Silicon Metal from the People's Republic of China: Notice of Final Results of 2005/2006 New Shipper Reviews, 58641-58642 [E7-20344]
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Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Notices
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 162.14
percent. This rate is the ‘‘All Others’’
rate from the amended final
determination in the LTFV
investigation. See Amended Final
Determination and Antidumping Duty
Order; Certain Forged Stainless Steel
Flanges From India, 59 FR 5994
(February 9, 1994). These cash deposit
requirements shall remain in effect until
further notice.
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping or countervailing 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 or countervailing 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. 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
violation which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act
and 19 CFR 351.221(b)(5).
Dated: October 9, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–20347 Filed 10–15–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
mmaher on PROD1PC70 with NOTICES
A–570–806
Silicon Metal from the People’s
Republic of China: Notice of Final
Results of 2005/2006 New Shipper
Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 21, 2007, the
Department of Commerce (‘‘the
AGENCY:
VerDate Aug<31>2005
04:12 Oct 16, 2007
Jkt 214001
Department’’) published the preliminary
results of its new shipper reviews of the
antidumping duty order on silicon
metal from the People’s Republic of
China (‘‘PRC’’). See Silicon Metal From
the People’s Republic of China:
Preliminary Results of the 2005/2006
New Shipper Reviews, 72 FR 28467
(May 21, 2007) (Preliminary Results).
Based on our analysis of the record,
including information obtained since
the preliminary results, we have made
changes to the margin calculations for
both Jiangxi Gangyuan Silicon Industry
Co. Ltd. (‘‘Jiangxi Gangyuan’’) and
Shanghai Jinneng International Trade
Co., Ltd.(Shanghai Jinneng’’). See Final
Results of Review section, below.
EFFECTIVE DATE: October 16, 2007.
FOR FURTHER INFORMATION CONTACT: Scot
Fullerton or Michael 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 or (202) 482–
4047, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2007, the Department
published the preliminary results of its
new shipper reviews of the antidumping
duty order on silicon metal from the
PRC, and invited parties to comment on
the preliminary results. See Preliminary
Results. The new shipper reviews cover
one exporter, Shanghai Jinneng and its
affiliated producer, Datong Jinneng
Industrial Silicon Co., Inc. (‘‘Datong
Jinneng’’), and one producer/exporter:
Jiangxi Gangyuan (hereinafter
collectively ‘‘Respondents’’). See
Preliminary Results. The period of
review (‘‘POR’’) for these new shipper
reviews is June 1, 2005, through May 31,
2006.
On June 11, 2007, we received
additional data from both Respondents
and Globe Metallurgical Inc.
(‘‘Petitioner’’) regarding factors of
production. On June 25, 2007, we
received Respondents’ case brief, and on
June 26, 2007, we received Petitioner’s
case brief. On July 2, 2007, we received
the Respondents’ rebuttal brief, and on
July 3, 2007, we received the
Petitioner’s rebuttal brief. On July 30,
2007, we held both a public and a
closed hearing, and the transcripts of
these hearings were placed on the
record on August 6, 2007.
Scope of the Order
The product covered by the order and
this review is silicon metal containing at
least 96.00 but less than 99.99 percent
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
58641
of silicon by weight, and silicon metal
with a higher aluminum content
containing between 89 and 96 percent
silicon by weight. The merchandise
under investigation is currently
classifiable under item numbers
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 of silicon and
provided for in subheading 2804.61.00
of the HTSUS) is not subject to this
order. This order is not limited to
silicon metal used only as an alloy agent
or in the chemical industry. Although
the HTSUS subheading is provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.
New Shipper Status
For these final results, no party has
contested the bona fides of either
Respondent’s sales, therefore we
continue to find, as in the Preliminary
Results, that both Respondents have met
the requirements to qualify as a new
shipper during the POR and that the
Respondents’ sale of silicon metal to the
United States is an appropriate
transaction for a new shipper.
Changes Since the Preliminary Results
Based on the comments received from
the interested parties, we have made
changes to the margin calculation for
both Jiangxi Gangyuan and Shanghai
Jinneng.
Analysis of Comments Received
In the case and rebuttal briefs
received from the parties after the
Preliminary Results, we received
comments on several issues, including
the surrogate country selection and
surrogate values used to value (1)
electricity and (2) overhead, selling,
general and administrative expenses,
and profit . All issues raised in the case
briefs are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues raised, all of which are in the
Issues and Decision Memorandum, is
attached to this notice as Appendix I.
Parties can find a complete discussion
of all issues raised in the briefs and the
corresponding recommendations in this
public memorandum on file in the
Central Records Unit (‘‘CRU’’), room B–
099 of the Herbert C. Hoover Building.
In addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
<https://ia.ita.doc.gov>. The paper copy
and electronic version of the Issues and
E:\FR\FM\16OCN1.SGM
16OCN1
58642
Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Notices
Decision Memorandum are identical in
content.
Cash Deposits
The following cash–deposit
requirements will be effective upon
publication of the final results of these
new shipper reviews for all shipments
of subject merchandise from Shanghai
Jinneng and Jiangxi Gangyuan entered,
SILICON METAL FROM THE PRC
or withdrawn from warehouse, for
Weighted– consumption on or after the publication
Average
date, as provided by section 751 (a) (2)
Manufacturer/Exporter
Margin
(C) of the Tariff Act of 1930, as amended
(Percent)
(‘‘the Act’’): (1) For subject merchandise
produced and exported by Jiangxi
Shanghai Jinneng International
Trade Company Ltd. ...............
7.93 Gangyuan, or produced by Datong
Jiangxi Gangyuan Silicon IndusJinneng and exported by Shanghhai
try Co. Ltd. ..............................
50.62 Jinneng, the cash–deposit rate will be
PRC–wide Rate ..........................
139.49 that established in the final results of
these reviews; (2) for subject
For details on the calculation of the
merchandise exported by Shanghai
antidumping duty margin for Shanghai
Jinneng but not manufactured by Datong
Jinneng, see Memorandum to the File,
Jinneng, the cash deposit rate will
through Scot T. Fullerton, Program
continue to be the PRC–wide rate (i.e.,
Manager, from Michael Quigley,
139.49 percent); and (3) for subject
International Trade Analyst, regarding
merchandise exported by Shanghai
Silicon Metal from the People’s
Jinneng, but manufactured by any other
Republic of China - Analysis
party, the cash deposit rate will be the
Memorandum for the Final Results of
PRC–wide rate (i.e., 139.49 percent).
New Shipper Review of Shanghai
Notification to Importers
Jinneng International Trade Company
Ltd. (October 9, 2007). A public version
This notice serves as a final reminder
of this memorandum is on file in the
to importers of their responsibility
CRU.
under 19 CFR 351.402(f)(2) to file a
For details on the calculation of the
certificate regarding the reimbursement
antidumping duty margin for Jiangxi
Gangyuan, see Memorandum to the File, of antidumping duties prior to
liquidation of the relevant entries
through Scot T. Fullerton, Program
during this review period. Failure to
Manager, from Michael Quigley,
comply with this requirement could
International Trade Analyst, regarding
result in the Secretary’s presumption
Silicon Metal from the People’s
that reimbursement of antidumping
Republic of China - Analysis
duties occurred and the subsequent
Memorandum for the Final Results of
assessment of double antidumping
New Shipper Review of Jiangxi
duties.
Gangyuan Silicon Industry Co.
These reviews and notice are in
Ltd.(October 9, 2007). A public version
accordance with sections 751(a)(1),
of this memorandum is also on file in
751(a)(2) and 777(i)(1) of the Act and 19
the CRU.
CFR 351.221(b)(5).
Assessment of Antidumping Duties
Dated: October 9, 2007.
The Department will determine, and
David M. Spooner,
U.S. Customs and Border patrol (‘‘CBP’’)
Assistant Secretary for Import
shall assess, antidumping duties on all
Administration.
appropriate entries. The Department
intends to issue assessment instructions Appendix I
to CBP 15 days after the date of
General Issues
publication of these final results of
review. For assessment purposes for
Comment 1: Selection of Surrogate
companies with a calculated rate, where Country
possible, we calculated importer–
Comment 2: Electricity Valuation
specific assessment rates for silicon
metal from the PRC via ad valorem duty Comment 3: Selection of Financial
Statements
assessment rates based on the ratio of
Comment 4: Quartz Valuation
the total amount of the dumping
margins calculated for the examined
Comment 5: Silica Fume By–Product
sales to the total entered value of those
Valuation
same sales during the POR. We will
Comment 6: Steam Coal Valuation
instruct CBP to assess antidumping
duties on all appropriate entries covered Comment 7: Charcoal Valuation
by this review.
Comment 8: Electrode Usage
mmaher on PROD1PC70 with NOTICES
Final Results of Review
We determine that the following
antidumping duty margins exist:
VerDate Aug<31>2005
04:12 Oct 16, 2007
Jkt 214001
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Company–Specific Issues: Jiangxi
Gangyuan
Comment 9: Clerical Errors in
Calculating Freight
Comment 10: June 2005 Electricity
Consumption
Comment 11: Work–In-Process
Inventory
Comment 12: Silica Fume Offset During
POR
Company–Specific Issues: Shanghai
Jinneng / Datong Jinneng
Comment 13: Silicon Metal Fines
Valuation
Comment 14: Packing Bags Valuation
Comment 15: High Aluminum Quartz
Comment 16: Quartz Yield Loss
Comment 17: Instructions to Customs
[FR Doc. E7–20344 Filed 10–15–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–894
Certain Tissue Paper Products from
the People’s Republic of China: Final
Results and Final Rescission, In Part,
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 9, 2007, the U.S.
