Silicomanganese from Brazil, Ukraine, and the People's Republic of China: Continuation of Antidumping Duty Orders, 54272-54273 [E6-15280]
Download as PDF
<![CDATA[
54272
Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Notices
B. Partial Adverse Facts Available for
Constructed Export Price (‘‘CEP’’)
Sales
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.
C. Rate to Apply to SMC
D. AFA for SMC’s Non–Reported Sales
Comment 11: AFA for Iron Bull’s Sales
of Bars/Wedges
Administrative Protective Orders
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
administrative review and notice in
accordance with sections 751(a) and
777(i) of the Act.
Dated: September 5, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration,
Appendix I Decision Memorandum
I. CHANGES SINCE THE
PRELIMINARY RESULTS
II. GENERAL COMMENTS:
rwilkins on PROD1PC63 with NOTICES
Comment 1: Adverse Facts Available
(‘‘AFA’’) for ‘‘Agent’’ Sales
Comment 2: AFA Rate for the Bars/
Wedges Order
Comment 3: Separate Rates for TMC and
SMC
Comment 4: Rejecting the Respondents’
Case Brief
Comment 5: Addition of an HTS
Number to the Scope of the Order
Comment 6: Application of Packing
Materials and the By–product Offset in
the Calculation of Normal Value
Comment 7: Referral to Customs and
Border Protection (‘‘CBP’’) Regarding
Evasion of These Orders by Huarong,
TMC and Iron Bull
Comment 8: Clerical Errors from the
Preliminary Results
A. Calculation of per unit Importer
Assessment Rates
B. SMC Missing Packing Variable
C. CBP Instructions
III. COMPANY–SPECIFIC ISSUES:
Comment 9: Huarong
A. Axes/Adzes Rate
B. Bars/Wedges Rate
Comment 10: SMC
A. Affiliation Determination
VerDate Aug<31>2005
21:22 Sep 13, 2006
Jkt 208001
[FR Doc. E6–15277 Filed 9–13–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–351–824, A–823–805, A–570–828)
Silicomanganese from Brazil, Ukraine,
and the People’s Republic of China:
Continuation of Antidumping Duty
Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
orders on silicomanganese from Brazil,
Ukraine, and the People’s Republic of
China (PRC) would be likely to lead to
continuation or recurrence of dumping
and of material injury to an industry in
the United States within a reasonably
foreseeable time, the Department is
publishing notice of the continuation of
these antidumping duty orders.
EFFECTIVE DATE: September 14, 2006.
FOR FURTHER INFORMATION CONTACT:
Janis Kalnins or Minoo Hatten, Office 5,
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1392 and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 3, 2006, the Department
initiated and the ITC instituted the
second sunset reviews of the
antidumping duty orders on
silicomanganese from Brazil, Ukraine,
and the PRC pursuant to section 751(c)
of the Act of 1930, as amended (the
Act). See Initiation of Five-year (Sunset)
Reviews, 71 FR 91 (January 3, 2006).
As a result of our review, the
Department found that revocation of the
antidumping duty orders would be
likely to lead to continuation or
recurrence of dumping and notified the
ITC of the magnitude of the margins
likely to prevail were the orders to be
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
revoked. See Silicomanganese from
Brazil, Ukraine, and the People’s
Republic of China; Five-year Sunset
Reviews of Antidumping Duty Orders;
Final Results, 71 FR 26927 (May 9,
2006). On September 1, 2006, the ITC
determined pursuant to section 751(c) of
the Act that revocation of the
antidumping duty orders on
silicomanganese from Brazil, Ukraine,
and the PRC would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time. See Silicomanganese from Brazil,
China, and Ukraine, 71 FR 52145
(September 1, 2006), and ITC
Publication 3879 (August 2006) entitled
Silicomanganese from Brazil, China,
and Ukraine: Investigation Nos. 731–
TA–311–314, 317, and 379 (Second
Review).
Scope of the Orders
The merchandise covered by these
orders is silicomanganese.
Silicomanganese, which is sometimes
called ferrosilicon manganese, is a
ferroalloy composed principally of
manganese, silicon and iron, and
normally contains much smaller
proportions of minor elements, such as
carbon, phosphorus, and sulfur.
Silicomanganese generally contains by
weight not less than 4 percent iron,
more than 30 percent manganese, more
than 8 percent silicon, and not more
than 3 percent phosphorous. All
compositions, forms, and sizes of
silicomanganese are included within the
orders, including silicomanganese slag,
fines, and briquettes. Silicomanganese is
used primarily in steel production as a
source of both silicon and manganese.
Silicomanganese is currently
classifiable under subheading
7202.30.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Some silicomanganese may also
currently be classifiable under HTSUS
subheading 7202.99.5040. These orders
cover all silicomanganese, regardless of
its tariff classification. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of these orders
remains dispositive.
Determination
As a result of the determinations by
the Department and ITC that revocation
of these antidumping duty orders would
be likely to lead to continuation or
recurrence of dumping and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department hereby orders
the continuation of the antidumping
E:\FR\FM\14SEN1.SGM
14SEN1
Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Notices
duty orders on silicomanganese from
Brazil, Ukraine, and the PRC.
