[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Notices]
[Pages 11654-11655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6148]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-806]


Silicon Metal From The People's Republic of China; Preliminary 
Results of Antidumping Duty Administrative Review

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

ACTION: Notice of preliminary results of the antidumping duty 
administrative review of silicon metal from the People's Republic of 
China.

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SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on silicon metal 
from the People's Republic of China (PRC) in response to a request by a 
United States importer, Midland Exports, Ltd. This review covers 
shipments of this merchandise to the United States during the period 
June 1, 1996 through May 31, 1997.
    We have preliminarily determined that sales have been made below 
normal value (NV). If these preliminary results are adopted in our 
final results, we will instruct the U.S. Customs Service to assess 
antidumping duties based on the difference between export price and NV.
    Interested parties are invited to comment on these preliminary 
results. Parties who submit argument are requested to submit with each 
argument (1) a statement of the issue and (2) a brief summary of the 
argument.

EFFECTIVE DATE: March 10, 1998.

FOR FURTHER INFORMATION CONTACT: Gideon Katz or Maureen Flannery, 
Antidumping/Countervailing Duty Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington DC. 20230; telephone 
(202) 482-4733.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the provisions 
codified at 19 CFR part 353, as they existed on April 1, 1996.

Background

    The Department published in the Federal Register an antidumping 
duty order on silicon metal from the PRC on June 10, 1991 (56 FR 
26649). On June 11, 1997, the Department published in the Federal 
Register (62 FR 31786) a notice of opportunity to request an 
administrative review of the antidumping order on silicon metal from 
the PRC covering the period June 1, 1996 through May 31, 1997.
    On June 28, 1997, in accordance with 19 CFR 353.2(k)(1), Midland 
Exports, Ltd., a U.S. importer of the subject merchandise, requested 
that we conduct an administrative review of Shaanxi Machinery & 
Equipment Corporation (Shaanxi) and Hinan Peng-Hua National Industries, 
Corporation (Hinan). We published a notice of initiation of this 
antidumping duty administrative review on August 1, 1997 (62 FR 41339). 
The Department is conducting this administrative review in accordance 
with section 751 of the Act.

Scope of Review

    Imports covered by this review are shipments of silicon metal 
containing at least 96.00 but less than 99.99 percent of silicon by 
weight. Also covered by this review is silicon metal from the PRC 
containing between 89.00 and 96.00 percent silicon by weight but which 
contains a higher aluminum content than the silicon metal containing at 
least 96.00 percent but less than 99.99 percent silicon by weight. 
Silicon metal is currently provided for under subheadings 2804.69.10 
and 2804.69.50 of the Harmonized Tariff Schedule (HTS) as a chemical 
product, but is commonly referred to as a metal. Semiconductor-grade 
silicon (silicon metal containing by weight not less than 99.99 percent 
of silicon and provided for in subheading 2804.61.00 of the HTS) is not 
subject to this review. Although the HTS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.
    This review covers the period June 1, 1996 through May 31, 1997.

Facts Available

    We preliminarily determine that, in accordance with section 776(a) 
of the Act, the use of facts available is appropriate for Shaanxi and 
Hinan because these firms did not respond to the Department's 
antidumping questionnaire. Because necessary information is not 
available on the record with regard to sales by these two firms, the 
use of facts available is warranted.
    Where a respondent has failed to cooperate to the best of its 
ability, section 776(b) of the Act authorizes the Department to use 
facts available that are adverse to the interests of that respondent, 
which may include information derived from the petition, the final 
determination, a previous administrative review, or other information 
placed on the record. As facts available, we are using the rate from 
the petition, as adjusted by the Department in the investigation of 
sales at less than fair value (LTFV), 139.49 percent.
    Section 776(c) of the Act provides that when the Department relies 
on ``secondary information,'' the Department shall, to the extent 
practicable, corroborate that information with independent sources 
reasonably at the Department's disposal. That Statement of 
Administrative Action (SAA) accompanying the URAA clarifies that the 
petition is ``secondary information.'' See SAA at 870. The SAA also 
clarifies that ``corroborate'' means to determine whether the 
information used has probative value. Id. In accordance with this 
requirement, we corroborated the margin in the petition, to the extent 
practicable. (See Corroboration Memorandum from Gideon Katz to Edward 
Yang, March 2, 1998, on file in Room B-099 of the Commerce Department.)

Preliminary Results of Review

    We preliminarily determine that the following dumping margin 
exists:

------------------------------------------------------------------------
                                                                 Margin 
           Manufacturer/exporter               Time period     (percent)
------------------------------------------------------------------------
PRC rate..................................     6/1/96-5/31/97     139.49
------------------------------------------------------------------------

    Parties to the proceeding may request disclosure within 5 days of 
the date of publication of this notice in accordance with 19 CFR 
353.22(c)(6). Any interested party may request a hearing within 10 days 
of publication in accordance with 19 CFR 353.38(b). Any hearing, if 
requested, will be held 44 days after the publication of this notice, 
or the first workday thereafter. Interested parties may submit case 
briefs

[[Page 11655]]

within 30 days of the date of publication of this notice in accordance 
with 19 CFR 353.38(c). Rebuttal briefs, which must be limited to issues 
raised in the case briefs, may be filed not later than 37 days after 
the date of publication. The Department will publish a notice of final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any such comments, within 120 days 
after the date of publication of this notice.
    The Department shall determine, and the U.S. Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions directly to the U.S. Customs 
Service.
    Furthermore, the following deposit rate will be effective upon 
publication of the final results of this administrative review for all 
shipments of silicon metal from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit 
rate for all PRC exporters will be the PRC-wide rate established in the 
final results of this administrative review; and(2) the cash deposit 
rates for non-PRC exporters and subject merchandise from the PRC will 
be the rates applicable to the PRC supplier of that exporter.
    These deposit rates, when imposed, shall remain in effect until 
publication of the final results of the next administrative review.
    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 353.26 to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: March 2, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-6148 Filed 3-9-98; 8:45 am]
BILLING CODE 3510-DS-P