Silicomanganese From Brazil, the People's Republic of China, and Ukraine: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders, 73587-73589 [2011-30767]
Download as PDF
Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices
Dated: November 22, 2011
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
O.
Felix Obi, Office of Innovation and
Entrepreneurship, Room 7019, 1401
Constitution Avenue NW., Washington,
DC, 20230, telephone: (202) 482–3688,
email: fobi@eda.doc.gov. Please
reference, ‘‘NACIE December 13, 2011’’
in the subject line of your email.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2011–30573 Filed 11–28–11; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
Economic Development Administration
The National Advisory Council on
Innovation and Entrepreneurship:
Meeting of the National Advisory
Council on Innovation and
Entrepreneurship
[FR Doc. 2011–30750 Filed 11–28–11; 8:45 am]
BILLING CODE 3510–03–P
DEPARTMENT OF COMMERCE
U.S. Department of Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The National Advisory
Council on Innovation and
Entrepreneurship will hold a meeting
on Tuesday, December 13, 2011. The
open meeting will be conducted from 10
a.m. to 12 p.m., and will be open to the
public via a listen-only conference
number (888) 989–4718, passcode
NACIE. The Council was chartered on
November 10, 2009, to advise the
Secretary of Commerce on matters
relating to innovation and
entrepreneurship in the United States.
DATES: December 13, 2011.
Time: 10 a.m.–12 p.m. (EST).
ADDRESSES: The meeting will be held in
the Herbert C. Hoover Building, 1401
Constitution Avenue NW., Washington,
DC 20230–0002. For audio
participation, please specify any
requests for reasonable accommodation
of auxiliary aids at least five business
days in advance of the meeting. Last
minute requests will be accepted, but
may be impossible to fill.
SUPPLEMENTARY INFORMATION: The
purpose of this meeting is for Secretary
Bryson to discuss NACIE’s earlier work,
review its priorities, and offer his charge
to the members. Specific topics for
discussion include NACIE’s current
focus on issues related to implementing
the America Invents Act and supporting
development of regional economic
frameworks. The agenda may change to
accommodate NACIE business. The
final agenda will be posted on the
NACIE Web site at https://www.eda.gov/
nacie. Any member of the public may
submit pertinent written comments
concerning the Council’s affairs at any
time before and after the meeting.
Comments may be submitted to O. Felix
Obi at the contact information indicated
below. Copies of meeting minutes will
be available within 90 days of the
meeting at https://www.eda.gov/NACIE
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:20 Nov 28, 2011
Jkt 226001
Dated: November 23, 2011.
Paul J. Corson,
Office of Innovation and Entrepreneurship,
U.S. Department of Commerce.
Foreign-Trade Zones Board
Foreign-Trade Zone 183—Austin, Tx;
Site Renumbering Notice
Foreign-Trade Zone 183 was
approved by the Foreign-Trade Zones
Board on December 23, 1991 (Board
Order 550), and expanded on March 16,
1998 (Board Order 964), on July 10,
1998 (Board Order 994), on April 7,
1999 (Board Order 1035), on March 15,
2001 (Board Order 1143), and on
January 27, 2005 (Board Order 1366).
FTZ 183 currently consists of 8
‘‘sites’’ totaling some 2,818 acres in the
Austin area. The current updates does
not alter the physical boundaries that
have previously been approved, but
instead involves an administrative
renumbering of the existing sites (with
the exception of Sites 2, 4, 6, 7 and 8)
to separate unrelated, non-contiguous
sites for record-keeping purposes.