U.S. Customs and Border Protection
will continue to collect antidumping
duty cash deposits at the rates in effect
at the time of entry for all imports of
subject merchandise.
The effective date of continuation of
these orders will be the date of
publication in the Federal Register of
this Notice of Continuation. Pursuant to
sections 751(c)(2) and 751(c)(6) of the
Act, the Department intends to initiate
the next five-year review of these orders
not later than January 2011.
This notice is in accordance with
sections 751(c) and 777(i)(1) of the Act.
Dated: September 7, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–15280 Filed 9–13–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 091106A]
Atlantic Trawl Gear Take Reduction
Team Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of establishment of an
Atlantic Trawl Gear Take Reduction
Team and meeting.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: NMFS is establishing a Take
Reduction Team (TRT) to address
incidental mortality and serious injury
of long-finned pilot whales
(Globicephala melas), short-finned pilot
whales (Globicephala macrorhynchus),
white-sided dolphins (Lagenorhynchus
acutus), and common dolphins
(Delphinus delphis) in several trawl gear
fisheries in the Atlantic Ocean. The TRT
will develop a Take Reduction Plan
(TRP) as required by section 118 of the
Marine Mammal Protection Act
(MMPA). NMFS will seek input from
the Atlantic Trawl Gear TRT on all
scientific data related to stock structure,
abundance, and human-caused
mortality and serious injury of pilot
whales, white-sided dolphins, and
common dolphins. The TRT will focus
on developing a plan to reduce
incidental catch of these species in
Atlantic trawl gear fisheries to a level
less than the Potential Biological
Removal (PBR) level within 6 months of
implementation of the plan and to a
level approaching a zero mortality and
VerDate Aug<31>2005
20:23 Sep 13, 2006
Jkt 208001
serious injury rate within 5 years of
implementation of the plan.
DATES: The meeting will be held on
September 19, 2006, from 10 a.m. to 5
p.m., on September 20–21, 2006, from
8:30 a.m. to 5 p.m., and on September
22, 2006, from 8:30 a.m. to 2 p.m. in
Providence, RI.
ADDRESSES: The Atlantic Trawl Gear
TRT meeting will be held at the
Providence Courtyard Marriott
Downtown, 32 Exchange Terrace,
Providence, RI 02903. Phone: (401) 272–
1191, Fax: (401) 272–1416.
FOR FURTHER INFORMATION CONTACT:
Mark Minton, NMFS, Northeast Region,
978–281–9300 Ext. 6534,
Mark.Minton@noaa.gov or Melissa
Andersen, NMFS, Office of Protected
Resources, 301–713–2322 Ext. 173,
Melissa.Andersen@noaa.gov.
SUPPLEMENTARY INFORMATION: The
MMPA defines the Potential Biological
Removal (PBR) level of a marine
mammal stock as the maximum number
of animals, not including natural
mortalities, that may be removed from a
marine mammal stock while allowing
that stock to reach or maintain its
optimum sustainable population. The
PBR level is the product of the following
factors: the minimum population
estimate of the stock; one-half the
maximum theoretical or estimated net
productivity rate of the stock at a small
population size; and a recovery factor of
between 0.1 and 1.0.
The Western North Atlantic stocks of
long-finned and short-finned pilot
whales (Globicephala sp.) were
designated as non-strategic in the 2005
marine mammal stock assessment report
(Waring et al., 2006) because fisheryrelated serious injuries and mortalities
are less than PBR. The 2005 stock
assessment report indicates that the PBR
for the combined stock of long-finned
and short-finned pilot whales
(Globicephala sp.) is 239, and that total
fishery-related mortality and serious
injury is 210. The Western North
Atlantic (WNA) stock of white-sided
dolphin (Lagenorhynchus acutus) is
designated as non-strategic in the 2005
marine mammal stock assessment report
(Waring et al., 2006) because fisheryrelated serious injuries and mortalities
are less than PBR. The 2005 stock
assessment report indicates that the PBR
for the WNA stock of white-sided
dolphins is 364 and that total fisheryrelated mortality and serious injury is
38.
The Western North Atlantic stock of
common dolphin (Delphinus delphis) is
designated as non-strategic in the 2005
marine mammal stock assessment report
(Waring et al., 2006) because fishery-
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
54273
related serious injuries and mortalities
are less than PBR. The 2005 stock
assessment report indicates that the PBR
for the WNA stock of common dolphin
is 960 and that total fishery-related
mortality and serious injury is 119.
For non-strategic stocks, section 118
of the MMPA calls for a take reduction
plan to be completed within 11 months
of the establishment of the team, and to
focus in this case, on reducing
incidental mortalities and serious
injuries of pilot whales, white-sided
dolphins and common dolphins to a
level approaching a zero mortality and
serious injury rate within 5 years of
implementation of the plan.
