Silicon Metal From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 42084-42085 [E6-11835]

Download as PDF 42084 Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Notices because the Department needs additional time to consider all comments filed by the petitioner and to fully analyze the respondent’s responses on the record of this review. To accomplish this, and in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the preliminary results by an additional 90 days until October 31, 2006. Therefore, the preliminary results are now due no later than October 31, 2006. The final results continue to be due 120 days after publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: July 18, 2006. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E6–11840 Filed 7–24–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–351–824 Silicomanganese From Brazil: Notice of Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Eramet Marietta Inc., a domestic producer of silicomanganese, the Department of Commerce initiated an administrative review of the antidumping duty order on silicomanganese from Brazil. The period of review is December 1, 2004, through November 30, 2005. We are now rescinding this review because the sole respondent reported that it had no sales or shipments to the United States during the period of review. EFFECTIVE DATE: July 25, 2006. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun at (202) 482–5760 or Dmitry Vladimirov at (202) 482–0665, 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: The Department of Commerce (the Department) published an antidumping duty order on silicomanganese from Brazil on December 22, 1994. See Notice of Antidumping Duty Order: Silicomanganese from Brazil, 59 FR 66003 (December 22, 1994). On sroberts on PROD1PC70 with NOTICES AGENCY: VerDate Aug<31>2005 18:02 Jul 24, 2006 Jkt 208001 December 1, 2005, the Department published a notice of opportunity to request an administrative review of the antidumping duty order for the period of review covering December 1, 2004, through November 30, 2005. See Notice of Opportunity to Request Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation, 70 FR 72109 (December 1, 2005). In accordance with 19 CFR 351.213(b)(1), the petitioner, Eramet Marietta Inc., requested an administrative review of this order with respect to the following affiliated respondents: Rio Doce ˆ Manganes S.A., Companhia Paulista de Ferro–Ligas, and Urucum Mineracao ¸˜ S.A. (collectively RDM/CPFL). The Department published the notice of the initiation of the administrative review of the antidumping duty order on silicomanganese from Brazil on February 1, 2006. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 71 FR 5241 (February 1, 2006). In response to the Department’s questionnaire, RDM/CPFL notified the Department that the company had no entries, exports, or sales of the subject merchandise during the period of review. The Department published the notice of its intent to rescind the administrative review of the antidumping duty order on silicomanganese from Brazil on May 19, 2006. See Silicomanganese from Brazil: Notice of Intent to Rescind Antidumping Duty Administrative Review, 71 FR 29123 (May 19, 2006) (Notice of Intent to Rescind). The Department based its intent to rescind the review on a customs data query that found no evidence of entries or shipments of the subject merchandise by RDM/CPFL during the period of review. See Notice of Intent to Rescind, at 29124. Rescission of the Administrative Review The Department will rescind an administrative review with respect to an exporter or producer if the Department concludes that there were no entries, exports, or sales of the subject merchandise during the period of review. See 19 CFR 351.213(d)(3). The Department gave interested parties 15 days from the date of publication of the Notice of Intent to Rescind to comment on its intent to rescind this review. No interested party has submitted comments on our intent to rescind this review within the given time period. Accordingly, we are rescinding this administrative review. In accordance with the Department’s clarification of its assessment policy PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 (see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)), in the event any entries were made during the period of review through intermediaries under U.S. Customs and Border Protection (CBP) case numbers for RDM/CPFL, the Department will instruct CBP to liquidate such entries at the all–others rate in effect on the date of entry. This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written 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 sanctionable violation. This notice is issued and published in accordance with 19 CFR 351.213(d)(4) and section 777(i)(1) of the Tariff Act of 1930, as amended. Dated: July 18, 2006. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E6–11837 Filed 7–24–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–570–806) Silicon Metal From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) has received timely requests to conduct new shipper reviews of the antidumping duty order on silicon metal from the People’s Republic of China (‘‘PRC’’). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (‘‘the Act’’) and 19 CFR 351.214(d), we are initiating reviews for Shanghai Jinneng International Trade Co., Ltd. (‘‘Shanghai Jinneng’’) and Jiangxi Gangyuan Silicon Industry Co., Ltd. (‘‘Jiangxi Gangyuan’’). EFFECTIVE DATE: July 25, 2006. FOR FURTHER INFORMATION CONTACT: P. Lee Smith or Scot T. Fullerton, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of AGENCY: E:\FR\FM\25JYN1.SGM 25JYN1 Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Notices Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1655 or (202) 482– 1386, respectively. SUPPLEMENTARY INFORMATION: sroberts on PROD1PC70 with NOTICES Background The Department received timely requests from Shanghai Jinneng and Jiangxi Gangyuan on June 23, 2006, pursuant to section 751(a)(2)(B) the Act, and in accordance with 19 CFR 351.214(c), for new shipper reviews of the antidumping duty order on silicon metal from the PRC.1 See Antidumping Duty Order: Silicon Metal From the People’s Republic of China, 56 FR 26649 (June 10, 1991). Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(ii)(A), and 19 CFR 351.214(b)(2)(iii)(A), in their requests for review, Shanghai Jinneng and Jiangxi Gangyuan certified that they did not export the subject merchandise to the United States during the period of investigation (‘‘POI’’) and that since the initiation of the investigation they have never been affiliated with any company which exported subject merchandise to the United States during the POI. Furthermore, pursuant to 19 CFR 351.214(b)(2)(ii)(B) and 19 CFR 351.214(b)(2)(iii)(A), Datong Jinneng Industrial Silicon Co., Ltd. (‘‘Datong Jinneng’’), Shanghai Jinneng’s producer, certified that it did not export the subject merchandise to the United States during the POI and that since the initiation of the investigation it has never been affiliated with any company which exported subject merchandise to the United States during the POI. Additionally, pursuant to 19 CFR 351.214(b)(2)(iii)(B), Shanghai Jinneng, Datong Jinneng, and Jiangxi Gangyuan further certified that their export activities are not controlled by the central government of the PRC. In accordance with 19 CFR 351.214(b)(2)(iv), Shanghai Jinneng and Jiangxi Gangyuan each submitted documentation establishing the following: (1) the date on which it first shipped subject merchandise for export to the United States and the date on which the subject merchandise was first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States. 1 Both Shanghai Jinneng and Jiangxi Gangyuan revised claims of business proprietary information in their requests for a new shipper review in submissions filed on June 23, 2006. These revisions were filed in response to a request by the Department. See Letter from Christopher D. Riker, Program Manager, AD/CVD Operations, Office 9, Import Administration, dated June 20, 2006. VerDate Aug<31>2005 18:02 Jul 24, 2006 Jkt 208001 Initiation of Reviews In accordance with section 751(a)(2)(B) of the Act, and 19 CFR 351.214(d)(1), and based on information on the record, we are initiating new shipper reviews for Shanghai Jinneng and Jiangxi Gangyuan. See Memoranda to the File through Christopher D. Riker, Program Manager, AD/CVD Operations, Office 9, Import Administration, from P. Lee Smith, Import Compliance Specialist, AD/CVD Operations, Office 9, Import Administration, regarding New Shipper Initiation Checklists, dated July 18, 2006. We intend to issue the preliminary results of these reviews not later than 180 days after the date on which the reviews were initiated, and the final results of these reviews within 90 days after the date on which the preliminary results are issued. Pursuant to 19 CFR 351.214(g)(1)(i)(A), the period of review (‘‘POR’’) for a new shipper review, initiated in the month immediately following the anniversary month, will be the twelve-month period immediately preceding the anniversary month. Therefore, the POR for the new shipper reviews of Shanghai Jinneng and Jiangxi Gangyuan will be June 1, 2005, through May 31, 2006. It is the Department’s practice to date in cases involving non–market economies to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country–wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Shanghai Jinneng and Jiangxi Gangyuan, including a separate rates section. The reviews will proceed if the responses provide sufficient indication that Shanghai Jinneng and Jiangxi Gangyuan are not subject to either de jure or de facto government control with respect to their exports of freshwater crawfish tail meat. However, if the exporter does not demonstrate the company’s eligibility for a separate rate, then the company will be deemed not separate from the PRC–wide entity, which exported during the POI. An exporter unable to demonstrate the company’s eligibility for a separate rate would hence not meet the requirements of CFR 351.214(b)(2)(iii) and its new shipper review will be rescinded. See, e.g., Brake Rotors From the People’s Republic of China: Rescission of Second New Shipper Review and Final Results and Partial Rescission of First Antidumping Duty Administrative Review, 64 FR 61581 (November 12, 1999). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 42085 In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e), we will instruct U.S. Customs and Border Protection to allow, at the option of the importer, the posting, until the completion of the review, of a single entry bond or security in lieu of a cash deposit for certain entries of the merchandise exported by either Shanghai Jinneng and Jiangxi Gangyuan. We will apply the bonding option under 19 CFR 351.107(b)(1)(i) only to entries from the producer/exporter combination for which these companies have requested a new shipper review, i.e., Shanghai Jinneng/Datong Jinneng and Jiangxi Gangyuan/Jiangxi Gangyuan. Interested parties that need access to proprietary information in these new shipper reviews should submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are issued and published in accordance with section 751(a) of the Act, 19 CFR 351.214(d) and 19 CFR 351.221(b)(1). Dated: July 18, 2006. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E6–11835 Filed 7–24–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket No.: 060705187–6187–01] National Earthquake Hazards Reduction Program; Advisory Committee on Earthquake Hazards Reduction National Institute of Standards and Technology, Department of Commerce. ACTION: Request for nominations of members to serve on the Advisory Committee on Earthquake Hazards Reduction. AGENCY: SUMMARY: NIST invites and requests nomination of individuals for appointment to the Advisory Committee on Earthquake Hazards Reduction (Committee). This is a new Federal Advisory Committee established pursuant to the National Earthquake Hazards Reduction Program Reauthorization Act. NIST will consider nominations received in response to this notice for appointment to the Committee. E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42084-42085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11835]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-806)


