Silicon Metal from the People's Republic of China and Brazil: Final Results of the Expedited Reviews of the Antidumping Duty Orders, 26334-26335 [E6-6760]
Download as PDF
<![CDATA[
26334
Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Notices
Manufacturer / Exporter
Weighted Average Margin
(percentage)
Asociacion de Cooperativas
Argentinas .........................
Seylinco S.A. ........................
2.95
0
Assessment
The Department shall determine, and
the CBP shall assess, antidumping
duties on all appropriate entries. In
accordance with 19 CFR 351.212(b)(1),
we have calculated importer–specific
assessment rates for the merchandise
based on the ratio of the total amount of
antidumping duties calculated for the
examined sales made during the POR to
the total customs value of the sales used
to calculate those duties. The
Department will issue appropriate ad
valorem assessment instructions
directly to CBP within 15 days of
publication of these final results of
review. We will direct CBP to assess the
resulting assessment rate against the
entered customs values for the subject
merchandise on each of the importer’s
entries during the POR.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003 (68 FR 23954). This
clarification will apply to entries of
subject merchandise during the period
of review produced by companies
included in these final results of review
for which the reviewed companies did
not know their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the all–
others rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
mstockstill on PROD1PC68 with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(1) of the Tariff Act of 1930, as
amended (the Tariff Act):
(1) the cash deposit for all companies
reviewed will be the rates established in
the final results of review;
(2) for any previously reviewed or
investigated company not listed above,
the cash deposit rate will continue to be
the company–specific rate published in
the most recent period;
VerDate Aug<31>2005
15:45 May 03, 2006
Jkt 208001
(3) if the exporter is not a firm covered
in this review or in any previous
segment of this proceeding, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and
(4) if neither the exporter nor the
manufacturer is a firm covered in this or
any previous review conducted by the
Department, the cash deposit rate will
be the ‘‘all others’’ rate from the LTFV
investigation (30.24 percent). See Notice
of Antidumping Duty Order; Honey
From Argentina, 66 FR 63672
(December 10, 2001). These deposit
requirements, when imposed, 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
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 the
subsequent assessment of doubled
antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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,
which is subject to sanction.
We are issuing and publishing this
determination and notice in accordance
with sections section 751(a)(1) and
777(i)(1) of the Tariff Act.
Dated: April 27, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix: Issues and Decision
Memorandum
1. Warranty Expense Methodology
2. Testing Expenses
[FR Doc. E6–6758 Filed 5–3–06; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–806, A–351–806]
Silicon Metal from the People’s
Republic of China and Brazil: Final
Results of the Expedited Reviews of
the Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2006, the
Department of Commerce (‘‘the
Department’’) initiated sunset reviews of
the antidumping duty orders on Silicon
Metal from the People’s Republic of
China (‘‘PRC’’) and Brazil, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended, (‘‘the Act’’). See Initiation
of Five-year (‘‘Sunset’’) Reviews, 71 FR
91 (January 3, 2006) (‘‘Initiation
Notice’’). On the basis of the notice of
intent to participate and adequate
substantive responses filed on behalf of
the domestic interested parties, and no
responses from respondent interested
parties, the Department conducted
expedited sunset reviews. As a result of
these sunset reviews, the Department
finds that revocation of the antidumping
duty orders would likely lead to
continuation or recurrence of dumping
at the levels listed below in the section
entitled ‘‘Final Results of Reviews.’’
EFFECTIVE DATE: May 4, 2006.
FOR FURTHER INFORMATION CONTACT:
James Nunno, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC, 20230; telephone: (202) 482–0783.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published an
antidumping duty order on silicon
metal from the PRC on June 10, 1991,
and from Brazil on July 31, 1991. See
Antidumping Duty Order: Silicon Metal
from the People’s Republic of China, 56
FR 26649; see also Antidumping Duty
Order: Silicon Metal from Brazil, 56 FR
36135. On January 3, 2006, the
Department initiated sunset reviews of
the antidumping duty orders on Silicon
Metal from the PRC and Brazil pursuant
to section 751(c) of the Act. See
Initiation Notice. The Department
received a notice of intent to participate
from a domestic interested party, Globe
Metallurgical Inc. (‘‘Globe’’), within the
deadline specified in section
351.218(d)(1)(i) of the Department’s
regulations. Globe claimed interested
party status pursuant to section
E:\FR\FM\04MYN1.SGM
04MYN1
26335
Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Notices
771(9)(C) of the Act as a U.S. producer
of the domestic like product. We
received a submission from the
domestic interested party within the 30day deadline specified in section
351.218(d)(3)(i) of the Department’s
regulations. However, we did not
receive submissions from any
respondent interested parties. As a
result, pursuant to section 751(c)(3)(B)
of the Act and section
351.218(e)(1)(ii)(C)(2) of the
Department’s regulations, the
Department conducted expedited sunset
reviews of these orders.
