Silicon Metal from Brazil: Notice of Court Decision and Suspension of Liquidation, 55109-55110 [05-18713]

Download as PDF Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices Issues raised in the hearing will be limited to those raised in case briefs and rebuttal briefs. Case briefs from interested parties may be submitted not later than 30 days after publication of this notice. Rebuttal briefs, limited to the issues raised in the case briefs, may be filed not later than five days after the submission of case briefs. Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument. Parties are encouraged to provide a summary of the arguments not exceeding five pages and a table of statutes, regulations, and cases cited. The Department will publish the final results of this changed circumstances review, including the results of its analysis of issues raised in any written comments, not later than November 7, 2005. We are issuing and publishing this determination and notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216. Dated: September 14, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. 05–18715 Filed 9–19–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–863] Honey from the People’s Republic of China: Extension of Time Limit for Preliminary Results of 2003/2004 New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 20, 2005. FOR FURTHER INFORMATION CONTACT: Anya Naschak at (202) 482–6375; AD/ CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 10, 2001, the Department published in the Federal Register an antidumping duty order covering honey from the PRC. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order; Honey from the People’s Republic of China, 66 FR 63670 (December 10, 2001). On VerDate Aug<31>2005 14:53 Sep 19, 2005 Jkt 205001 December 22, 2004, the Department received a timely request from Kunshan Xin’an Trade Co., Ltd. (‘‘Xinan’’) in accordance with 19 CFR 351.214 (c), for a new shipper review of the antidumping duty order on honey from the PRC, which has a December annual anniversary month. On January 31, 2005, the Department initiated a review for Xinan. See Honey from the People’s Republic of China: Initiation of New Shipper Antidumping Duty Review, 70 FR 6412 (February 7, 2005) (‘‘NSR Xinan Initiation’’) On July 14, 2005, the Department extended the time limit for issuance of the preliminary results of this review by 45 days. See Honey from the People’s Republic of China: Extension of Time Limit for Preliminary Results of 2003/ 2004 New Shipper Review, 70 FR 42033 (July 21, 2005). On August 10, 2005, the Department issued a memorandum that stated the Department’s intent to rescind this new shipper review because of the non–bona fide nature of Xinan’s sales transaction. See Memorandum From James C. Doyle, Director, Office 9, to Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration: Bona Fide Analysis for Kunshan Xin’an Trade Co., Ltd.’s Sale in the New Shipper Review of Honey from the People’s Republic of China, dated August 10, 2005. We received comments on our intent to rescind this new shipper review from Xinan on August 25, 2005. We received rebuttal comments from the American Honey Producers and the Sioux Honey Association (collectively, ‘‘petitioners’’) on August 31, 2005. The deadline for completion of the preliminary results is currently September 13, 2005. Extension of Time Limits for Preliminary Results Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(i)(1) require the Department to issue the preliminary results of a new shipper review within 180 days after the date on which the new shipper review was initiated and final results of a review within 90 days after the date on which the preliminary results were issued. The Department may, however, extend the deadline for completion of the preliminary results of a new shipper review to 300 days if it determines that the case is extraordinarily complicated (19 CFR 351.214 (i)(2)). Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214 (i)(2), we determine that this review is extraordinarily complicated and that it is not practicable to complete this new shipper review within the current time PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 55109 limit. Specifically, the Department requires additional time to analyze the comments received by parties on the Department’s bona fides analysis. Accordingly, the Department is extending the time limit for the completion of the preliminary results by 20 days, to October 3, 2005, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2). This notice is issued and published in accordance with section 751(a)(3)(A) of the Act. Dated: September 13, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 05–18714 Filed 9–19–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–351–806] Silicon Metal from Brazil: Notice of Court Decision and Suspension of Liquidation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 26, 2005, in Elkem Metals Company and Globe Metallurgical Inc. v. United States, Slip Op. 05–109 (Elkem Metals III), the Court of International Trade (CIT) affirmed the Final Results of Redetermination Pursuant to Remand (Remand Results II) released by the Department of Commerce (the Department), on March 16, 2005. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a ‘‘conclusive’’ decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate all relevant entries from Rima Industrial, S.A. (Rima), as appropriate. AGENCY: EFFECTIVE DATE: September 20, 2005. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Enforcement, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230, telephone 202–482–5831, fax 202–482–5105. SUPPLEMENTARY INFORMATION: E:\FR\FM\20SEN1.SGM 20SEN1 55110 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices Background On February 12, 2002, the Department published in the Federal Register a notice of final results of the antidumping duty administrative review on silicon metal from Brazil. See Silicon Metal From Brazil: Final Results of Antidumping Duty Administrative Review, 67 FR 6488 (February 12, 2002) (Final Results). Following publication of the Final Results, Elkem Metals Company and Globe Metallurgical Inc. (collectively petitioners), filed a lawsuit with the CIT challenging the Department’s findings in the Final Results, regarding the calculation of Rima’s constructed value (CV). In Elkem Metals Company and Globe Metallurgical Inc. v. United States, No. 02–00232, (CIT February 25, 2004) (Elkem Metals I), the CIT remanded this matter to the Department for it to recalculate Rima’s CV to include certain value–added taxes (VAT). In its Final Results of Redetermination Pursuant to Court Remand (Remand Results I), filed on June 