Under this revision, the site list for
FTZ 183 will be as follows: Site 1 (33
acres)—Interchange w/n the Austin
Enterprise Zone, located at Bolm Road
and Gardner Road, Austin; Site 2 (50
acres)—Balcones Research site located
in north central Austin at the
intersection of Burnett Road and
Longhorn Boulevard; Site 3 (449.9
acres)—Corridor Park II (Dell), Dell
Way/IH 35, Round Rock; Site 4 (47
acres)—Cedar Park site, some 8 miles
northwest of the Austin city limits, in
Williamson County; Site 5 (100 acres)—
Borroughs, Chandler Road/Cypress
Boulevard, Round Rock; Site 6 (246
acres)—Georgetown site, located along
I–35 and U.S. 81, south of downtown
Georgetown; Site 7 (40 acres)—San
Marcos site, located within the San
Marcos Municipal Airport facility in
eastern San Marcos, adjacent to State
Highway 21, on the Hays County/
Caldwell County line; Site 8 (200
acres)—MET Center industrial park
located between U.S. Highway 183
South and State Highway 71 East in
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
73587
southeast Austin, some 5 miles
northwest of the Austin Bergstrom
International Airport; Site 9 (56.4
acres)—Data Products/Nature
Conservancy, Montopolis Drive/East
Riverside Drive, Austin; Site 10 (22.6
acres)—Ben White Business Park, South
Industrial Drive/Business Center Drive,
Austin; Site 11 (64.5 acres)—Walnut
Business Park, US 290/US 183, Austin;
Site 12 (100 acres)—Harris Branch,
Harris Branch Parkway/Parmer Lane,
Austin; Site 13 (15 acres)—Hill Partners
w/n Global Business Park, Rutherford
Lane/Cameron Road, Austin; Site 14 (91
acres)—Corridor Park I (Wayne Dresser),
Jarrett Way, Round Rock; Site 15 (108.5
acres)—Vista Business Park/Bratton,
Wells Port Drive/Grand Avenue
Parkway, Round Rock; Site 16 (72.6
acres)—North Park, Grand Avenue
Parkway/IH 35, Round Rock; Site 17 (40
acres)—Harvard, Glenn Drive, Round
Rock; Site 18 (574 acres)—Parmer Lane,
E. Parmer Lane/McCallen Pass, Round
Rock; Site 19 (217.9 acres)—Tech Ridge,
McCallen Pass/Howard Lane, Round
Rock; Site 20 (58.5 acres)—Wells Branch
Industrial Park, Howard Lane/McNielMeriltown Road, Round Rock; Site 21
(45.5 acres)—Metric Center, Metric
Boulevard, Round Rock; Site 22 (38.5
acres)—Crystal Park, E. Old Settlers
Boulevard, Round Rock; Site 23 (116.3
acres)—Westinghouse, Westinghouse
Drive/IH 35, Round Rock; and, Site 24
(30 acres)—Coop Smith & Park Central,
County Road 116/111, Round Rock.
For further information, contact
Camille Evans at
Camille.Evans@trade.gov or (202) 482–
2350.
Dated: November 22, 2011.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2011–30758 Filed 11–28–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–824, A–570–828, A–823–805]
Silicomanganese From Brazil, the
People’s Republic of China, and
Ukraine: Final Results of the Expedited
Third Sunset Reviews of the
Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2011, the
Department of Commerce
(‘‘Department’’) initiated the third
sunset reviews of the antidumping duty
orders on silicomanganese from Brazil,
AGENCY:
E:\FR\FM\29NON1.SGM
29NON1
73588
Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices
the People’s Republic of China (‘‘PRC’’),
and Ukraine 1 pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(‘‘Act’’). The Department received a
notice of intent to participate in all three
reviews from the domestic interested
party, Eramet Marietta, Inc. (‘‘Eramet’’),
within the time specified in 19 CFR
351.218(d)(1)(i).2 On August 31, 2011,
the Department received substantive
responses from Eramet. Based on the
receipt of the substantive responses
filed by the domestic interested party
within the 30-day deadline as specified
by 19 CFR 351.218(d)(3)(i) and the lack
of response from any respondent
interested party, the Department
conducted expedited sunset reviews of
the antidumping duty orders pursuant
to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2). As a result
of these sunset reviews, the Department
finds that revocation of the antidumping
duty orders would likely lead to
continuation or recurrence of dumping,
at the levels indicated in the ‘‘Final
Results of Sunset Reviews’’ section of
this notice.
DATES: Effective Date: November 29,
2011.