Silicon Metal From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received 
timely requests to conduct new shipper reviews of the antidumping duty 
order on silicon metal from the People's Republic of China (``PRC''). 
In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.214(d), we are initiating reviews 
for Shanghai Jinneng International Trade Co., Ltd. (``Shanghai 
Jinneng'') and Jiangxi Gangyuan Silicon Industry Co., Ltd. (``Jiangxi 
Gangyuan'').

EFFECTIVE DATE: July 25, 2006.

FOR FURTHER INFORMATION CONTACT: P. Lee Smith or Scot T. Fullerton, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of

[[Page 42085]]

Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-1655 or (202) 482-1386, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests from Shanghai Jinneng and 
Jiangxi Gangyuan on June 23, 2006, pursuant to section 751(a)(2)(B) the 
Act, and in accordance with 19 CFR 351.214(c), for new shipper reviews 
of the antidumping duty order on silicon metal from the PRC.\1\ See 
Antidumping Duty Order: Silicon Metal From the People's Republic of 
China, 56 FR 26649 (June 10, 1991).
---------------------------------------------------------------------------

    \1\ Both Shanghai Jinneng and Jiangxi Gangyuan revised claims of 
business proprietary information in their requests for a new shipper 
review in submissions filed on June 23, 2006. These revisions were 
filed in response to a request by the Department. See Letter from 
Christopher D. Riker, Program Manager, AD/CVD Operations, Office 9, 
Import Administration, dated June 20, 2006.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(ii)(A), 
and 19 CFR 351.214(b)(2)(iii)(A), in their requests for review, 
Shanghai Jinneng and Jiangxi Gangyuan certified that they did not 
export the subject merchandise to the United States during the period 
of investigation (``POI'') and that since the initiation of the 
investigation they have never been affiliated with any company which 
exported subject merchandise to the United States during the POI. 
Furthermore, pursuant to 19 CFR 351.214(b)(2)(ii)(B) and 19 CFR 
351.214(b)(2)(iii)(A), Datong Jinneng Industrial Silicon Co., Ltd. 
(``Datong Jinneng''), Shanghai Jinneng's producer, certified that it 
did not export the subject merchandise to the United States during the 
POI and that since the initiation of the investigation it has never 
been affiliated with any company which exported subject merchandise to 
the United States during the POI. Additionally, pursuant to 19 CFR 
351.214(b)(2)(iii)(B), Shanghai Jinneng, Datong Jinneng, and Jiangxi 
Gangyuan further certified that their export activities are not 
controlled by the central government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(iv), Shanghai Jinneng and 
Jiangxi Gangyuan each submitted documentation establishing the 
following: (1) the date on which it first shipped subject merchandise 
for export to the United States and the date on which the subject 
merchandise was first entered, or withdrawn from warehouse, for 
consumption; (2) the volume of its first shipment; and (3) the date of 
its first sale to an unaffiliated customer in the United States.