8, 2004, in response to Elkem Metals I, the Department determined that such VAT were not incurred by Rima and therefore did not constitute a material cost for purposes of calculating CV. Consequently, in Remand Results I, the Department found that no adjustment was necessary to Rima’s CV. In Elkem Metals Company and Globe Metallurgical Inc. v. United States, 350 F. Supp 2d 1270 (CIT 2004) (Elkem Metals II), the CIT once again instructed the Department to include VAT paid by Rima in the re–calculation of CV and to make any necessary adjustments to the dumping margin. The Draft Results of Redetermination Pursuant to Court Remand (Draft Remand Results II) were released to parties on January 24, 2005. The Department received comments from interested parties on the Draft Remand Results II on January 24, 2005, and rebuttal comments on February 4, 2005. On March 16, 2005, the Department responded to the CIT’s Order of Remand by filing the Remand Results II. In Remand Results II, pursuant to the CIT’s order, the Department included VAT paid by Rima in the re–calculation of CV. As a result of the remand determination, the antidumping duty rate for Rima was increased from 0.35 percent to 0.48 percent. The CIT did not receive comments from either petitioners or Rima. On August 26, 2005, the CIT affirmed the Department’s findings in Remand Results II. Specifically, the CIT upheld the Department’s inclusion of VAT in Rima’s CV. See Elkem Metals III.. VerDate Aug<31>2005 14:53 Sep 19, 2005 Jkt 205001 The only revision made to the Final Results was the inclusion of VAT in the calculation of Rima’s CV, as noted above. This revision resulted in a change in Rima’s margin. However, Rima continues to have a de minimis margin, as it had in the Final Results. Suspension of Liquidation The CAFC, in Timken, held that the Department must publish notice of a decision of the CIT or the CAFC which is not ‘‘in harmony’’ with the Department’s final determination or results. Publication of this notice fulfills that obligation. The CAFC also held that the Department must suspend liquidation of the subject merchandise until there is a ‘‘conclusive’’ decision in the case. Therefore, pursuant to Timken, the Department must continue to suspend liquidation pending the expiration of the period to appeal the CIT’s August 26, 2005, decision, or, if that decision is appealed, pending a final decision by the CAFC. The Department will instruct CBP to revise cash deposit rates, as appropriate, and to liquidate relevant entries covering the subject merchandise effective September 20, 2005, in the event that the CIT’s ruling is not appealed, or if appealed and upheld by the CAFC. Dated: September 14, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. 05–18713 Filed 9–19–05; 8:45 am] BILLING CODE 3510–DS–S International Trade Administration Notice of Scope Rulings Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 20, 2005. SUMMARY: The Department of Commerce (the Department) hereby publishes a list of scope rulings completed between April 1, 2005, and June 30, 2005. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of June 30, 2005. We intend to publish future lists after the close of the next calendar quarter. FOR FURTHER INFORMATION CONTACT: Alice Gibbons, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, AGENCY: Frm 00011 Fmt 4703 Background The Department’s regulations provide that the Secretary will publish in the Federal Register a list of scope rulings on a quarterly basis. See 19 CFR 351.225(o). Our most recent ‘‘Notice of Scope Rulings’’ was published on July 19, 2005. See 70 FR 41374. The instant notice covers all scope rulings and anticircumvention determinations completed by Import Administration between April 1, 2005, and June 30, 2005, inclusive. It also lists any scope or anticircumvention inquiries pending as of June 30, 2005, as well as scope rulings inadvertently omitted from prior published lists. As described below, subsequent lists will follow after the close of each calendar quarter. Scope Rulings Completed Between April 1, 2005, and June 30, 2005: Brazil A–351–832; C–351–833: Carbon and Certain Alloy Steel Wire Rod from Brazil Requestors: Companhia Siderugica Belgo Mineira Participacao Industria e Comercio S.A. and B.M.P. Siderugica S.A.; for grade 1080 tire cord quality wire rod and tire bead quality wire rod (1080 TCBQWR), the phrase ‘‘having no inclusions greater than 20 microns’’ means no inclusions greater than 20 microns in any direction; May 9, 2005. India DEPARTMENT OF COMMERCE PO 00000 Washington, DC 20230; telephone: (202) 482–0498. SUPPLEMENTARY INFORMATION: Sfmt 4703 A–533–810: Stainless Steel Bar from India; A–533–808: Stainless Steel Wire Rod from India Requestor: Mukand International, Ltd.; stainless steel bar, manufactured in the United Arab Emirates out of stainless steel wire rod that is manufactured in India, is not included in the scope of the antidumping duty order; May 23, 2005. Japan A–588–824: Certain Corrosion–Resistant Carbon Steel Flat Products from Japan Requestor: Metal One Corporation; diffusion–annealed nickel plate is within the scope of the anti–dumping duty order; August 26, 2005. People’s Republic of China A–570–804: Petroleum Wax Candles from the People’s Republic of China Requestor: Target Corporation; a snowball candle (stock no. 08 0986) and set of snowball candles (stock no. 08 0959) are within the scope of the antidumping duty order; April 1, 2005. A–570–804: Petroleum Wax Candles from the People’s Republic of China E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Notices]
[Pages 55109-55110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18713]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal from Brazil: Notice of Court Decision and 
Suspension of Liquidation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 26, 2005, in Elkem Metals Company and Globe 
Metallurgical Inc. v. United States, Slip Op. 05-109 (Elkem Metals 
III), the Court of International Trade (CIT) affirmed the Final Results 
of Redetermination Pursuant to Remand (Remand Results II) released by 
the Department of Commerce (the Department), on March 16, 2005. 
Consistent with the decision of the U.S. Court of Appeals for the 
Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 
(Fed. Cir. 1990) (Timken), the Department will continue to order the 
suspension of liquidation of the subject merchandise, where 
appropriate, until there is a ``conclusive'' decision in this case. If 
the case is not appealed, or if it is affirmed on appeal, the 
Department will instruct U.S. Customs and Border Protection (CBP) to 
liquidate all relevant entries from Rima Industrial, S.A. (Rima), as 
appropriate.

