Silicon Metal from Brazil: Amended Final Results of Administrative Review Pursuant to Court Decision, 20812-20813 [2010-9175]

Download as PDF 20812 Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Notices This project would produce ‘‘processor profiles’’, short narrative descriptions of all the onshore fish processing plants in the state of Alaska that will augment and update existing community profiles. II. Method of Collection Phone surveys will be conducted with all shore-based fish processing plants in Alaska. Site visits will be conducted with shore-based fish processing plants in three communities in Alaska: Cordova, Kenai, and Petersburg (these communities have not previously received a site visit and have the largest number of fish processing facilities in their sub-regions). III. Data OMB Control Number: None. Form Number: None. Type of Review: Regular submission. Affected Public: Businesses or other for-profit organizations. Estimated Number of Respondents: 163 phone survey respondents; 27 inperson survey respondents (one per each processing plant visited during site visits). Estimated Time Per Response: 20 minutes for phone survey; 40–60 minutes for in-person survey. Estimated Total Annual Burden Hours: 82. Estimated Total Annual Cost to Public: $0. erowe on DSK5CLS3C1PROD with NOTICES IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: April 15, 2010. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2010–9114 Filed 4–20–10; 8:45 am] BILLING CODE 3510–22–P VerDate Nov<24>2008 14:33 Apr 20, 2010 Jkt 220001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Northwest Region Pacific Whiting Shoreside Fishery Monitoring and Catch Accounting Program AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before June 21, 2010. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Becky Renko, (206) 526– 6110 or Becky.Renko@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract As part of its fishery management responsibilities, NOAA’s National Marine Fisheries Service collects information to determine the amount and type of groundfish caught by fishing vessels. This collection supports exempted fishing permit requirements for Pacific whiting shoreside vessels to have and use electronic monitoring to verify full retention of catch and for Pacific whiting shoreside processors to send electronic catch data used to manage the catch allocations and limits. The respondents are principally groundfish fishermen and shoreside processors which are companies/ partnerships. Other respondents include State fisheries agencies who seek an exempted fishing permit. II. Method of Collection Information is sent through electronic programs and e-mail. III. Data OMB Control Number: 0648–0563. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Form Number: None. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations; State, local, or Tribal government; individuals or households. Estimated Number of Respondents: 53. Estimated Time per Response: Initial application and summary report, 10 hours each; inseason data report, 1 hour; electronic fish tickets, 10 minutes in Washington and California, 2 minutes in Oregon; electronic monitoring systems (EMS): installation, 6 hours; data downloads, 4 hours and EMS removal, 2 hours. Estimated Total Annual Burden Hours: 613. Estimated Total Annual Cost to Public: $240,000. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: April 15, 2010. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2010–9113 Filed 4–20–10; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–806] Silicon Metal from Brazil: Amended Final Results of Administrative Review Pursuant to Court Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 21, 2010. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, E:\FR\FM\21APN1.SGM 21APN1 Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Notices erowe on DSK5CLS3C1PROD with NOTICES Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 202– 482–3936. SUPPLEMENTARY INFORMATION: Background This matter arose from a challenge to the Final Results issued by the Department of Commerce (‘‘the Department’’) regarding the administrative review of the antidumping duty order on Silicon Metal from Brazil for the period of review beginning July 1, 1996, through June 30, 1997. See Silicon Metal from Brazil: Notice of Final Results of Antidumping Duty Administrative Review, 64 FR 6305 (February 9, 1999) (‘‘Final Results’’). Following publication of the Final Results, the petitioners1 and the respondents Eletrosilex S.A. (‘‘Eletrosilex’’) and Ligas de Aluminio S.A. filed lawsuits with the Court of International Trade (‘‘CIT’’) challenging the Department’s Final Results. Eletrosilex contested the Department’s application of total adverse facts available (‘‘AFA’’) to Eletrosilex, and the Department’s selected AFA rate of 93.20 percent. On July 17, 2000, the CIT issued its decision, remanding the Final Results to the Department to reconsider its determination to apply AFA to Eletrosilex and the rate which the Department selected as AFA. See American Silicon Technologies v. United States, 110 F. Supp. 2d 992, 1004–5 (2000). On January 29, 2001, the Department submitted remand results to the CIT. See ‘‘Silicon Metal From Brazil; Final Results of Redetermination Pursuant to Court Remand, Ct. No. 99– 00149.’’ In the remand results, the Department considered its determination and reached the same conclusions as regards applying AFA to Eletrosilex, and the appropriate rate to select as AFA, as it did in the Final Results. On October 17, 2002, the CIT issued its decision, affirming the Department’s determination to apply AFA to Eletrosilex but remanding to the Department to redetermine an AFA rate. See American Silicon Technologies v. United States, 240 F. Supp. 2d 1306, 1313 (2002). Pursuant to the CIT’s remand instructions, the Department submitted remand results to the CIT on January 22, 2003. See ‘‘Silicon Metal From Brazil; Final Results of 1 The petitioners are American Silicon Technologies, Elkem Metals Company, Globe Metallurgical, Inc. and SKW Metals & Alloys, Inc. VerDate Nov<24>2008 14:33 Apr 20, 2010 Jkt 220001 Redetermination Pursuant to Court Remand’’ (‘‘Second Remand Results’’). The Department selected as AFA for Eletrosilex a margin of 67.93 percent, a margin calculated for another respondent in the administrative review of silicon metal from Brazil for the period July 1, 1994, through June 30, 1995. See Silicon Metal from Brazil, Final Results of Redetermination Pursuant to Court Remand, American Silicon Technologies v. United States, Court No. 97–02–00267, Slip. Op. 99– 34. On June 27, 2003, the CIT sustained the Second Remand Results. See American Silicon Technologies v. United States, 273 F. Supp. 2d 1342 (2003). However, on October 30, 2003, pursuant to a motion by Eletrosilex, the CIT stayed further action pending the results of litigation regarding the administrative review of silicon metal from Brazil for the 94/95 period of review. See American Silicon Technologies v. United States, 27 C.I.T. 1677; 2003 Ct. Intl. Trade LEXIS 147 (2003). On May 13, 2004, the CIT sustained the Department’s remand results regarding the 94/95 period of review. See American Silicon Technologies v. United States, 28 C.I.T. 698; 2004 Ct. Intl. Trade LEXIS 49 (2004). That decision was not appealed. On January 27, 2010, the CIT dissolved the stay of its June 27, 2003 judgment. As there is now a final and conclusive court decision in this case, we are amending our Final Results. 20813 DEPARTMENT OF COMMERCE International Trade Administration [A–570–954] Certain Magnesia Carbon Bricks from the People’s Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 21, 2010. SUMMARY: On March 12, 2010, the Department of Commerce (‘‘Department’’) published the Preliminary Determination of sales at less than fair value (‘‘LTFV’’) in the antidumping duty investigation of certain magnesia carbon bricks (‘‘bricks’’) from the People’s Republic of China (‘‘PRC’’). See Certain Magnesia Carbon Bricks from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 11847 (March 12, 2010) (‘‘Preliminary Determination’’). We are amending our Preliminary Determination to correct certain ministerial errors with respect to the antidumping duty margin calculation for RHI Refractories Liaoning Co., Ltd. (‘‘RHI’’). The corrections to the RHI margin also affect the margin assigned to the companies receiving a separate rate and the PRC–wide rate. In addition, we have granted a separate rate to Yingkou Jiahe Refractories Co., Ltd. Amended Final Results (‘‘Jiahe’’). As the litigation in this case has FOR FURTHER INFORMATION CONTACT: Paul concluded, the Department is amending Walker, AD/CVD Operations, Office 9, the Final Results in accordance with the Import Administration, International CIT’s decision. The revised dumping Trade Administration, U.S. Department margin for Eletrosilex is as follows: of Commerce, 14th Street and Constitution Avenue, NW, Washington, Manufacturer/Exporter Margin DC, 20230; telephone: (202) 482–0413. Eletrosilex S.A. ............. 67.93% SUPPLEMENTARY INFORMATION: As noted above, on March 12, 2010, the Department published in the Federal The Department intends to issue Register the Preliminary Determination instructions to U.S. Customs and Border that bricks from the PRC are being, or Protection to liquidate all entries at the are likely to be, sold in the United States appropriate rates for the company listed at LTFV, as provided in section 733 of above, 15 days after the date of the Tariff Act of 1930, as amended publication of this notice. (‘‘Act’’). See Preliminary Determination. On March 12, 2010, RHI, Dalian This notice is published in Mayerton Refractories Co., Ltd. and accordance with sections 751(a)(1) and Liaoning Mayerton Refractories Co., Ltd. 777(i) of the Tariff Act of 1930, as (collectively, ‘‘Mayerton’’), Jiahe, and amended. Resco Products, Inc. (‘‘Petitioner’’), filed Dated: April 15, 2010. timely allegations of ministerial errors Ronald K. Lorentzen, contained in the Department’s Deputy Assistant Secretary for Import Preliminary Determination. After Administration. reviewing the allegations, we have [FR Doc. 2010–9175 Filed 4–20–10; 8:45 am] determined that the Preliminary BILLING CODE 3510–DS–S Determination included significant PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\21APN1.SGM 21APN1

Agencies

[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Notices]
[Pages 20812-20813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9175]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal from Brazil: Amended Final Results of 
Administrative Review Pursuant to Court Decision

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

EFFECTIVE DATE: April 21, 2010.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,

[[Page 20813]]

Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: 202-482-3936.