FOR FURTHER INFORMATION CONTACT: Erin
Begnal; AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–1442.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2011, the Department
initiated sunset reviews of the orders on
silicomanganese from Brazil, the PRC,
and Ukraine pursuant to section 751(c)
of the Act. See Initiation of Five-year
(‘‘Sunset’’) Review, 76 FR 45778 (August
mstockstill on DSK4VPTVN1PROD with NOTICES
1 See
Notice of Antidumping Duty Order:
Silicomanganese From Brazil, 59 FR 66003
(December 22, 1994), Notice of Antidumping Duty
Order: Silicomanganese From the People’s Republic
of China (PRC), 59 FR 66003 (December 22, 1994),
and Suspension Agreement on Silicomanganese
From Ukraine; Termination of Suspension
Agreement and Notice of Antidumping Duty Order,
66 FR 43838 (August 21, 2001).
2 On August 19, 2011, the Department received a
notice of intent to participate from Felman
Production Inc. (‘‘Felman’’), a producer of the
domestic like product. On August 22, 2011, Felman
requested an extension of the deadline to submit its
notice of intent to participate, as the deadline for
domestic interested parties to submit notices of
intent to participate in the sunset reviews was
August 16, 2011, pursuant to 19 CFR
351.218(d)(l)(i) (‘‘the deadline for filing a ‘Notice of
Intent’ to participate by domestic interested parties
in a sunset review is ‘no later than 15 days after
the date of publication of the initiation notice.’ ’’).
In light of the compressed timelines for conducting
the sunset review under section 751(c) of the Act,
and 19 CFR 351.218(d), the Department denied
Felman’s request for an extension.
VerDate Mar<15>2010
15:20 Nov 28, 2011
Jkt 226001
1, 2011). On August 31, 2011, the
Department received substantive
responses from Eramet, pursuant to 19
CFR 351.218(d)(3)(i). In accordance with
19 CFR 351.218(d)(1)(ii)(A), Eramet
claimed interested party status under
section 771(9)(C) of the Act as a
producer of the domestic like product.
In its substantive responses, Eramet
indicated that Elkem Metals Company
(‘‘Elkem’’) was the petitioner in the
original investigation but that since
Eramet purchased Elkem’s
silicomanganese operations in 1999, it
has participated actively in all
administrative reviews and sunset
reviews. The Department did not
receive a substantive response from any
respondent interested party in these
sunset reviews. 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 conducted expedited sunset
reviews of the antidumping duty orders.
Scope of the Orders
The merchandise covered by the
orders is silicomanganese.
Silicomanganese, which is sometimes
called ferrosilicon manganese, is a
ferroalloy composed principally of
manganese, silicon and iron, and
normally contains much smaller
proportions of minor elements, such as
carbon, phosphorus, and sulfur.
Silicomanganese generally contains by
weight not less than 4 percent iron,
more than 30 percent manganese, more
than 8 percent silicon, and not more
than 3 percent phosphorous. All
compositions, forms, and sizes of
silicomanganese are included within the
scope of the order, including
silicomanganese slag, fines, and
briquettes. Silicomanganese is used
primarily in steel production as a source
of both silicon and manganese.
Silicomanganese is currently
classifiable under subheading
7202.30.0000 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Some silicomanganese may
also currently be classifiable under
HTSUS subheading 7202.99.5040. The
orders cover all silicomanganese,
regardless of its tariff classification.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
orders remain dispositive.
Analysis of Comments Received
A complete discussion of all issues
raised in these sunset reviews is
addressed in the accompanying Issues
and Decision Memorandum (‘‘I&D
Memo’’), which is hereby adopted by
this notice. See the Department’s
memorandum entitled, ‘‘Issues and
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Decision Memorandum for the Final
Results in the Expedited Sunset Review
of the Antidumping Duty Order on
Silicomanganese from Brazil, the
People’s Republic of China, and
Ukraine’’ concurrently dated with this
notice. The issues discussed in the
accompanying I&D Memo include the
likelihood of continuation or recurrence
of dumping and the magnitude of the
dumping margins likely to prevail if the
antidumping orders were revoked.
Parties can find a complete discussion
of all issues raised in this full sunset
review and the corresponding
recommendation in this public
memorandum which is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available in the Central Records Unit
room 7046 of the main Commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Web at
https://ia.ita.doc.gov/frn. The signed
Decision Memorandum and the
electronic versions of the Decision
Memorandum are identical in content.
