[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Notices]
[Pages 570-571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-161]


[[Page Unknown]]

[Federal Register: January 5, 1994]


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DEPARTMENT OF COMMERCE
[A-570-824]

 

Postponement of Final Antidumping Duty Determination and 
Correction of Ministerial Errors: Silicon Carbide From the People's 
Republic of China

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

ACTION: Notice.

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EFFECTIVE DATE: January 5, 1994.

FOR FURTHER INFORMATION CONTACT: Edward Easton or Steve Alley, Office 
of Antidumping Investigations, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1777 or (202) 482-5288, respectively.

Postponement of Final Determination

    Hainan Feitian Electrontech Co., Ltd. (Hainan), Shaanxi Minmetals 
(Shaanxi), Xiamen Abrasive Co. (Xiamen), 7th Grinding Wheel Factory 
Import and Export Corp., Qinghai Metals and Minerals Import & Export 
Corp., and The Import and Export Corporation of Inner Mongolia 
Autonomous Region, responding exporters in this proceeding, account for 
a significant proportion of exports of merchandise covered by this 
investigation. On December 1 and 3, 1993, these exporters requested 
that the Department of Commerce (the ``Department'') postpone its final 
determination until not later than 135 days after the date of 
publication of the preliminary determination.
    Our November 29, 1993, preliminary determination (58 FR 64549, 
December 8, 1993) in this proceeding was affirmative. In accordance 
with section 735(a)(2) of the Tariff Act of 1930, as amended (the Act) 
and 19 CFR 353.20(b), when, subsequent to an affirmative preliminary 
determination, we receive a request for postponement of the final 
determination from exporters who account for a significant proportion 
of the merchandise under investigation, we are required, absent 
compelling reasons for denial, to grant the request. Accordingly, we 
are postponing our final determination as to whether sales of silicon 
carbide from the PRC have been made at less than fair value until not 
later than April 22, 1994.

Amended Preliminary Determination

    On December 2, 1993, we disclosed our calculations for the 
preliminary determination to counsel for Hainan, Shaanxi, and Xiamen. 
On December 7, 1993, we received timely submissions from each of these 
three exporters alleging ministerial errors in the Department's 
preliminary determination calculations. (For specific details of these 
allegations and our analysis of them, see Memorandum from Richard W. 
Moreland to Barbara R. Stafford of December 20, 1993).
    One of these exporters, Hainan, alleged that the Department made 
certain errors with respect to the valuation of freight rates and 
packing materials. We agree, and in accordance with procedures set 
forth in the proposed regulations, we are amending Hainan's preliminary 
dumping margin because the corrections represent a change of more than 
five absolute percentage points and more than 25 percent of the dumping 
margin calculated in the original (erroneous) preliminary 
determination. See Sec. 353.15(g)(4)(ii) of the Department's proposed 
regulations, 57 FR 1131 (January 10, 1992). The corrected dumping 
margin for Hainan is 50.42 percent.
    The rest of the alleged ministerial errors were either not 
ministerial in nature or could not be considered a ``significant 
ministerial error.'' See Sec. 353.15(g)(4) of the Department's proposed 
regulations.

Public Comment

    In accordance with 19 CFR 353.38, case briefs or other written 
comments in at least ten copies must now be submitted to the Assistant 
Secretary for Import Administration no later than March 30, 1994, and 
rebuttal briefs, no later than April 4, 1994. In accordance with 19 CFR 
353.38(b), we will hold a public hearing, if requested, to afford 
interested parties an opportunity to comment on arguments raised in 
case or rebuttal briefs. Tentatively, the hearing will now be held on 
April 6, 1994, at 10 a.m. at the U.S. Department of Commerce, room 
3708, 14th Street and Constitution Avenue, NW., Washington, DC 20230. 
Parties should confirm by telephone the time, date, and place of the 
hearing 48 hours before the scheduled time.
    This notice is published pursuant to section 735(d) of the Act, 19 
CFR 353.20(b)(2) and in accordance with procedures set forth in the 
Department's proposed regulations, Sec. 353.15(g)(3), 57 FR 1131 
(January 10, 1992).

    Dated: December 23, 1993.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-161 Filed 1-4-94; 8:45 am]
BILLING CODE 3510-DS-P