and invited parties to comment. On January 24,
2004, RDM/CPFL filed case briefs. Eramet Marietta (the petitioner) did
not file case or rebuttal briefs.
The Department of Commerce (the Department) has conducted this
review in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of Order
The merchandise covered by this order is silicomanganese.
Silicomanganese, which is sometimes called ferrosilicon manganese, is a
ferroalloy composed principally of manganese, silicon and iron, and
normally contains much smaller proportions of minor elements, such as
carbon, phosphorous and sulfur. Silicomanganese generally contains by
weight not less than 4 percent iron, more than 30 percent manganese,
more than 8 percent silicon, and not more than 3 percent phosphorous.
All compositions, forms, and sizes of silicomanganese are included
within the scope of this review, including silicomanganese slag, fines,
and briquettes. Silicomanganese is used primarily in steel production
as a source of both silicon and manganese.
Silicomanganese is currently classifiable under subheading
7202.30.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Some silicomanganese may also currently be classifiable under
HTSUS subheading 7202.99.5040. This scope covers all silicomanganese,
regardless of its tariff classification.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope remains
dispositive.
Analysis of Comments Received
All issues raised in RDM/CPFL's case brief in the context of this
administrative review are addressed in the ``Issues and Decision
Memorandum'' from Barbara E. Tillman, Acting Deputy Assistant Secretary
for Import Administration, to Joseph A. Spetrini, Acting Assistant
Secretary for Import Administration, dated April 7, 2005 (Decision
Memorandum), which is hereby adopted by this notice. Attached to this
notice as an appendix is a list of the issues that RDM/CPFL has raised
and to which we have responded in the Decision Memorandum. Parties can
find a complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit, Room B-099 of the main Department of
Commerce building. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Internet at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Sales Below Cost in the Home Market
As discussed in detail in the preliminary results, the Department
disregarded certain home-market below-cost sales that failed the cost
test. See Preliminary Results, 69 FR 71014. The Department also
disregarded below-cost home-market sales for these final results.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we did not make
changes in the margin calculation for the final results. See also
``Final Results Analysis Memorandum of RDM/CPFL'' from Dmitry
Vladimirov to the File, dated April 7, 2005.
Final Results of Review
As a result of our review, we determined that a margin of 0.00
percent exists for RDM/CPFL for the period December 1, 2002, through
November 30, 2003.
[[Page 19419]]
Duty Assessment and Cash-Deposit Requirements
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated an
importer-specific assessment rate. The Department will issue
appropriate assessment instructions directly to CBP within 15 days of
publication of these final results of review. The following deposit
requirements will be effective upon publication of the final results of
this administrative review for all shipments of silicomanganese from
Brazil entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results, as provided by section
751(a)(2)(C) of the Act: (1) The cash-deposit rate for RDM/CPFL is 0.00
percent; (2) for merchandise exported by producers or exporters that
were previously reviewed or investigated, the cash deposit will
continue to be the most recent rate published in the final
determination or final results for which the producer or exporter
received an individual rate; (3) if the exporter is not a firm covered
in this review, a prior review, or the original less-than-fair-value
(LTFV) investigation but the manufacturer is, the cash-deposit rate
will be the rate established for the most recent period for the
manufacturer of the subject merchandise; and (4) if neither the
exporter nor the manufacturer is a firm covered in this or any previous
review, the cash-deposit rate shall be 17.60 percent, the all-others
rate established in the LTFV investigation. See Notice of Final
Determination of Sales at Less Than Fair Value: Silicomanganese from
Brazil, 59 FR 55432, (November 7, 1994). These deposit requirements
shall remain in effect until publication of the final results of the
next administrative review.
Notification of Interested Parties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the 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.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO as explained in the administrative protective order itself. Timely
written notification of the return/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.
These final results of administrative review and notice are issued
and published in accordance with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: April 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix--Issues in the Decision Memorandum
Comment 1. Affiliation with Certain Home-Market Customers
Comment 2. Purchases of Raw Materials From Affiliates' Subsidiaries
Comment 3. Presumed Tax Credit
Comment 4. Comparable Merchandise
Comment 5. Inventory Carrying Cost
[FR Doc. E5-1741 Filed 4-12-05; 8:45 am]
BILLING CODE 3510-DS-P