Scope of the Orders
mstockstill on PROD1PC68 with NOTICES
PRC
The merchandise covered by this
order is silicon metal containing at least
96.00 percent but less than 99.99
percent silicon by weight. Also covered
by this antidumping order is silicon
metal 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.
Brazil
The merchandise covered by this
order is silicon metal containing at least
96.00 percent but less than 99.99
percent silicon by weight. Also covered
by this antidumping order is silicon
metal 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
VerDate Aug<31>2005
15:45 May 03, 2006
Jkt 208001
and for customs purposes, the written
description remains dispositive.
Scope Clarifications
PRC
There has been one scope clarification
in this proceeding. See Scope Rulings,
58 FR 27542 (May 10, 1993). In a
response to a request by domestic
interested parties for clarification of the
scope of the antidumping duty order,
the Department determined that silicon
metal containing between 89.00 percent
and 99.00 percent silicon by weight, but
which contains a higher aluminum
content than the silicon metal
containing at least 96.00 percent, but
less than 99.99 percent silicon by
weight, is the same class or kind of
merchandise as the silicon metal
described in the original order.
Therefore, such material is within the
scope of the order on silicon metal from
the PRC.
Analysis of Comments Received
All issues raised in these cases are
addressed in the ‘‘Issues and Decision
Memorandum’’ from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated April 27, 2006
(‘‘Issues and Decision Memorandum’’),
which is hereby adopted by this notice.
The issues discussed in the Issues and
Decision Memorandum include the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margin likely to prevail if the orders
were revoked. Parties can find a
complete discussion of all issues raised
in these sunset reviews and the
corresponding recommendations in this
public memorandum, which is on file in
room B–099 of the main Department
building.
In addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on our Web site at
https://ia.ita.doc.gov. The paper copy
and electronic version of the Decision
Memorandum are identical in content.
Manufacturers/Exporters/Producers
Weighted–Average
Margin (Percent)
Camargo Correa
Metais, S.A. (‘‘CCM’’)
Companhia Brasileira
Carbureto de Calcio
(‘‘CBCC’’) ..................
RIMA Eletrometalurgica
S.A. (‘‘RIMA’’) ............
All Others ......................
93.20
Revoked
Revoked
91.06
1We will notify the ITC that Companhia
Brasileira Carbureto de Calcio (‘‘CBCC’’) and
RIMA Eletrometalurgica S.A. (‘‘RIMA’’) are no
longer subject to the order. See Policies Regarding the Conduct of Five-Year (‘‘Sunset’’)
Reviews of Antidumping and Countervailing
Duty Orders; Policy Bulletin, 63 FR 18871
(April 16, 1998); see also Silicon Metal From
Brazil: Final Results of Antidumping Duty Administrative Review and Revocation of Order
in Part, 68 FR 57670 (October 6, 2003) (order
revoked as to CBCC) and Silicon Metal from
Brazil; Final Results of Antidumping Duty Administrative Review and Revocation of Order
in Part, 67 FR 77225 (December 17, 2002)
(order revoked as to RIMA).
This notice also serves as the only
reminder to parties subject to
administrative protective orders
(‘‘APO’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with 19 CFR
351.305. Timely notification of the
return or 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 which is subject
to sanction.
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: April 27, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–6760 Filed 5–3–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–449–804]
Final Results of Reviews
We determine that revocation of the
antidumping duty orders on Silicon
Metal from the PRC and Brazil would
likely lead to continuation or recurrence
of dumping at the following percentage
weighted–average margins:
Manufacturers/Exporters/Producers
PRC.
PRC–wide Rate ............
Brazil1.
PO 00000
Frm 00017
Fmt 4703
Steel Concrete Reinforcing Bars from
Latvia: Extension of the Time Limit for
the Preliminary Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Weighted–Average Department of Commerce.
Margin (Percent)
EFFECTIVE DATE: May 4, 2006.
FOR FURTHER INFORMATION CONTACT:
139.49 Shane Subler at (202) 482–0189, AD/
CVD Operations, Office 1, Import
Sfmt 4703
AGENCY:
E:\FR\FM\04MYN1.SGM
04MYN1
]]>Agencies
[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Notices]
[Pages 26334-26335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6760]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806, A-351-806]
Silicon Metal from the People's Republic of China and Brazil:
Final Results of the Expedited Reviews of the Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2006, the Department of Commerce (``the
Department'') initiated sunset reviews of the antidumping duty orders
on Silicon Metal from the People's Republic of China (``PRC'') and
Brazil, pursuant to section 751(c) of the Tariff Act of 1930, as
amended, (``the Act''). See Initiation of Five-year (``Sunset'')
Reviews, 71 FR 91 (January 3, 2006) (``Initiation Notice''). On the
basis of the notice of intent to participate and adequate substantive
responses filed on behalf of the domestic interested parties, and no
responses from respondent interested parties, the Department conducted
expedited sunset reviews. As a result of these sunset reviews, the
Department finds that revocation of the antidumping duty orders would
likely lead to continuation or recurrence of dumping at the levels
listed below in the section entitled ``Final Results of Reviews.''