Final Results of Sunset Reviews
The Department determines that
revocation of the antidumping duty
orders on silicomanganese from Brazil,
the PRC, and Ukraine would likely lead
to continuation or recurrence of
dumping. The Department also
determines that the dumping margins
likely to prevail if the orders were
revoked are as follows:
MANUFACTURERS/EXPORTERS/PRODUCERS WEIGHTED-AVERAGE MARGIN
[Percent]
Brazil
RDM/CPFL ....................
All Others .......................
The PRC
All Manufacturers/Producers/Exporters ........
Ukraine
All Manufacturers/Producers/Exporters ........
64.93
17.60
150.00
163.00
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
E:\FR\FM\29NON1.SGM
29NON1
Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices
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 these
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: November 22, 2011.
Paul Piquado,
Assistant Secretary for Import
Administration.
timely allegation of a ministerial error
contained in the Department’s
Preliminary Determination.4
After reviewing the allegation, we
have determined that the Preliminary
Determination included a significant
ministerial error. Therefore, in
accordance with 19 CFR 351.224(e), we
have made a change, as described
below, to the Preliminary
Determination.
Period of Investigation
The period of investigation (‘‘POI’’) is
July 1, 2010, through December 31,
2010. This period corresponds to the
two most recent fiscal quarters prior to
the month of the filing of the petition
(March 31, 2011).5
[FR Doc. 2011–30767 Filed 11–28–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Scope of Investigation
[A–570–975]
The scope of this investigation covers
galvanized steel wire which is a colddrawn carbon quality steel product in
coils, of solid, circular cross section
with an actual diameter of 0.5842 mm
(0.0230 inch) or more, plated or coated
with zinc (whether by hot-dipping or
electroplating).
Steel products to be included in the
scope of this investigation, regardless of
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) definitions,
are products in which: (1) Iron
predominates, by weight, over each of
the other contained elements; (2) the
carbon content is two percent or less, by
weight; and (3) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated:
—1.80 percent of manganese, or
—1.50 percent of silicon, or
—1.00 percent of copper, or
—0.50 percent of aluminum, or
—1.25 percent of chromium, or
—0.30 percent of cobalt, or
—0.40 percent of lead, or
—1.25 percent of nickel, or
—0.30 percent of tungsten, or
—0.02 percent of boron, or
—0.10 percent of molybdenum, or
—0.10 percent of niobium, or
—0.41 percent of titanium, or
—0.15 percent of vanadium, or
—0.15 percent of zirconium.
Specifically excluded from the scope
of this investigation is galvanized steel
wire in coils of 15 feet or less which is
pre-packed in individual retail
packages. The products subject to this
investigation are currently classified in
subheadings 7217.20.30 and 7217.20.45
Galvanized Steel Wire From the
People’s Republic of China: Amended
Preliminary Determination of Sales at
Less Than Fair Value
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 29,
2011.
SUMMARY: On November 4, 2011, the
Department of Commerce
(‘‘Department’’) published the
preliminary determination of sales at
less than fair value in the antidumping
investigation of galvanized steel wire
from the People’s Republic of China
(‘‘PRC’’).1 We are amending our
Preliminary Determination to correct
certain ministerial errors with respect to
the antidumping duty margin
calculation for the Baozhang entity.2
The corrections to the Baozhang entity’s
margin also affect the margin assigned
to companies receiving a separate rate.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry, 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)
482–7906.
SUPPLEMENTARY INFORMATION: On
November 4, 2011, Petitioners 3 filed a
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
1 See Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final
Determination: Galvanized Steel Wire from the
People’s Republic of China, 76 FR 68407 (November
4, 2011) (‘‘Preliminary Determination’’).
2 The Baozhang entity consists of Shanghai Bao
Zhang Industry Co., Ltd. and Anhui Bao Zhang
Metal Products Co., Ltd. (‘‘Anhui Baozhang’’), See
Preliminary Determination at 68413.
3 Davis Wire Corporation, Johnstown Wire
Technologies, Inc., Mid-South Wire Company, Inc.,
National Standard, LLC and Oklahoma Steel & Wire
Company, Inc. (collectively, ‘‘Petitioners’’).
VerDate Mar<15>2010
15:20 Nov 28, 2011
Jkt 226001
4 See Letter to the Department from Petitioners
Re: Antidumping Investigation of Galvanized Steel
Wire from the People’s Republic of China—
Petitioners’ Ministerial Error Comment Regarding
Preliminary Determination for Bao Zhang
Companies, dated November 4, 2011.
