Silicon Metal from Brazil: Notice of Rescission of Antidumping Duty Administrative Review, 71265-71266 [E5-6580]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Notices]
[Pages 71265-71266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6580]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal from Brazil: Notice of Rescission of Antidumping 
Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 28, 2005.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, telephone: (202) 482-
5831; Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14\TH\ Street and Constitution Ave., NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2005, the Department of Commerce (Department) published 
in the Federal Register a notice of ``Opportunity to Request 
Administrative Review'' of the antidumping duty order on silicon metal 
from Brazil for the period of review (POR) July 1, 2004, through June 
30, 2005. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative Review, 
70 FR 38099 (July 1, 2005). On July 29, 2005, Globe Metallurgical Inc., 
and Elkem Metals Company, producers of the domestic like product and 
interested parties in this proceeding, submitted timely requests that 
the Department conduct an administrative review of the antidumping duty 
order on silicon metal from Brazil for the POR covering Camargo Correa 
Metais S.A. (CCM), Ligas de Aluminio S.A. (LIASA), and Companhia 
Ferroligas de Minas Gerais-minasligas (Minasligas). The Department 
initiated an administrative review for CCM, LIASA, and Minasligas in 
August 2005. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 70 FR 51009 
(August 29, 2005). On September 1, 2005, the Department released the 
antidumping duty questionnaire to CCM, LIASA, and Minasligas. On 
September 2, 2005, in response to the Department's antidumping 
questionnaire, CCM, LIASA, and Minasligas submitted letters certifying 
that they had no sales or exports of subject merchandise to the United 
States during the POR. See Letters from CCM, LIASA, and Minasligas, 
regarding the ``Fourteenth Administrative Review of Silicon Metal from 
Brazil'' (September 2, 2005).
    On October 19, 2005, the Department issued a memorandum stating 
that it had confirmed CCM, LIASA, and Minasligas' statements with U.S. 
Customs and Border Protection (CBP) and that it intended to rescind the 
administrative review. See Memorandum to Holly A. Kuga, Senior Office 
Director, AD/CVD Operations, Office 4, through Mark Manning, Acting 
Program Manager, AD/CVD Operations, Office 4, from Maisha Cryor, 
Analyst, AD/CVD Operations, Office 4, regarding ``Rescission of the 
Antidumping Duty Administrative Review of Silicon Metal from Brazil for 
the Period of Review July 1, 2004, through June 30, 2005,'' dated 
October 19, 2005 (Rescission Memorandum). The Rescission Memorandum was 
released to all interested parties, who were invited to comment on the 
Department's intent to rescind the administrative review. Id. The 
Department did not receive comments from any interested party.

Scope of the Order

    The merchandise covered by this order is silicon metal from Brazil 
containing at least 96.00 percent but less than 99.99 percent silicon 
by weight. Also covered by this order is silicon metal from Brazil 
containing between 89.00 and 96.00 percent silicon by weight but which 
contains more aluminum than the silicon metal containing at least 96.00 
percent but less than 99.99 percent silicon by weight. Silicon metal is 
currently provided for under subheadings 2804.69.10 and 2804.69.50 of 
the Harmonized Tariff Schedule of the United States (HTSUS) as a 
chemical product, but is commonly referred to as a metal. Semiconductor 
grade silicon (silicon metal containing by weight not less than 99.99 
percent silicon and provided for in subheading 2804.61.00 of the HTSUS) 
is not subject to the order. Although the HTSUS item numbers are 
provided for convenience and for customs purposes, the written 
description remains dispositive.

Rescission of Administrative Review

    In accordance with section 351.213(d)(3) of the Department's 
regulations, and consistent with our practice, we are rescinding this 
review because CCM, LIASA, and Minasligas were the only companies for 
which a review was requested and none of these companies had sales or 
exports of

[[Page 71266]]

subject merchandise during the POR. See Certain Welded Carbon Steel 
Pipe and Tube from Turkey: Final Results and Partial Rescission of 
Antidumping Administrative Review, 63 FR 35190, 35191 (June 29, 1998).

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 violation that is subject 
to sanction.
    This notice is published in accordance with section 751(a)(1) of 
the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: November 19, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-6580 Filed 11-25-05; 8:45 am]
BILLING CODE 3510-DS-S