Silicon Metal from the People's Republic of China: Continuation of Antidumping Duty Order, 76636-76637 [E6-21849]

Download as PDF 76636 Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices HTS item numbers are provided for convenience and for customs purposes, the written description remains dispositive. sroberts on PROD1PC70 with NOTICES Background On February 16, 2001, the Department of Commerce (the Department) published the continuation of the antidumping duty order on silicon metal from Brazil resulting from the first sunset review of this order. See Continuation of Antidumping Duty Orders on Silicon Metal From Brazil and China and on Silicomanganese From Brazil and China, and Continuation of Suspended Antidumping Duty Investigation on Silicomanganese From Ukraine, 66 FR 10669 (February 16, 2001). Pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.218, the Department initiated and the International Trade Commission (ITC) instituted the second sunset review of the order on silicon metal from Brazil on January 3, 2006. See Initiation of Five–Year (Sunset) Reviews, 71 FR 91 (January 3, 2006); Institution of Five–Year Reviews Concerning the Antidumping Duty Orders on Silicon Metal from Brazil and China, 71 FR 138 (January 3, 2006). As a result of its review, the Department found that revocation of the order would likely lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margin likely to prevail were the order to be revoked. See Silicon Metal from the People’s Republic of China and Brazil: Final Results of the Expedited Reviews of the Antidumping Duty Orders, 71 FR 26334 (May 4, 2006). On December 11, 2006, the ITC determined pursuant to section 751(c) of the Act that revocation of the antidumping duty order on silicon metal from Brazil would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Silicon Metal From Brazil and China, 71 FR 71554 (December 11, 2006), and ITC Publication 3892 (December 2006) entitled Certain Silicon Metal from Brazil and China: Investigation Nos. 731–TA–471 and 472 (Second Review). Determination to Revoke As a result of the determination by the ITC that revocation of this antidumping duty order is not likely to lead to continuation or recurrence of material injury to an industry in the United States, the Department is revoking the order on silicon metal from Brazil, pursuant to section 751(d) of the Act. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective VerDate Aug<31>2005 17:01 Dec 20, 2006 Jkt 211001 date of revocation is February 16, 2006 (i.e., the fifth anniversary of the date of publication in the Federal Register of the notice of continuation of the antidumping duty order). The Department will notify U.S. Customs and Border Protection to discontinue suspension of liquidation and collection of cash deposits on entries of the subject merchandise entered or withdrawn from warehouse on or after February 16, 2006, the effective date of revocation of the antidumping duty order. The Department will complete any pending administrative reviews of this order and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. This five–year sunset review and notice are in accordance with section 751(d)(2) and published pursuant to section 777(i)(1) of the Act. Dated: December 14, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–21848 Filed 12–20–06; 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: Continuation of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty order on silicon metal from the People’s Republic of China (‘‘PRC’’) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of the antidumping duty order. EFFECTIVE DATE: December 21, 2006. FOR FURTHER INFORMATION CONTACT: FOR INFORMATION CONTACT: Michael Quigley or Juanita Chen, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482–4047 or (202) 482–1904. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Background 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 Tariff Act of 1930, as amended (‘‘Act’’). See Initiation of Five-year (‘‘Sunset’’) Reviews, 71 FR 91 (January 3, 2006). As a result of its review, the Department found that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping, and notified the ITC of the magnitude of margins likely to prevail were the orders to be revoked. See Silicon Metal from the People’s Republic of China and Brazil: Final Results of the Expedited Reviews of the Antidumping Duty Orders, 71 FR 26334 (May 4, 2006). On November 15, 2006, the ITC determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on silicon metal from the PRC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, but that revoking the existing antidumping duty order on silicon metal from Brazil would not. See Silicon Metal From Brazil and China, 71 FR 71554 (December 11, 2006); see also Silicon Metal From Brazil and China, (Investigations Nos. 731–TA–471 and 472 (Second Review)), Publication 3892 (December 2006). Scope of the PRC Order The merchandise covered by this order is silicon metal containing at least 96.00 but less than 99.99 percent of silicon by weight. All of the foregoing are constructed of steel and are enameled or glazed with vitreous glasses. The merchandise is currently classifiable 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. HTSUS items numbers are provided for convenience and customs purposes. The written description of the scope remains dispositive. In response to a request from petitioners, on February 3, 1993, the Department clarified that silicon metal, with a high aluminum content and a silicon content of at least 89.00 percent but less than 99.99 percent, is within the scope of the order. See Notice of Scope Rulings, 58 FR 27542 (May 10, 1993). Determination As a result of the determinations by the Department and the ITC that revocation of the antidumping duty E:\FR\FM\21DEN1.SGM 21DEN1 Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices order on silicon metal from the PRC would likely 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 duty order on silicon metal from 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 this order will be the date of publication in the Federal Register of this Notice of Continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of this order not later than November 2011. This five-year (sunset) review and notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: December 14, 2006. David M. Spooner Assistant Secretary for Import Administration [FR Doc. E6–21849 Filed 12–20–06; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–848 Notice of Extension of the Preliminary Results of New Shipper Antidumping Duty Reviews: Silicon Metal from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 21, 2006. FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Mike Quigley, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1386 and (202) 482–4047, respectively. SUPPLEMENTARY INFORMATION: sroberts on PROD1PC70 with NOTICES AGENCY: Background The Department received timely requests from Shanghai Jinneng International Trade Co., Ltd. (‘‘Shanghai Jinneng’’) and Jiangxi Gangyuan Silicon Industry Co., Ltd. (‘‘Jiangxi Gangyuan’’) in accordance with 19 CFR 351.214(c) for new shipper reviews of the antidumping duty order on silicon metal from the People’s Republic of China. On July 25, 2006, the Department VerDate Aug<31>2005 17:01 Dec 20, 2006 Jkt 211001 found that the requests for review with respect to Shanghai Jinneng and Jiangxi Guangyuan met all of the regulatory requirements set forth in 19 CFR 351.214(b) and initiated these new shipper antidumping duty reviews covering the period June 1, 2005, through May 30, 2006. See Silicon Metal From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 71 FR 42084 (July 25, 2006). 76637 Dated: December 14, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–21851 Filed 12–20–06; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Extension of Time Limits for Preliminary Results Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In– Quota Rate of Duty Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(i)(1) require the Department to issue the preliminary results of a new shipper review within 180 days after the date on which the new shipper review was initiated and final results of a review within 90 days after the date on which the preliminary results were issued. The Department may, however, extend the deadline for completion of the preliminary results of a new shipper review to 300 days if it determines that the case is extraordinarily complicated. See 19 CFR 351.214(i)(2). The Department has determined that the review is extraordinarily complicated as the Department must gather additional publicly available information on surrogate values to use for a highly complex and technical process involving specialized inputs, evaluate the complex corporate structures of both respondents, issue additional supplemental questionnaires, and conduct verifications of both respondents. Based on the timing of the case and the additional information that must be gathered and verified, the preliminary results of this new shipper review cannot be completed within the statutory time limit of 180 days. Accordingly, the Department is extending the time limit for the completion of the preliminary results of the new shipper reviews of Shanghai Jinneng and Jiangxi Guangyuan by 120 days from the original January 14, 2007, deadline. The preliminary results for both new shipper reviews will now be due May 14, 2007, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2). The final results will, in turn, be due 90 days after the date of issuance of the preliminary results, unless extended. This notice is published pursuant to sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act. Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 21, 2006. FOR FURTHER INFORMATION CONTACT: Maura Jeffords or Eric Greynolds, AD/ CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW, Washington, DC 20230, telephone: (202) 482–3146 or 6071, respectively. SUPPLEMENTARY INFORMATION: Section 702 of the Trade Agreements Act of 1979 (as amended) (‘‘the Act’’) requires the Department of Commerce (‘‘the Department’’) to determine, in consultation with the Secretary of Agriculture, whether any foreign government is providing a subsidy with respect to any article of cheese subject to an in–quota rate of duty, as defined in section 702(h) of the Act, and to publish an annual list and quarterly updates of the type and amount of those subsidies. We hereby provide the Department’s quarterly update of subsidies on articles of cheese that were imported during the period July 1, 2006, through September 30, 2006. The Department has developed, in consultation with the Secretary of Agriculture, information on subsidies (as defined in section 702(h) of the Act) being provided either directly or indirectly by foreign governments on articles of cheese subject to an in–quota rate of duty. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. The Department will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed. The Department encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Pages 76636-76637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21849]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-806)


