[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31624]


[[Page Unknown]]

[Federal Register: December 22, 1994]


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DEPARTMENT OF COMMERCE
[A-570-828]

 

Notice of Antidumping Duty Order: Silicomanganese From the 
People's Republic of China (PRC)

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

EFFECTIVE DATE: December 22, 1994.

FOR FURTHER INFORMATION CONTACT: Michelle Frederick or John Brinkmann, 
Office of Antidumping Duty Investigations, Import Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone (202) 482-0186 or (202) 482-5288, 
respectively.

Scope of Order

    The merchandise covered by this order is silicomanganese. 
Silicomanganese, which is sometimes called ferrosilicon manganese, is a 
ferroalloy composed principally of manganese, silicon, and iron, and 
normally containing much smaller proportions of minor elements, such as 
carbon, phosphorous and sulfur. Silicomanganese generally contains by 
weight not less than four percent iron, more than 30 percent manganese, 
more than eight percent silicon and not more than three percent 
phosphorous. All compositions, forms and sizes of silicomanganese are 
included within the scope of this investigation, including 
silicomanganese slag, fines and briquettes. Silicomanganese is used 
primarily in steel production as a source of both silicon and 
manganese. This investigation covers all silicomanganese, regardless of 
its tariff classification. Most silicomanganese is currently 
classifiable under subheading 7202-30-0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Some silicomananese may also 
currently be classifiable under HTSUS subheading 7202.99.5040. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope is dispositive.

Antidumping Duty Order

    On December 14, 1994, in accordance with section 735(d) of the Act, 
the U.S. International Trade Commission (ITC) notified the Department 
that an industry in the United States is threatened with material 
injury by reason of such imports. The ITC did not determine, pursuant 
to section 735(b)(4)(B)of the Act that, but for the suspension of 
liquidation of entries of silicomanganese from the PRC, the domestic 
industry would have been materially injured.
    When the ITC fins threat of material injury, and makes a negative 
``but for'' finding, the ``Special Rule'' provision of section 
736(b)(2) applies. Therefore, all unliquidated entries or warehouse 
withdrawals, for consumption of silicomanganese from the PRC made on or 
after December 14, 1994, the date on which the ITC issued its final 
determination of threat of material injury, will be liable for the 
assessment of antidumping duties. The Department will direct U.S. 
Customs officers to terminate the suspension of liquidation for entries 
entered, or withdrawn from warehouse, for consumption before December 
14, 1994, and to release any bond or other security, and refund any 
cash deposit, posted to secure the payment of estimated antidumping 
duties with respect to these entries.
    The Department will direct U.S. Customs officers to assess, upon 
further advice by the administering authority pursuant to section 
736(a)(1) of the Act, antidumping duties equal to the amount by which 
the foreign market value of the merchandise exceeds the United States 
price for all entries of silicomanganese from the PRC. These 
antidumping duties will be assessed on all unliquidated entries of 
silicomanganese from the PRC entered, or withdrawn from warehouse, for 
consumption on or after the date on which the ITC issued its final 
affirmative determination of threat of material injury. U.S. Customs 
officers must require, at the same time as importers would normally 
deposit estimated duties on this merchandise, a cash deposit of 150.00 
percent ad valorem on all entries of silicomanganese from the PRC.

Date Adjustment of Suspension of Liquidation

    Based on the information available to the Department for the 
preliminary determination (59 FR 31199, June 17, 1994), the Department 
determined that critical circumstances existed for imports of 
silicomanganese from the PRC, However, the ITC determined, as required 
by section 735(b)(4)(A) of the Act, that retroactive imposition of 
antidumping duties of the merchandise is not necessary to prevent 
recurrence of material injury that was caused by massive imports of the 
merchandise over a relatively short period of time. Therefore, in 
accordance with the ITC finding and pursuant to section 735(c)(3) of 
the Act, the Department will direct the Customs Service to terminate 
the retroactive suspension of liquidation and to release any bond or 
security, and refund any cash deposit required under section 733(d)(2) 
of the Act with respect to entries of silicomanganese, the liquidation 
of which was suspended retroactively under section 733(e)(2) of the 
Act.
    This notice constitutes the antidumping duty order with respect to 
silicomanganese from the PRC, pursuant to section 736(a) of the Act. 
Interested parties may contact the Central Records Unit, Room B-099 of 
the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 353.21.

    Dated: December 19, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-31624 Filed 12-20-94; 3:01 pm]
BILLING CODE 3510-DS-P