Silicon Metal From the People's Republic of China: Notice of Amended Final Results of New Shipper Reviews Pursuant to Court Decision, 15412-15413 [2010-6896]

Download as PDF cprice-sewell on DSK89S0YB1PROD with NOTICES 15412 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Notices Title: Licensing Exemptions and Exclusions. OMB Control Number: None. Form Number(s): None. Type of Request: Regular submission. Burden Hours: 14,576. Number of Respondents: 2,182. Average Hours per Response: 15 minutes to 60 hours. Needs and Uses: This collection of information will consolidate ten existing BIS information collections into one new collection. All of these existing collections implement export licensing exceptions or exclusions in which an exporter may chose to exchange a requirement to obtain an individual validated export license with a reporting and/or recordkeeping requirement. These exclusions and exceptions are designed to reduce burden in approved collection, OMB Control No. 0694–0088 ‘‘Simplified Network Application Process and Multipurpose Application Form.’’ The existing collection authorities that are being consolidated are—OMB Control Nos. 1. 0694–0023—Written Assurances for Exports of Technical Data under License Exception TSR. 2. 0694–0025—Short Supply— Unprocessed Western Red Cedar. 3. 0694–0029—License Exception TMP: Special Requirements. 4. 0694–0033—Humanitarian Donations. 5. 0694–0086—Report of Sample Shipments of Chemical Weapons Precursors. 6. 0694–0101—One-time Report For Foreign Software or Technology Eligible For De Minimis Exclusion. 7. 0694–0104—Commercial Encryption Items under the Jurisdiction of the Department of Commerce. 8. 0694–0106—Recordkeeping Requirements under the Wassenaar Arrangement. 9. 0694–0123—Prior Notification of Exports under License Exception AGR. 10. 0694–0133—Thermal Imaging Camera Reporting. The consolidation of these collections will reduce the cost of renewing 10 individual collections every three years and also make it easier to add additional exclusions and exceptions as revisions to an existing collection. BIS will discontinue the ten collections when this new collection is authorized. Affected Public: Business or other forprofit organizations. Frequency: On occasion. Respondent’s Obligation: Required to obtain or retain benefits. OMB Desk Officer: Jasmeet Seehra, (202) 395–3123. Copies of the above information collection proposal can be obtained by VerDate Nov<24>2008 09:18 Apr 05, 2010 Jkt 220001 calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Jasmeet Seehra, OMB Desk Officer, by e-mail to Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395–5167. Dated: March 23, 2010. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2010–6822 Filed 3–26–10; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–806] Silicon Metal From the People’s Republic of China: Notice of Amended Final Results of New Shipper Reviews Pursuant to Court Decision Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: March 29, 2010. SUMMARY: On May 5, 2009, the Court of International Trade (‘‘CIT’’) affirmed the Department’s remand determination issued pursuant to the Court’s remand order in Globe Metallurgical, Inc. v. United States, Court No. 07–00386, Slip Op. 08–105 (CIT October 1, 2008) (‘‘Remand Order’’), which concerned the Department of Commerce’s (‘‘the Department’’) determination of the appropriate surrogate value for silica fume in Silicon Metal From the People’s Republic of China: Notice of Final Results of 2005/2006 New Shipper Reviews, 72 FR 58,641 (October 16, 2007) (‘‘Final Results’’) and accompanying Issues and Decision Memorandum. See Globe Metallurgical, Inc. v. United States, Court No. 07– 00386, Slip Op. 09–137 (CIT May 5, 2009) (‘‘May 5th Order’’). On February 23, 2010, the Court of Appeals for the Federal Circuit (‘‘CAFC’’) dismissed the appeal of Globe Metallurgical, Inc. v. United States, Court No. 2009–1436 (‘‘Dismissal Order’’). As explained below, in accordance with the CIT’s May 5th Order and the CAFC’s Dismissal Order, the Department is amending the Final Results of the new shipper reviews to apply the AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 recalculated surrogate value for the byproduct silica fume in the Department’s normal value calculation. FOR FURTHER INFORMATION CONTACT: Jerry Huang or Scot T. Fullerton, AD/CVD Operations, Office 9, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Room 4017, Washington, DC 20230; telephone: (202) 482–4047 or (202) 482–1386, respectively. SUPPLEMENTARY INFORMATION: Background This matter arose from a challenge to the Final Results issued by the Department on October 16, 2007, for the period of review of June 1, 2005, through May 31, 2006. Following publication of the Final Results, Petitioner, Globe Metallurgical, Inc., and Respondents 1 filed lawsuits with the CIT challenging several aspects of the Department’s Final Results. The cases were subsequently consolidated. On October 1, 2008, the CIT issued its opinion, in which it upheld the Final Results on all counts except for the surrogate value of silica fume. The CIT remanded the case to the Department to obtain better information for valuing silica fume or to use information on the record that relates specifically to the byproduct silica fume. See Remand Order at 14. On October 9, 2008, the Department reopened the administrative record to allow interested parties an opportunity to provide additional information for use in valuing silica fume. Petitioner and Respondents submitted comments on October 16, 2008, and rebuttal comments on October 24, 2008. On December 23, 2008, the Department released its draft remand results using a revised surrogate value for silica fume based on a subset of World Trade Atlas (‘‘WTA’’) Indian import statistics for silicon dioxide from silicon metal or ferrosilicon producing countries. On January 9, 2009, the Department received comments on the draft remand results from Petitioner. On January 14, 2009, the Department received rebuttal comments from Respondents. On February 2, 2009, the Department submitted its final remand results to the CIT. See Final Results of Redetermination Pursuant to Court Remand, Court No. 07–00386 (Feb. 2, 2009). On May 5, 2009, the CIT issued its ruling and sustained the 1 Respondents referenced here are (1) Jiangxi Gangyuan Silicon Industry Co., Ltd. (‘‘Jiangxi Gangyuan’’); and (2) Shanghai Jinneng International Trade