SUPPLEMENTARY INFORMATION:

Background

    This matter arose from a challenge to the Final Results issued by 
the Department of Commerce (``the Department'') regarding the 
administrative review of the antidumping duty order on Silicon Metal 
from Brazil for the period of review beginning July 1, 1996, through 
June 30, 1997. See Silicon Metal from Brazil: Notice of Final Results 
of Antidumping Duty Administrative Review, 64 FR 6305 (February 9, 
1999) (``Final Results''). Following publication of the Final Results, 
the petitioners\1\ and the respondents Eletrosilex S.A. 
(``Eletrosilex'') and Ligas de Aluminio S.A. filed lawsuits with the 
Court of International Trade (``CIT'') challenging the Department's 
Final Results. Eletrosilex contested the Department's application of 
total adverse facts available (``AFA'') to Eletrosilex, and the 
Department's selected AFA rate of 93.20 percent.
---------------------------------------------------------------------------

    \1\ The petitioners are American Silicon Technologies, Elkem 
Metals Company, Globe Metallurgical, Inc. and SKW Metals & Alloys, 
Inc.
---------------------------------------------------------------------------

    On July 17, 2000, the CIT issued its decision, remanding the Final 
Results to the Department to reconsider its determination to apply AFA 
to Eletrosilex and the rate which the Department selected as AFA. See 
American Silicon Technologies v. United States, 110 F. Supp. 2d 992, 
1004-5 (2000). On January 29, 2001, the Department submitted remand 
results to the CIT. See ``Silicon Metal From Brazil; Final Results of 
Redetermination Pursuant to Court Remand, Ct. No. 99-00149.'' In the 
remand results, the Department considered its determination and reached 
the same conclusions as regards applying AFA to Eletrosilex, and the 
appropriate rate to select as AFA, as it did in the Final Results.
    On October 17, 2002, the CIT issued its decision, affirming the 
Department's determination to apply AFA to Eletrosilex but remanding to 
the Department to redetermine an AFA rate. See American Silicon 
Technologies v. United States, 240 F. Supp. 2d 1306, 1313 (2002). 
Pursuant to the CIT's remand instructions, the Department submitted 
remand results to the CIT on January 22, 2003. See ``Silicon Metal From 
Brazil; Final Results of Redetermination Pursuant to Court Remand'' 
(``Second Remand Results''). The Department selected as AFA for 
Eletrosilex a margin of 67.93 percent, a margin calculated for another 
respondent in the administrative review of silicon metal from Brazil 
for the period July 1, 1994, through June 30, 1995. See Silicon Metal 
from Brazil, Final Results of Redetermination Pursuant to Court Remand, 
American Silicon Technologies v. United States, Court No. 97-02-00267, 
Slip. Op. 99-34. On June 27, 2003, the CIT sustained the Second Remand 
Results. See American Silicon Technologies v. United States, 273 F. 
Supp. 2d 1342 (2003). However, on October 30, 2003, pursuant to a 
motion by Eletrosilex, the CIT stayed further action pending the 
results of litigation regarding the administrative review of silicon 
metal from Brazil for the 94/95 period of review. See American Silicon 
Technologies v. United States, 27 C.I.T. 1677; 2003 Ct. Intl. Trade 
LEXIS 147 (2003). On May 13, 2004, the CIT sustained the Department's 
remand results regarding the 94/95 period of review. See American 
Silicon Technologies v. United States, 28 C.I.T. 698; 2004 Ct. Intl. 
Trade LEXIS 49 (2004). That decision was not appealed.
    On January 27, 2010, the CIT dissolved the stay of its June 27, 
2003 judgment. As there is now a final and conclusive court decision in 
this case, we are amending our Final Results.

Amended Final Results

    As the litigation in this case has concluded, the Department is 
amending the Final Results in accordance with the CIT's decision. The 
revised dumping margin for Eletrosilex is as follows:

------------------------------------------------------------------------
                Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
Eletrosilex S.A.....................................              67.93%
------------------------------------------------------------------------

    The Department intends to issue instructions to U.S. Customs and 
Border Protection to liquidate all entries at the appropriate rates for 
the company listed above, 15 days after the date of publication of this 
notice.
    This notice is published in accordance with sections 751(a)(1) and 
777(i) of the Tariff Act of 1930, as amended.

    Dated: April 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-9175 Filed 4-20-10; 8:45 am]
BILLING CODE 3510-DS-S