5 See 19 CFR 351.204(b)(1).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
73589
of the HTSUS which cover galvanized
wire of all diameters and all carbon
content. Galvanized wire is reported
under statistical reporting numbers
7217.20.3000, 7217.20.4510,
7217.20.4520, 7217.20.4530,
7217.20.4540, 7217.20.4550,
7217.20.4560, 7217.20.4570, and
7217.20.4580. These products may also
enter under HTSUS subheadings
7229.20.0015, 7229.20.0090,
7229.90.5008, 7229.90.5016,
7229.90.5031, and 7229.90.5051.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.
Significant Ministerial Error
Ministerial errors are defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ 19 CFR
351.224(e) provides that the Department
‘‘will analyze any comments received
and, if appropriate, correct any
significant ministerial error by
amending the preliminary
determination.’’ A significant
ministerial error is defined as a
ministerial error, the correction of
which, singly or in combination with
other errors, would result in: (1) A
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted-average
dumping margin calculated in the
original (erroneous) preliminary
determination; or (2) a difference
between a weighted-average dumping
margin of zero or de minimis and a
weighted-average dumping margin of
greater than de minimis or vice versa.6
Ministerial Error Allegation
Truck Freight for Baozhang
Petitioners argue that the Department
incorrectly applied the surrogate value
for truck freight on a per-kilogram basis,
rather than on a per-metric ton basis,
because the Baozhang entity reported its
factors of production (‘‘FOPs’’) on a permetric ton basis and the Department
calculated the Baozhang entity’s margin
on a per-metric ton basis. Petitioners
request that the Department correct this
error by converting the surrogate value
for truck freight to a per-metric ton
basis. Further, Petitioners contend that
correcting this error would result in a
significantly higher weight-averaged
6 See
E:\FR\FM\29NON1.SGM
19 CFR 351.224(g).
29NON1
Agencies
[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73587-73589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30767]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-824, A-570-828, A-823-805]
Silicomanganese From Brazil, the People's Republic of China, and
Ukraine: Final Results of the Expedited Third Sunset Reviews of the
Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2011, the Department of Commerce (``Department'')
initiated the third sunset reviews of the antidumping duty orders on
silicomanganese from Brazil,
[[Page 73588]]
the People's Republic of China (``PRC''), and Ukraine \1\ pursuant to
section 751(c) of the Tariff Act of 1930, as amended (``Act''). The
Department received a notice of intent to participate in all three
reviews from the domestic interested party, Eramet Marietta, Inc.
(``Eramet''), within the time specified in 19 CFR 351.218(d)(1)(i).\2\
On August 31, 2011, the Department received substantive responses from
Eramet. Based on the receipt of the substantive responses filed by the
domestic interested party within the 30-day deadline as specified by 19
CFR 351.218(d)(3)(i) and the lack of response from any respondent
interested party, the Department conducted expedited sunset reviews of
the antidumping duty orders pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset
reviews, the Department finds that revocation of the antidumping duty
orders would likely lead to continuation or recurrence of dumping, at
the levels indicated in the ``Final Results of Sunset Reviews'' section
of this notice.
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Silicomanganese From
Brazil, 59 FR 66003 (December 22, 1994), Notice of Antidumping Duty
Order: Silicomanganese From the People's Republic of China (PRC), 59
FR 66003 (December 22, 1994), and Suspension Agreement on
Silicomanganese From Ukraine; Termination of Suspension Agreement
and Notice of Antidumping Duty Order, 66 FR 43838 (August 21, 2001).
\2\ On August 19, 2011, the Department received a notice of
intent to participate from Felman Production Inc. (``Felman''), a
producer of the domestic like product. On August 22, 2011, Felman
requested an extension of the deadline to submit its notice of
intent to participate, as the deadline for domestic interested
parties to submit notices of intent to participate in the sunset
reviews was August 16, 2011, pursuant to 19 CFR 351.218(d)(l)(i)
(``the deadline for filing a `Notice of Intent' to participate by
domestic interested parties in a sunset review is `no later than 15
days after the date of publication of the initiation notice.' '').