EFFECTIVE DATE: May 4, 2006.
FOR FURTHER INFORMATION CONTACT: James Nunno, AD/CVD Operations, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC,
20230; telephone: (202) 482-0783.
SUPPLEMENTARY INFORMATION:
Background
The Department published an antidumping duty order on silicon metal
from the PRC on June 10, 1991, and from Brazil on July 31, 1991. See
Antidumping Duty Order: Silicon Metal from the People's Republic of
China, 56 FR 26649; see also Antidumping Duty Order: Silicon Metal from
Brazil, 56 FR 36135. On January 3, 2006, the Department initiated
sunset reviews of the antidumping duty orders on Silicon Metal from the
PRC and Brazil pursuant to section 751(c) of the Act. See Initiation
Notice. The Department received a notice of intent to participate from
a domestic interested party, Globe Metallurgical Inc. (``Globe''),
within the deadline specified in section 351.218(d)(1)(i) of the
Department's regulations. Globe claimed interested party status
pursuant to section
[[Page 26335]]
771(9)(C) of the Act as a U.S. producer of the domestic like product.
We received a submission from the domestic interested party within the
30-day deadline specified in section 351.218(d)(3)(i) of the
Department's regulations. However, we did not receive submissions from
any respondent interested parties. As a result, pursuant to section
751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the
Department's regulations, the Department conducted expedited sunset
reviews of these orders.
Scope of the Orders
PRC
The merchandise covered by this order is silicon metal containing
at least 96.00 percent but less than 99.99 percent silicon by weight.
Also covered by this antidumping order is silicon metal 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.
Brazil
The merchandise covered by this order is silicon metal containing
at least 96.00 percent but less than 99.99 percent silicon by weight.
Also covered by this antidumping order is silicon metal 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.
Scope Clarifications
PRC
There has been one scope clarification in this proceeding. See
Scope Rulings, 58 FR 27542 (May 10, 1993). In a response to a request
by domestic interested parties for clarification of the scope of the
antidumping duty order, the Department determined that silicon metal
containing between 89.00 percent and 99.00 percent silicon by weight,
but which contains a higher aluminum content than the silicon metal
containing at least 96.00 percent, but less than 99.99 percent silicon
by weight, is the same class or kind of merchandise as the silicon
metal described in the original order. Therefore, such material is
within the scope of the order on silicon metal from the PRC.
Analysis of Comments Received
All issues raised in these cases are addressed in the ``Issues and
Decision Memorandum'' from Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, to David M. Spooner, Assistant
Secretary for Import Administration, dated April 27, 2006 (``Issues and
Decision Memorandum''), which is hereby adopted by this notice. The
issues discussed in the Issues and Decision Memorandum include the
likelihood of continuation or recurrence of dumping and the magnitude
of the margin likely to prevail if the orders were revoked. Parties can
find a complete discussion of all issues raised in these sunset reviews
and the corresponding recommendations in this public memorandum, which
is on file in room B-099 of the main Department building.
In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on our Web site at https://
ia.ita.doc.gov. The paper copy and electronic version of the Decision
Memorandum are identical in content.
Final Results of Reviews
We determine that revocation of the antidumping duty orders on
Silicon Metal from the PRC and Brazil would likely lead to continuation
or recurrence of dumping at the following percentage weighted-average
margins:
------------------------------------------------------------------------
Weighted-Average
Manufacturers/Exporters/Producers Margin (Percent)
------------------------------------------------------------------------
PRC.................................................
PRC-wide Rate....................................... 139.49
Brazil\1\...........................................
Camargo Correa Metais, S.A. (``CCM'')............... 93.20
Companhia Brasileira Carbureto de Calcio (``CBCC''). Revoked
RIMA Eletrometalurgica S.A. (``RIMA'').............. Revoked
All Others.......................................... 91.06
------------------------------------------------------------------------
\1\We will notify the ITC that Companhia Brasileira Carbureto de Calcio
(``CBCC'') and RIMA Eletrometalurgica S.A. (``RIMA'') are no longer
subject to the order. See Policies Regarding the Conduct of Five-Year
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders;
Policy Bulletin, 63 FR 18871 (April 16, 1998); see also Silicon Metal
From Brazil: Final Results of Antidumping Duty Administrative Review
and Revocation of Order in Part, 68 FR 57670 (October 6, 2003) (order
revoked as to CBCC) and Silicon Metal from Brazil; Final Results of
Antidumping Duty Administrative Review and Revocation of Order in
Part, 67 FR 77225 (December 17, 2002) (order revoked as to RIMA).
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or 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 which is
subject to sanction.
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: April 27, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-6760 Filed 5-3-06; 8:45 am]
BILLING CODE 3510-DS-S