Co., Ltd. (‘‘Shanghai Jinneng’’) and its affiliated producer Datong Jinneng Industrial Silicon Co., Ltd. (‘‘Datong Jinneng’’). E:\FR\FM\29MRN1.SGM 29MRN1 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Notices Department’s remand results. See May 5th Order at 2. The CIT found that the Department’s new surrogate value for silica fume was more specific to silica fume, as required by the Remand Order, and was supported by substantial evidence. On July 1, 2009, Respondents filed an appeal with the CAFC. On February 23, 2010, the CAFC dismissed the case, pursuant to Respondents’ withdrawal of their appeal. Amendment to the Final Determination Because there is now a final and conclusive court decision, effective as of the publication date of this notice, we are amending the Final Results and revising the weighted average dumping margins for Jiangxi Gangyuan and Shanghai Jinneng: SILICON METAL FROM THE PRC Manufacturer/exporter cprice-sewell on DSK89S0YB1PROD with NOTICES Jiangxi Gangyuan ................. Datong Jinneng/Shanghai Jinneng .............................. Weightedaverage margin 71.57% 50.41 We have calculated Jiangxi Gangyuan and Shanghai Jinneng’s companyspecific antidumping margin as 71.57% and 50.41%, respectively. See Memorandum to the File from Jerry Huang, ‘‘Analysis Memorandum for the Final Results of the Redetermination of the Silica Fume By-Product Valuation, Remand for Antidumping Duty New Shipper Review of Silicon Metal From the People’s Republic of China for Datong Jinneng Industrial Silicon Co., Inc./Shanghai Jinneng International Trade Co., Ltd.,’’ and Memorandum to the File From Jerry Huang, ‘‘Analysis Memorandum for the Final Results of the Redetermination of the Silica Fume By-Product Valuation, Remand for Antidumping Duty New Shipper Review of Silicon Metal From the People’s Republic of China for Jiangxi Gangyuan Silicon Industry Co., Ltd.,’’ both dated February 2, 2009. There have been no changes to this analysis for these amended final results. In accordance with the Department’s practice of applying importer-specific assessment rates, we will instruct United States Customs and Border Protection (‘‘CBP’’) to apply the importer-specific assessment rate for Jiangxi Gangyuan and Shanghai Jinneng’s exports to the United States. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the publication of the final results of this review. VerDate Nov<24>2008 09:18 Apr 05, 2010 Jkt 220001 15413 This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. DEPARTMENT OF COMMERCE Dated: March 23, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Notice of the Establishment of a National Advisory Council on Minority Business Enterprise and the Solicitation of Nominations for Membership [FR Doc. 2010–6896 Filed 3–26–10; 8:45 am] BILLING CODE 3510–DS–P Foreign–Trade Zones Board [Order No. 1671] Approval for Processing Authority, Foreign–Trade Zone 196, ATC Logistics & Electronics (Personal Navigation Devices), Fort Worth, Texas Pursuant to its authority under the Foreign–Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the Foreign– Trade Zones Board (the Board) adopts the following Order: Whereas, ATC Logistics & Electronics, an operator of Foreign–Trade Zone 196, has requested processing authority within FTZ 196 in Fort Worth, Texas (FTZ Docket 38–2009, filed 9/16/2009); Whereas, notice inviting public comment has been given in the Federal Register (74 FR 49364, 9/28/2009) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and Board’s regulations are satisfied, and that the proposal is in the public interest; Now, therefore, the Board hereby orders: The application for processing authority under zone procedures within FTZ 196, as described in the application and Federal Register notice, is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.28. Signed at Washington, DC, this 12th day of March 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Alternate Chairman, Foreign–Trade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. 2010–6901 Filed 3–26–10; 8:45 am] BILLING CODE 3510–DS–S Frm 00013 Fmt 4703 Minority Business Development Agency, Commerce. ACTION: Notice. AGENCY: DEPARTMENT OF COMMERCE PO 00000 Minority Business Development Agency Sfmt 4703 SUMMARY: In accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App. 2, and with the concurrence of the General Services Administration, the Department of Commerce is announcing the establishment of the National Advisory Council on Minority Business Enterprise (NACMBE). Pursuant to this notice, the Department of Commerce is also soliciting nominations for membership on the NACMBE for the upcoming 2-year charter term beginning in April 2010. The purpose of the NACMBE is to advise the Secretary of Commerce (Secretary) on key issues pertaining to the growth and competitiveness of the nation’s Minority Business Enterprises (MBEs). DATES: Complete nomination packages for NACMBE membership must be received by the Department of Commerce on or before May 3, 2010, at 5 p.m. Eastern Daylight Time (EDT). ADDRESSES: Nomination packages may be submitted through the mail or may be submitted electronically. Interested persons are encouraged to submit nominations electronically. The deadline is the same for nominations submitted through the mail and for nominations submitted electronically. 1. Submission by Mail: Nominations sent by mail should be addressed to the U.S. Department of Commerce, Minority Business Development Agency, Office of Legislative, Education and Intergovernmental Affairs, Attn: Stephen Boykin, 1401 Constitution Avenue, NW., Room 5063, Washington, DC 20230. Applicants are advised that the Department of Commerce’s receipt of mail sent via the United States Postal Service may be substantially delayed or suspended in delivery due to security measures. Applicants may therefore wish to use a guaranteed overnight delivery service to ensure nomination packages are received by the Department of Commerce by the deadline set forth in this notice. 2. Electronic Submission: Nomination sent electronically should be addressed to: NACMBEnominations@mbda.gov. E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Notices]
[Pages 15412-15413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6896]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China: Notice of 
Amended Final Results of New Shipper Reviews Pursuant to Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: March 29, 2010.