Department of Commerce (the
Department) published the preliminary
results of the first administrative review
of the antidumping duty order on
certain tissue paper products (tissue
paper) from the People’s Republic of
China (PRC). See Certain Tissue Paper
Products from the People’s Republic of
China: Preliminary Results and
Preliminary Rescission, In Part, of
Antidumping Duty Administrative
Review, 72 FR 17477, (April 9, 2007)
(Preliminary Results). This review
covers the following exporters and/or
producer/exporters: (1) Max Fortune
Industrial Limited and Max Fortune
(FETDE) Paper Products Co., Ltd.
(collectively, Max Fortune); (2) Samsam
Productions Ltd. and Guangzhou Baxi
Printing Products Co., Ltd. (Guangzhou
Baxi) (collectively, Samsam); (3) Foshan
Sansico Co., Ltd., PT Grafitecindo
Ciptaprima, PT Printec Perkasa, PT
Printec Perkasa II, PT Sansico Utama,
Sansico Asia Pacific Limited
(collectively, the Sansico Group); (4)
Vietnam Quijiang Paper Co., Ltd.
(Quijiang); (5) China National Aero–
Technology Import & Export Xiamen
Corp. (China National); (6) Putian City
Hong Ye Paper Products Co., Ltd. (Hong
AGENCY:
E:\FR\FM\16OCN1.SGM
16OCN1
]]>Agencies
[Federal Register Volume 72, Number 199 (Tuesday, October 16, 2007)]
[Notices]
[Pages 58641-58642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20344]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-806
Silicon Metal from the People's Republic of China: Notice of
Final Results of 2005/2006 New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 21, 2007, the Department of Commerce (``the
Department'') published the preliminary results of its new shipper
reviews of the antidumping duty order on silicon metal from the
People's Republic of China (``PRC''). See Silicon Metal From the
People's Republic of China: Preliminary Results of the 2005/2006 New
Shipper Reviews, 72 FR 28467 (May 21, 2007) (Preliminary Results).
Based on our analysis of the record, including information obtained
since the preliminary results, we have made changes to the margin
calculations for both Jiangxi Gangyuan Silicon Industry Co. Ltd.
(``Jiangxi Gangyuan'') and Shanghai Jinneng International Trade Co.,
Ltd.(Shanghai Jinneng''). See Final Results of Review section, below.
EFFECTIVE DATE: October 16, 2007.
FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Michael 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 or (202) 482-4047, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2007, the Department published the preliminary results
of its new shipper reviews of the antidumping duty order on silicon
metal from the PRC, and invited parties to comment on the preliminary
results. See Preliminary Results. The new shipper reviews cover one
exporter, Shanghai Jinneng and its affiliated producer, Datong Jinneng
Industrial Silicon Co., Inc. (``Datong Jinneng''), and one producer/
exporter: Jiangxi Gangyuan (hereinafter collectively ``Respondents'').
See Preliminary Results. The period of review (``POR'') for these new
shipper reviews is June 1, 2005, through May 31, 2006.
On June 11, 2007, we received additional data from both Respondents
and Globe Metallurgical Inc. (``Petitioner'') regarding factors of
production. On June 25, 2007, we received Respondents' case brief, and
on June 26, 2007, we received Petitioner's case brief. On July 2, 2007,
we received the Respondents' rebuttal brief, and on July 3, 2007, we
received the Petitioner's rebuttal brief. On July 30, 2007, we held
both a public and a closed hearing, and the transcripts of these
hearings were placed on the record on August 6, 2007.
Scope of the Order
The product covered by the order and this review is silicon metal
containing at least 96.00 but less than 99.99 percent of silicon by
weight, and silicon metal with a higher aluminum content containing
between 89 and 96 percent silicon by weight. The merchandise under
investigation is currently classifiable under item numbers 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 of silicon and provided for in subheading
2804.61.00 of the HTSUS) is not subject to this order. This order is
not limited to silicon metal used only as an alloy agent or in the
chemical industry. Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
merchandise is dispositive.
New Shipper Status
For these final results, no party has contested the bona fides of
either Respondent's sales, therefore we continue to find, as in the
Preliminary Results, that both Respondents have met the requirements to
qualify as a new shipper during the POR and that the Respondents' sale
of silicon metal to the United States is an appropriate transaction for
a new shipper.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made changes to the margin calculation for both Jiangxi Gangyuan and
Shanghai Jinneng.