All three species of marine mammals
are known to interact with the MidAtlantic Mid-water Trawl fishery, which
is classified on the MMPA List of
Fisheries (LOF) as a Category I fishery
(i.e., one that has frequent incidental
mortalities or serious injuries of marine
mammals). All three species of marine
mammals are also known to interact
with the Mid-Atlantic Bottom Trawl,
Northeast Mid-water Trawl, and the
Northeast Bottom Trawl fisheries, which
are classified as Category II fisheries
(i.e., those that have annual mortality
and serious injury greater than 1 percent
and less than 50 percent of the PBR
level) on the MMPA LOF.
Other commercial fisheries known to
occasionally cause incidental mortality
and serious injury of pilot whales,
white-sided dolphins, and common
dolphins include the pelagic longline
fishery (excluding the Northeast distant
water fishery) and the Northeast
Multispecies Sink Gillnet fishery.
Section 118 (f)(8) of the MMPA calls
on the TRT to develop a draft TRP by
consensus, and to submit this draft TRP
to NMFS not later than 11 months after
the date of the establishment of the TRT.
The Secretary is then to consider the
TRP, and no later than 60 days after the
submission of the draft TRP, NMFS is to
publish in the Federal Register the TRP
and any implementing regulations
proposed by the team for a public
comment period not to exceed 90 days.
Within 60 days of the close of the
comment period, NMFS is to issue a
final TRP and any implementing
regulations.
List of invited participants: MMPA
section 118 (f)(6)(c) requires that
members of TRTs have expertise
regarding the conservation or biology of
the marine mammal species that the
TRP will address, or the fishing
practices that result in the incidental
mortality or serious injury of such
species. Section 118 requires that TRTs,
to the maximum extent practicable,
consist of an equitable balance among
E:\FR\FM\14SEN1.SGM
14SEN1
]]>Agencies
[Federal Register Volume 71, Number 178 (Thursday, September 14, 2006)]
[Notices]
[Pages 54272-54273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15280]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-351-824, A-823-805, A-570-828)
Silicomanganese from Brazil, Ukraine, and the People's Republic
of China: Continuation of Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC)
that revocation of the antidumping duty orders on silicomanganese from
Brazil, Ukraine, and the People's Republic of China (PRC) would be
likely to lead to continuation or recurrence of dumping and of material
injury to an industry in the United States within a reasonably
foreseeable time, the Department is publishing notice of the
continuation of these antidumping duty orders.
EFFECTIVE DATE: September 14, 2006.
FOR FURTHER INFORMATION CONTACT: Janis Kalnins or Minoo Hatten, Office
5, AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230; telephone: (202) 482-1392 and (202)
482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2006, the Department initiated and the ITC instituted
the second sunset reviews of the antidumping duty orders on
silicomanganese from Brazil, Ukraine, and the PRC pursuant to section
751(c) of the Act of 1930, as amended (the Act). See Initiation of
Five-year (Sunset) Reviews, 71 FR 91 (January 3, 2006).
As a result of our review, the Department found that revocation of
the antidumping duty orders would be likely to lead to continuation or
recurrence of dumping and notified the ITC of the magnitude of the
margins likely to prevail were the orders to be revoked. See
Silicomanganese from Brazil, Ukraine, and the People's Republic of
China; Five-year Sunset Reviews of Antidumping Duty Orders; Final
Results, 71 FR 26927 (May 9, 2006). On September 1, 2006, the ITC
determined pursuant to section 751(c) of the Act that revocation of the
antidumping duty orders on silicomanganese from Brazil, Ukraine, and
the PRC would be likely to lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time. See Silicomanganese from Brazil, China, and Ukraine,
71 FR 52145 (September 1, 2006), and ITC Publication 3879 (August 2006)
entitled Silicomanganese from Brazil, China, and Ukraine: Investigation
Nos. 731-TA-311-314, 317, and 379 (Second Review).
Scope of the Orders
The merchandise covered by these orders is silicomanganese.
Silicomanganese, which is sometimes called ferrosilicon manganese, is a
ferroalloy composed principally of manganese, silicon and iron, and
normally contains much smaller proportions of minor elements, such as
carbon, phosphorus, and sulfur. Silicomanganese generally contains by
weight not less than 4 percent iron, more than 30 percent manganese,
more than 8 percent silicon, and not more than 3 percent phosphorous.
All compositions, forms, and sizes of silicomanganese are included
within the orders, including silicomanganese slag, fines, and
briquettes. Silicomanganese is used primarily in steel production as a
source of both silicon and manganese.
Silicomanganese is currently classifiable under subheading
7202.30.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Some silicomanganese may also currently be classifiable under
HTSUS subheading 7202.99.5040. These orders cover all silicomanganese,
regardless of its tariff classification. Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of these orders remains dispositive.
Determination
As a result of the determinations by the Department and ITC that
revocation of these antidumping duty orders would be likely to lead to
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
[[Page 54273]]
duty orders on silicomanganese from Brazil, Ukraine, and the PRC.
U.S. Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of continuation of these orders will be the date
of publication in the Federal Register of this Notice of Continuation.
Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department
intends to initiate the next five-year review of these orders not later
than January 2011.
This notice is in accordance with sections 751(c) and 777(i)(1) of
the Act.
Dated: September 7, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-15280 Filed 9-13-06; 8:45 am]
BILLING CODE 3510-DS-S
