Silicon Metal From the Russian Federation: Final Results of Expedited Sunset Review of Antidumping Duty Order, 31064 [E8-12104]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 73, Number 105 (Friday, May 30, 2008)]
[Notices]
[Page 31064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12104]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-817]


Silicon Metal From the Russian Federation: Final Results of 
Expedited Sunset Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 1, 2008, the Department of Commerce (the 
Department) initiated a sunset review of the antidumping duty order on 
silicon metal from the Russian Federation (Russia), pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation 
of Five-Year (``Sunset'') Reviews, 73 FR 6128 (February 1, 2008) 
(Sunset Initiation); see also Antidumping Duty Order: Silicon Metal 
from Russia, 68 FR 14578 (March 26, 2003); and Silicon Metal from the 
Russian Federation: Notice of Amended Final Determination Pursuant to 
Court Decision, 71 FR 8277 (February 16, 2006). Based on the notice of 
intent to participate, and an adequate substantive response filed on 
behalf of a domestic interested party, and the lack of a response from 
any respondent interested parties, the Department conducted an 
expedited sunset review of the antidumping duty order, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As 
a result of this sunset review, the Department finds that revocation of 
the antidumping duty order would likely lead to the continuation or 
recurrence of dumping, at the levels indicated in the ``Final Results 
of Sunset Review'' section of this notice, infra.

DATES: Effective Date: May 30, 2008.

FOR FURTHER INFORMATION CONTACT: Gene Calvert, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3586.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2008, the Department initiated a sunset review of 
the antidumping duty order on silicon metal from Russia pursuant to 
section 751(c) of the Act. See Sunset Initiation, 73 FR 6128. On 
February 19, 2008, the Department received a timely notice of intent to 
participate in this sunset review from a domestic interested party, 
Globe Metallurgical Inc. (Globe), pursuant to 19 CFR 351.218(d)(1)(i). 
Globe claimed interested party status under section 771(9)(C) of the 
Act as a manufacturer in the United States of the domestic like product 
and as a petitioner in the original investigation.
    On February 29, 2008, the Department received an adequate 
substantive response in this sunset review from Globe within the 30-day 
deadline in accordance with 19 CFR 351.218(d)(3)(i). The Department did 
not receive a substantive response from any respondent interested party 
in this sunset review. As a result, pursuant to section 751(c)(3)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department determined 
to conduct an expedited sunset review of the antidumping duty order on 
silicon metal from Russia.

Scope of the Order

    The product covered by this order is silicon metal, which generally 
contains at least 96.00 percent but less than 99.99 percent silicon by 
weight. The merchandise covered by this order also includes silicon 
metal from Russia containing between 89.00 and 96.00 percent silicon by 
weight, but containing more aluminum than the silicon metal which 
contains at least 96.00 percent but less than 99.99 percent silicon by 
weight. Silicon metal currently is classifiable under subheadings 
2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule of the 
United States (HTSUS). This order covers all silicon metal meeting the 
above specification, regardless of tariff classification.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review 
can be found in the accompanying ``Issues and Decision Memorandum'' 
from Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, dated concurrently with this notice (Decision 
Memorandum) and hereby adopted by this notice. The issues in the 
Decision Memorandum include a discussion regarding the likelihood of 
continuation or recurrence of dumping and the magnitude of the dumping 
margin likely to prevail if the antidumping duty order on silicon metal 
from Russia were revoked. This public memorandum is on file in Import 
Administration's Central Records Unit, Room 1117 of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Internet at https://ia.ita.doc.gov/frn. 
The paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Sunset Review

    Pursuant to section 752(c)(3) of the Act, we determine that 
revocation of the antidumping duty order on silicon metal from Russia 
would likely lead to continuation or recurrence of dumping at the 
weighted-average percentage margins listed below:

------------------------------------------------------------------------
                                                             Weighted-
           Manufacturers/exporters/ producers             average margin
                                                             (percent)
------------------------------------------------------------------------
ZAO Kremny and SUAL-Kremny-Ural, Ltd....................           61.61
Bratsk Aluminum Smelter and Rual Trade Limited..........           87.08
All Others*.............................................          79.42
------------------------------------------------------------------------
* Prior to Russia's graduation to market-economy status in 2002, this
  rate was referred to as the Russia-wide rate.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (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 the results of this sunset review and 
this notice in accordance with sections 751(c), 752(c), and 777(i)(1) 
of the Act.

    Dated: May 16, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-12104 Filed 5-29-08; 8:45 am]
BILLING CODE 3510-DS-P