Analysis of Comments Received
In the case and rebuttal briefs received from the parties after the
Preliminary Results, we received comments on several issues, including
the surrogate country selection and surrogate values used to value (1)
electricity and (2) overhead, selling, general and administrative
expenses, and profit . All issues raised in the case briefs are
addressed in the Issues and Decision Memorandum, which is hereby
adopted by this notice. A list of the issues raised, all of which are
in the Issues and Decision Memorandum, is attached to this notice as
Appendix I. Parties can find a complete discussion of all issues raised
in the briefs and the corresponding recommendations in this public
memorandum on file in the Central Records Unit (``CRU''), room B-099 of
the Herbert C. Hoover Building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Web at
<https://ia.ita.doc.gov>. The paper copy and electronic version of the
Issues and
[[Page 58642]]
Decision Memorandum are identical in content.
Final Results of Review
We determine that the following antidumping duty margins exist:
Silicon Metal from the PRC
------------------------------------------------------------------------
Weighted-
Manufacturer/Exporter Average Margin
(Percent)
------------------------------------------------------------------------
Shanghai Jinneng International Trade Company Ltd....... 7.93
Jiangxi Gangyuan Silicon Industry Co. Ltd.............. 50.62
PRC-wide Rate.......................................... 139.49
------------------------------------------------------------------------
For details on the calculation of the antidumping duty margin for
Shanghai Jinneng, see Memorandum to the File, through Scot T.
Fullerton, Program Manager, from Michael Quigley, International Trade
Analyst, regarding Silicon Metal from the People's Republic of China -
Analysis Memorandum for the Final Results of New Shipper Review of
Shanghai Jinneng International Trade Company Ltd. (October 9, 2007). A
public version of this memorandum is on file in the CRU.
For details on the calculation of the antidumping duty margin for
Jiangxi Gangyuan, see Memorandum to the File, through Scot T.
Fullerton, Program Manager, from Michael Quigley, International Trade
Analyst, regarding Silicon Metal from the People's Republic of China -
Analysis Memorandum for the Final Results of New Shipper Review of
Jiangxi Gangyuan Silicon Industry Co. Ltd.(October 9, 2007). A public
version of this memorandum is also on file in the CRU.
Assessment of Antidumping Duties
The Department will determine, and U.S. Customs and Border patrol
(``CBP'') shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review. For
assessment purposes for companies with a calculated rate, where
possible, we calculated importer-specific assessment rates for silicon
metal from the PRC via ad valorem duty assessment rates based on the
ratio of the total amount of the dumping margins calculated for the
examined sales to the total entered value of those same sales during
the POR. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review.
Cash Deposits
The following cash-deposit requirements will be effective upon
publication of the final results of these new shipper reviews for all
shipments of subject merchandise from Shanghai Jinneng and Jiangxi
Gangyuan entered, or withdrawn from warehouse, for consumption on or
after the publication date, as provided by section 751 (a) (2) (C) of
the Tariff Act of 1930, as amended (``the Act''): (1) For subject
merchandise produced and exported by Jiangxi Gangyuan, or produced by
Datong Jinneng and exported by Shanghhai Jinneng, the cash-deposit rate
will be that established in the final results of these reviews; (2) for
subject merchandise exported by Shanghai Jinneng but not manufactured
by Datong Jinneng, the cash deposit rate will continue to be the PRC-
wide rate (i.e., 139.49 percent); and (3) for subject merchandise
exported by Shanghai Jinneng, but manufactured by any other party, the
cash deposit rate will be the PRC-wide rate (i.e., 139.49 percent).
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties.
These reviews and notice are in accordance with sections 751(a)(1),
751(a)(2) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: October 9, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
General Issues
Comment 1: Selection of Surrogate Country
Comment 2: Electricity Valuation
Comment 3: Selection of Financial Statements
Comment 4: Quartz Valuation
Comment 5: Silica Fume By-Product Valuation
Comment 6: Steam Coal Valuation
Comment 7: Charcoal Valuation
Comment 8: Electrode Usage
Company-Specific Issues: Jiangxi Gangyuan
Comment 9: Clerical Errors in Calculating Freight
Comment 10: June 2005 Electricity Consumption
Comment 11: Work-In-Process Inventory
Comment 12: Silica Fume Offset During POR
Company-Specific Issues: Shanghai Jinneng / Datong Jinneng
Comment 13: Silicon Metal Fines Valuation
Comment 14: Packing Bags Valuation
Comment 15: High Aluminum Quartz
Comment 16: Quartz Yield Loss
Comment 17: Instructions to Customs
[FR Doc. E7-20344 Filed 10-15-07; 8:45 am]
BILLING CODE 3510-DS-S
