Notice of Final Results of Antidumping Duty Administrative Review: Silicon Metal from Brazil, 7517-7519 [E6-1987]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Notices]
[Pages 7517-7519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1987]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Notice of Final Results of Antidumping Duty Administrative 
Review: Silicon Metal from Brazil

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 8, 2005, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the administrative review of the order on silicon metal from Brazil. 
See Silicon Metal from Brazil: Preliminary Results of Antidumping Duty 
Administrative Review, 70 FR 45665 (August 8, 2005) (``Preliminary 
Results''). This review covers one manufacturer/exporter of the

[[Page 7518]]

subject merchandise, Camargo Correa Metais (CCM). The merchandise 
covered by this order is silicon metal from Brazil as described in the 
``Scope of the Order'' section of this notice. The period of review 
(``POR'') is July 1, 2003, through June 30, 2004. We gave interested 
parties an opportunity to comment on the preliminary results. Based 
upon our analysis of the comments received, we made changes to the 
margin calculation. Therefore, the final results have changed from the 
preliminary results of this review. The final weight-averaged dumping 
margin is listed below in the section titled ``Final Results of 
Review.''

EFFECTIVE DATE: February 13, 2006.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-5831.

SUPPLEMENTARY INFORMATION:

Background

    The Department's preliminary results of review were published on 
August 8, 2005. See Preliminary Results. As provided in section 782(i) 
of the Tariff Act of 1930, as amended (``the Act''), we verified sales 
and cost information provided by CCM, from September 12, 2005, through 
September 23, 2005, using standard verification procedures such as the 
examination of relevant sales and financial records. Our verification 
results are outlined in the public and proprietary versions of our 
verification reports, which are on file in the Central Records Unit 
(``CRU'') in room B-099 of the main Commerce building. We invited 
parties to comment on the Preliminary Results and our verification 
findings. We received written comments on November 14, 2005, from Globe 
Metallurgical (the petitioner). On December 9, 2005, we received 
rebuttal comments from CCM, the respondent. On January 26, 2006, the 
Department held a public hearing concerning these final results. The 
Department is conducting this administrative review in accordance with 
section 751 of the Act.

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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs, as well as the 
Department's findings, in this administrative review are addressed in 
the Issues and Decision Memorandum for the Administrative Review of 
Silicon Metal from Brazil (``Decision Memorandum''), dated February 6, 
2006, which is hereby adopted by this notice. A list of the issues 
raised, all of which we have responded to in the Decision Memorandum, 
is appended to this notice. The Decision Memorandum is on file in the 
CRU in room B-099 of the main Commerce building, and can also be 
accessed directly on the Web at https://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
changes in the calculations for the final dumping margin. The changes 
are discussed in detail in the Decision Memorandum. Additional detail 
regarding these changes is provided in the Memorandum from Maisha 
Cryor, Senior International Trade Compliance Analyst, to Thomas F. 
Futtner, Acting Office Director, ``Antidumping Duty Administrative 
Review of Silicon Metal from Brazil; Calculation Memorandum for the 
Final Results,'' dated February 6, 2006, and the Memorandum from 
Michael P. Harrison, Senior Accountant, to Neal M. Halper, Director, 
Office of Accounting, ``Cost of Production and Constructed Value 
Calculation Adjustments for the Final Results,'' dated February 6, 
2005.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period July 1, 2003, through 
June 30, 2004:

------------------------------------------------------------------------
                                                      Weighted- Average
               Manufacturer/Exporter                 Margin (Percentage)
------------------------------------------------------------------------
Camargo Correa Metais..............................         0.00 percent
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to section 751(a)(1)(B) of the Act and 19 
CFR 351.212(b). The Department calculated importer-specific duty 
assessment rates on the basis of the ratio of the total amount of 
antidumping duties calculated for the examined sales for each importer 
to the total entered value of the examined sales for that importer. 
Where the importer-specific assessment rate is above de minimis, we 
will instruct CBP to assess antidumping duties on that importer's 
entries of subject merchandise produced by CCM. The Department will 
issue appropriate assessment instructions directly to CBP within 15 
days of publication of these final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of silicon metal from Brazil entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
these final results, as provided by section 751(a) of the Act: (1) for 
CCM we will instruct CBP not to collect cash deposits; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in the investigation, the cash deposit rate will 
continue to be the company-specific rate from the most recently 
completed review; (3) if the exporter is not a firm covered in this 
review, a prior review, or the investigation, but the producer is, the 
cash deposit rate will be that established for the most recent period 
for the producer of the merchandise; and (4) the cash deposit rate for 
all other producers or exporters will be 91.06 percent, the ``All 
Others'' rate established in the less-than-fair-value investigation. 
These deposit requirements shall remain in effect until publication of 
the final results of the next administrative review.

Notification to Interested Parties

    This notice also 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

[[Page 7519]]

entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.
    This notice also is the only reminder to parties subject to 
administrative protective order (``APO'') 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 3, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX - Issues in Decision Memorandum

I. Programa de Integracao Social and Contribuicao do Financiamento 
Social Taxes
II. Per-Unit Cost Calculation
III. General & Administrative Expense/Ratio
IV. Financial Expenses
V. Depreciation of Deferred Charges for Restarting Idled Furnaces
VI. Depreciation of Idled Assets
VII. Taxes Included in Constructed Value
[FR Doc. E6-1987 Filed 2-10-06; 8:45 am]
BILLING CODE 3510-DS-S