SUMMARY: On May 5, 2009, the Court of International Trade (``CIT'') 
affirmed the Department's remand determination issued pursuant to the 
Court's remand order in Globe Metallurgical, Inc. v. United States, 
Court No. 07-00386, Slip Op. 08-105 (CIT October 1, 2008) (``Remand 
Order''), which concerned the Department of Commerce's (``the 
Department'') determination of the appropriate surrogate value for 
silica fume in Silicon Metal From the People's Republic of China: 
Notice of Final Results of 2005/2006 New Shipper Reviews, 72 FR 58,641 
(October 16, 2007) (``Final Results'') and accompanying Issues and 
Decision Memorandum. See Globe Metallurgical, Inc. v. United States, 
Court No. 07-00386, Slip Op. 09-137 (CIT May 5, 2009) (``May 5th 
Order''). On February 23, 2010, the Court of Appeals for the Federal 
Circuit (``CAFC'') dismissed the appeal of Globe Metallurgical, Inc. v. 
United States, Court No. 2009-1436 (``Dismissal Order''). As explained 
below, in accordance with the CIT's May 5th Order and the CAFC's 
Dismissal Order, the Department is amending the Final Results of the 
new shipper reviews to apply the recalculated surrogate value for the 
by-product silica fume in the Department's normal value calculation.