In light of the compressed timelines for conducting the sunset
review under section 751(c) of the Act, and 19 CFR 351.218(d), the
Department denied Felman's request for an extension.
---------------------------------------------------------------------------
DATES: Effective Date: November 29, 2011.
FOR FURTHER INFORMATION CONTACT: Erin Begnal; AD/CVD Operations, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230;
telephone: (202) 482-1442.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2011, the Department initiated sunset reviews of the
orders on silicomanganese from Brazil, the PRC, and Ukraine pursuant to
section 751(c) of the Act. See Initiation of Five-year (``Sunset'')
Review, 76 FR 45778 (August 1, 2011). On August 31, 2011, the
Department received substantive responses from Eramet, pursuant to 19
CFR 351.218(d)(3)(i). In accordance with 19 CFR 351.218(d)(1)(ii)(A),
Eramet claimed interested party status under section 771(9)(C) of the
Act as a producer of the domestic like product. In its substantive
responses, Eramet indicated that Elkem Metals Company (``Elkem'') was
the petitioner in the original investigation but that since Eramet
purchased Elkem's silicomanganese operations in 1999, it has
participated actively in all administrative reviews and sunset reviews.
The Department did not receive a substantive response from any
respondent interested party in these sunset reviews. 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 conducted expedited sunset
reviews of the antidumping duty orders.
Scope of the Orders
The merchandise covered by the orders is silicomanganese.
Silicomanganese, which is sometimes called ferrosilicon manganese, is a
ferroalloy composed principally of manganese, silicon and iron, and
normally contains much smaller proportions of minor elements, such as
carbon, phosphorus, and sulfur. Silicomanganese generally contains by
weight not less than 4 percent iron, more than 30 percent manganese,
more than 8 percent silicon, and not more than 3 percent phosphorous.
All compositions, forms, and sizes of silicomanganese are included
within the scope of the order, including silicomanganese slag, fines,
and briquettes. Silicomanganese is used primarily in steel production
as a source of both silicon and manganese.
Silicomanganese is currently classifiable under subheading
7202.30.0000 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Some silicomanganese may also currently be classifiable
under HTSUS subheading 7202.99.5040. The orders cover all
silicomanganese, regardless of its tariff classification. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the orders remain dispositive.
Analysis of Comments Received
A complete discussion of all issues raised in these sunset reviews
is addressed in the accompanying Issues and Decision Memorandum (``I&D
Memo''), which is hereby adopted by this notice. See the Department's
memorandum entitled, ``Issues and Decision Memorandum for the Final
Results in the Expedited Sunset Review of the Antidumping Duty Order on
Silicomanganese from Brazil, the People's Republic of China, and
Ukraine'' concurrently dated with this notice. The issues discussed in
the accompanying I&D Memo include the likelihood of continuation or
recurrence of dumping and the magnitude of the dumping margins likely
to prevail if the antidumping orders were revoked. Parties can find a
complete discussion of all issues raised in this full sunset review and
the corresponding recommendation in this public memorandum which is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Services System (``IA
ACCESS''). Access to IA ACCESS is available in the Central Records Unit
room 7046 of the main Commerce building. In addition, a complete
version of the Decision Memorandum can be accessed directly on the Web
at https://ia.ita.doc.gov/frn. The signed Decision Memorandum and the
electronic versions of the Decision Memorandum are identical in
content.
Final Results of Sunset Reviews
The Department determines that revocation of the antidumping duty
orders on silicomanganese from Brazil, the PRC, and Ukraine would
likely lead to continuation or recurrence of dumping. The Department
also determines that the dumping margins likely to prevail if the
orders were revoked are as follows:
Manufacturers/Exporters/Producers Weighted-Average Margin
[Percent]
------------------------------------------------------------------------
------------------------------------------------------------------------
Brazil
RDM/CPFL............................................ 64.93
All Others.......................................... 17.60
The PRC
All Manufacturers/Producers/Exporters............... 150.00
Ukraine
All Manufacturers/Producers/Exporters............... 163.00
------------------------------------------------------------------------
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
[[Page 73589]]
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 these results and notice in
accordance with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: November 22, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-30767 Filed 11-28-11; 8:45 am]
BILLING CODE 3510-DS-P