Silicon Metal from the People's Republic of China: Continuation 
of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty order on silicon 
metal from the People's Republic of China (``PRC'') would likely lead 
to continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing this notice 
of continuation of the antidumping duty order.

EFFECTIVE DATE: December 21, 2006.

FOR FURTHER INFORMATION CONTACT: FOR INFORMATION CONTACT: Michael 
Quigley or Juanita Chen, AD/CVD Operations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: 
(202) 482-4047 or (202) 482-1904.

SUPPLEMENTARY INFORMATION:

Background

    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 Tariff Act of 1930, as amended 
(``Act''). See Initiation of Five-year (``Sunset'') Reviews, 71 FR 91 
(January 3, 2006). As a result of its review, the Department found that 
revocation of the antidumping duty orders would likely lead to 
continuation or recurrence of dumping, and notified the ITC of the 
magnitude of margins likely to prevail were the orders to be revoked. 
See Silicon Metal from the People's Republic of China and Brazil: Final 
Results of the Expedited Reviews of the Antidumping Duty Orders, 71 FR 
26334 (May 4, 2006). On November 15, 2006, the ITC determined, pursuant 
to section 751(c) of the Act, that revocation of the antidumping duty 
order on silicon metal from the PRC would likely lead to continuation 
or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time, but that revoking the existing 
antidumping duty order on silicon metal from Brazil would not. See 
Silicon Metal From Brazil and China, 71 FR 71554 (December 11, 2006); 
see also Silicon Metal From Brazil and China, (Investigations Nos. 731-
TA-471 and 472 (Second Review)), Publication 3892 (December 2006).

Scope of the PRC Order

    The merchandise covered by this order is silicon metal containing 
at least 96.00 but less than 99.99 percent of silicon by weight. All of 
the foregoing are constructed of steel and are enameled or glazed with 
vitreous glasses. The merchandise is currently classifiable 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. HTSUS items numbers are provided for 
convenience and customs purposes. The written description of the scope 
remains dispositive.
    In response to a request from petitioners, on February 3, 1993, the 
Department clarified that silicon metal, with a high aluminum content 
and a silicon content of at least 89.00 percent but less than 99.99 
percent, is within the scope of the order. See Notice of Scope Rulings, 
58 FR 27542 (May 10, 1993).

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty

[[Page 76637]]

order on silicon metal from the PRC would likely 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 duty order on silicon 
metal from 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 this order will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to section 751(c)(2) of the Act, the Department intends to 
initiate the next five-year review of this order not later than 
November 2011.
    This five-year (sunset) review and notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: December 14, 2006.
David M. Spooner
Assistant Secretary for Import Administration
[FR Doc. E6-21849 Filed 12-20-06; 8:45 am]
Billing Code: 3510-DS-S