EFFECTIVE DATE: September 20, 2005.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Enforcement, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, 
DC 20230, telephone 202-482-5831, fax 202-482-5105.

SUPPLEMENTARY INFORMATION:

[[Page 55110]]

Background

    On February 12, 2002, the Department published in the Federal 
Register a notice of final results of the antidumping duty 
administrative review on silicon metal from Brazil. See Silicon Metal 
From Brazil: Final Results of Antidumping Duty Administrative Review, 
67 FR 6488 (February 12, 2002) (Final Results). Following publication 
of the Final Results, Elkem Metals Company and Globe Metallurgical Inc. 
(collectively petitioners), filed a lawsuit with the CIT challenging 
the Department's findings in the Final Results, regarding the 
calculation of Rima's constructed value (CV). In Elkem Metals Company 
and Globe Metallurgical Inc. v. United States, No. 02-00232, (CIT 
February 25, 2004) (Elkem Metals I), the CIT remanded this matter to 
the Department for it to recalculate Rima's CV to include certain 
value-added taxes (VAT). In its Final Results of Redetermination 
Pursuant to Court Remand (Remand Results I), filed on June 8, 2004, in 
response to Elkem Metals I, the Department determined that such VAT 
were not incurred by Rima and therefore did not constitute a material 
cost for purposes of calculating CV. Consequently, in Remand Results I, 
the Department found that no adjustment was necessary to Rima's CV. In 
Elkem Metals Company and Globe Metallurgical Inc. v. United States, 350 
F. Supp 2d 1270 (CIT 2004) (Elkem Metals II), the CIT once again 
instructed the Department to include VAT paid by Rima in the re-
calculation of CV and to make any necessary adjustments to the dumping 
margin.
    The Draft Results of Redetermination Pursuant to Court Remand 
(Draft Remand Results II) were released to parties on January 24, 2005. 
The Department received comments from interested parties on the Draft 
Remand Results II on January 24, 2005, and rebuttal comments on 
February 4, 2005. On March 16, 2005, the Department responded to the 
CIT's Order of Remand by filing the Remand Results II. In Remand 
Results II, pursuant to the CIT's order, the Department included VAT 
paid by Rima in the re-calculation of CV.
    As a result of the remand determination, the antidumping duty rate 
for Rima was increased from 0.35 percent to 0.48 percent. The CIT did 
not receive comments from either petitioners or Rima.
    On August 26, 2005, the CIT affirmed the Department's findings in 
Remand Results II. Specifically, the CIT upheld the Department's 
inclusion of VAT in Rima's CV. See Elkem Metals III..
    The only revision made to the Final Results was the inclusion of 
VAT in the calculation of Rima's CV, as noted above. This revision 
resulted in a change in Rima's margin. However, Rima continues to have 
a de minimis margin, as it had in the Final Results.

Suspension of Liquidation

    The CAFC, in Timken, held that the Department must publish notice 
of a decision of the CIT or the CAFC which is not ``in harmony'' with 
the Department's final determination or results. Publication of this 
notice fulfills that obligation. The CAFC also held that the Department 
must suspend liquidation of the subject merchandise until there is a 
``conclusive'' decision in the case. Therefore, pursuant to Timken, the 
Department must continue to suspend liquidation pending the expiration 
of the period to appeal the CIT's August 26, 2005, decision, or, if 
that decision is appealed, pending a final decision by the CAFC. The 
Department will instruct CBP to revise cash deposit rates, as 
appropriate, and to liquidate relevant entries covering the subject 
merchandise effective September 20, 2005, in the event that the CIT's 
ruling is not appealed, or if appealed and upheld by the CAFC.

    Dated: September 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-18713 Filed 9-19-05; 8:45 am]
BILLING CODE 3510-DS-S