FOR FURTHER INFORMATION CONTACT: Jerry Huang or Scot T. Fullerton, AD/
CVD Operations, Office 9, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Room 4017, 
Washington, DC 20230; telephone: (202) 482-4047 or (202) 482-1386, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This matter arose from a challenge to the Final Results issued by 
the Department on October 16, 2007, for the period of review of June 1, 
2005, through May 31, 2006. Following publication of the Final Results, 
Petitioner, Globe Metallurgical, Inc., and Respondents \1\ filed 
lawsuits with the CIT challenging several aspects of the Department's 
Final Results. The cases were subsequently consolidated. On October 1, 
2008, the CIT issued its opinion, in which it upheld the Final Results 
on all counts except for the surrogate value of silica fume. The CIT 
remanded the case to the Department to obtain better information for 
valuing silica fume or to use information on the record that relates 
specifically to the by-product silica fume. See Remand Order at 14.
---------------------------------------------------------------------------

    \1\ Respondents referenced here are (1) Jiangxi Gangyuan Silicon 
Industry Co., Ltd. (``Jiangxi Gangyuan''); and (2) Shanghai Jinneng 
International Trade Co., Ltd. (``Shanghai Jinneng'') and its 
affiliated producer Datong Jinneng Industrial Silicon Co., Ltd. 
(``Datong Jinneng'').
---------------------------------------------------------------------------

    On October 9, 2008, the Department reopened the administrative 
record to allow interested parties an opportunity to provide additional 
information for use in valuing silica fume. Petitioner and Respondents 
submitted comments on October 16, 2008, and rebuttal comments on 
October 24, 2008. On December 23, 2008, the Department released its 
draft remand results using a revised surrogate value for silica fume 
based on a subset of World Trade Atlas (``WTA'') Indian import 
statistics for silicon dioxide from silicon metal or ferrosilicon 
producing countries. On January 9, 2009, the Department received 
comments on the draft remand results from Petitioner. On January 14, 
2009, the Department received rebuttal comments from Respondents.
    On February 2, 2009, the Department submitted its final remand 
results to the CIT. See Final Results of Redetermination Pursuant to 
Court Remand, Court No. 07-00386 (Feb. 2, 2009). On May 5, 2009, the 
CIT issued its ruling and sustained the

[[Page 15413]]

Department's remand results. See May 5th Order at 2. The CIT found that 
the Department's new surrogate value for silica fume was more specific 
to silica fume, as required by the Remand Order, and was supported by 
substantial evidence.
    On July 1, 2009, Respondents filed an appeal with the CAFC. On 
February 23, 2010, the CAFC dismissed the case, pursuant to 
Respondents' withdrawal of their appeal.

Amendment to the Final Determination

    Because there is now a final and conclusive court decision, 
effective as of the publication date of this notice, we are amending 
the Final Results and revising the weighted average dumping margins for 
Jiangxi Gangyuan and Shanghai Jinneng:

                       Silicon Metal From the PRC
------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
------------------------------------------------------------------------
Jiangxi Gangyuan........................................          71.57%
Datong Jinneng/Shanghai Jinneng.........................           50.41
------------------------------------------------------------------------

    We have calculated Jiangxi Gangyuan and Shanghai Jinneng's company-
specific antidumping margin as 71.57% and 50.41%, respectively. See 
Memorandum to the File from Jerry Huang, ``Analysis Memorandum for the 
Final Results of the Redetermination of the Silica Fume By-Product 
Valuation, Remand for Antidumping Duty New Shipper Review of Silicon 
Metal From the People's Republic of China for Datong Jinneng Industrial 
Silicon Co., Inc./Shanghai Jinneng International Trade Co., Ltd.,'' and 
Memorandum to the File From Jerry Huang, ``Analysis Memorandum for the 
Final Results of the Redetermination of the Silica Fume By-Product 
Valuation, Remand for Antidumping Duty New Shipper Review of Silicon 
Metal From the People's Republic of China for Jiangxi Gangyuan Silicon 
Industry Co., Ltd.,'' both dated February 2, 2009. There have been no 
changes to this analysis for these amended final results. In accordance 
with the Department's practice of applying importer-specific assessment 
rates, we will instruct United States Customs and Border Protection 
(``CBP'') to apply the importer-specific assessment rate for Jiangxi 
Gangyuan and Shanghai Jinneng's exports to the United States. The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after the publication of the final results of 
this review.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: March 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-6896 Filed 3-26-10; 8:45 am]
BILLING CODE 3510-DS-P