Initiation of Reviews

    In accordance with section 751(a)(2)(B) of the Act, and 19 CFR 
351.214(d)(1), and based on information on the record, we are 
initiating new shipper reviews for Shanghai Jinneng and Jiangxi 
Gangyuan. See Memoranda to the File through Christopher D. Riker, 
Program Manager, AD/CVD Operations, Office 9, Import Administration, 
from P. Lee Smith, Import Compliance Specialist, AD/CVD Operations, 
Office 9, Import Administration, regarding New Shipper Initiation 
Checklists, dated July 18, 2006. We intend to issue the preliminary 
results of these reviews not later than 180 days after the date on 
which the reviews were initiated, and the final results of these 
reviews within 90 days after the date on which the preliminary results 
are issued.
    Pursuant to 19 CFR 351.214(g)(1)(i)(A), the period of review 
(``POR'') for a new shipper review, initiated in the month immediately 
following the anniversary month, will be the twelve-month period 
immediately preceding the anniversary month. Therefore, the POR for the 
new shipper reviews of Shanghai Jinneng and Jiangxi Gangyuan will be 
June 1, 2005, through May 31, 2006.
    It is the Department's practice to date in cases involving non-
market economies to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue questionnaires to Shanghai Jinneng and Jiangxi Gangyuan, 
including a separate rates section. The reviews will proceed if the 
responses provide sufficient indication that Shanghai Jinneng and 
Jiangxi Gangyuan are not subject to either de jure or de facto 
government control with respect to their exports of freshwater crawfish 
tail meat. However, if the exporter does not demonstrate the company's 
eligibility for a separate rate, then the company will be deemed not 
separate from the PRC-wide entity, which exported during the POI. An 
exporter unable to demonstrate the company's eligibility for a separate 
rate would hence not meet the requirements of CFR 351.214(b)(2)(iii) 
and its new shipper review will be rescinded. See, e.g., Brake Rotors 
From the People's Republic of China: Rescission of Second New Shipper 
Review and Final Results and Partial Rescission of First Antidumping 
Duty Administrative Review, 64 FR 61581 (November 12, 1999).
    In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(e), we will instruct U.S. Customs and Border Protection to 
allow, at the option of the importer, the posting, until the completion 
of the review, of a single entry bond or security in lieu of a cash 
deposit for certain entries of the merchandise exported by either 
Shanghai Jinneng and Jiangxi Gangyuan. We will apply the bonding option 
under 19 CFR 351.107(b)(1)(i) only to entries from the producer/
exporter combination for which these companies have requested a new 
shipper review, i.e., Shanghai Jinneng/Datong Jinneng and Jiangxi 
Gangyuan/Jiangxi Gangyuan.
    Interested parties that need access to proprietary information in 
these new shipper reviews should submit applications for disclosure 
under administrative protective orders in accordance with 19 CFR 
351.305 and 351.306.
    This initiation and notice are issued and published in accordance 
with section 751(a) of the Act, 19 CFR 351.214(d) and 19 CFR 
351.221(b)(1).

    Dated: July 18, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-11835 Filed 7-24-06; 8:45 am]
BILLING CODE 3510-DS-S