[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Notices]
[Pages 5311-5312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2417]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-804]


Silicon Metal From Argentina: Final Results of Antidumping Duty 
Administrative Review

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

ACTION:  Notice of final results of antidumping duty administrative 
review.

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SUMMARY:  On October 12, 1999, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on silicon metal from Argentina. We preliminarily determined 
that sales of the subject merchandise were not made below normal value. 
This review covers one producer/exporter, Electrometalurgica Andina 
S.A.I.C. (``Andina'') and the period September 1, 1997 through August 
31, 1998.
    We gave interested parties an opportunity to comment on the 
preliminary results. No comments were received. Therefore, we have made 
no changes for the final results. We have determined that Andina has 
not made sales below normal value during the period of review. 
Accordingly, we will instruct the U.S. Customs Service not to assess 
antidumping duties on entries subject to this review.

EFFECTIVE DATE:  February 3, 2000.

FOR FURTHER INFORMATION CONTACT:  Helen M. Kramer or Linda Ludwig, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone (202) 482-0405 or 482-3833, 
respectively.

APPLICABLE STATUTE AND REGULATIONS: Unless otherwise indicated, all 
citations to the Trade and Tariff Act of 1930, as amended (the Act) are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Act by the Uruguay Round Agreements 
Act of 1994 (URAA). In addition, unless otherwise indicated, all 
references to the Department's regulations are to 19 CFR Part 351 
(1998).

SUPPLEMENTARY INFORMATION:   

Background

    On September 26, 1991, the Department published an antidumping duty 
order on silicon metal from Argentina (56 FR 48779), which was amended 
on July 10, 1995, pursuant to court remand (60 FR 35551). The 
Department published a notice of ``Opportunity To Request 
Administrative Review'' of the antidumping duty order for the 1997/1998 
review period on September 11, 1998 (63 FR 49543). On September 30, 
1998, the respondent, Electrometalurgica Andina S.A.I.C. (``Andina'') 
filed a request for review. We published a notice of initiation of this 
review on October 29, 1998 (63 FR 58009). This review covers the period 
of September 1, 1997 through August 31, 1998. On October 30, 1998, the 
Department sent an antidumping questionnaire to Andina. The Department 
received questionnaire responses in November and December 1998, and 
responses to the Department's supplemental questionnaires in January 
and February 1999.
    Due to the complexity of issues involved in this case, the 
Department extended the time limit for completion

[[Page 5312]]

of the preliminary results until September 30, 1999, in accordance with 
section 751(a)(3)(A) of the Act. On October 12, 1999, the preliminary 
results were published. See 64 FR 55249. The Department has now 
completed this review in accordance with section 751(a) of the Act. We 
made no changes in the calculation methodology from the preliminary 
results.

Scope of the Review

    The product covered by this review is silicon metal. During the 
less-than-fair-value (LTFV) investigation, silicon metal was described 
as containing at least 96.00 percent, but less than 99.99 percent, 
silicon by weight. In response to a request by the petitioners for 
clarification of the scope of the antidumping duty order on silicon 
metal from the People's Republic of China, the Department determined 
that material with a higher aluminum content containing between 89 and 
96 percent silicon by weight is the same class or kind of merchandise 
as silicon metal described in the LTFV investigation. See Final Scope 
Rulings--Antidumping Duty Orders on Silicon Metal From the People's 
Republic of China, Brazil and Argentina (February 3, 1993). Therefore, 
such material is within the scope of the orders on silicon metal from 
the PRC, Brazil and Argentina. Silicon metal is currently provided for 
under subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff 
Schedule (HTS) and 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. These HTS subheadings are provided 
for convenience and U.S. Customs purposes. Our written description of 
the scope of the proceeding is dispositive.

Verification

    As provided in section 782(i)(3) of the Act, we verified sales and 
cost information provided by Andina at its headquarters in Buenos Aires 
and at its plant in San Juan, Argentina from May 17 through 28, 1999, 
using standard verification procedures, including inspection of the 
manufacturing facilities, examination of relevant sales and financial 
records, and selection of original documentation containing relevant 
information. As a result of our findings at verification, we adjusted 
the costs of wood chips and electricity. See ``Verification of Cost at 
Electrometalurgica Andina S.A.I.C., San Juan and Buenos Aires, 
Argentina, May 17-21, 1999,'' dated August 6, 1999, ``Verification of 
Sales at Electrometalurgica Andina S.A.I.C., San Juan and Buenos Aires, 
Argentina, May 24-28, 1999,'' dated August 6, 1999, and ``Analysis of 
Electrometalurgica Andina S.A.I.C. for the Preliminary Results of the 
Administrative Review of Silicon Metal from Argentina for the Period 
September 1, 1997 through August 31, 1998,'' dated September 10, 1999, 
on file in the Central Records Unit, Room B-099 of the Department.

Final Results of the Review

    As a result of this review, we have determined that the following 
margin exists for the period September 1, 1997 through August 31, 1998:

------------------------------------------------------------------------
                                                                Margin
      Manufacturer/exporter                 Period            (percent)
------------------------------------------------------------------------
Electrometalurgica Andina          9/1/97-8/31/98..........         0.00
 S.A.I.C..
------------------------------------------------------------------------

    In accordance with 19 CFR 351.106(c)(2), the Department will 
instruct the Customs Service to liquidate without regard to antidumping 
duties all entries of the subject merchandise during the POR for which 
the importer-specific assessment rate is zero or de minimis (i.e., less 
than 0.50 percent).
    Further, the following deposit requirements shall be effective for 
all shipments of the subject merchandise from Argentina that are 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of the final results of this administrative review, as 
provided for by section 751(a)(1) of the Act: (1) The cash deposit rate 
for Andina will be the rate established above in the ``Final Results of 
Review'' section; (2) for previously investigated companies not listed 
above, the cash deposit rate will continue to be the company-specific 
rate published for the most recent period; (3) if the exporter is not a 
firm covered in this review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters of this 
merchandise will continue to be 17.87 percent, the all others rate 
established in the amended final determination of the LTFV 
investigation. See Notice of Amendment to Final Determination and 
Antidumping Duty Order: Silicon Metal From Argentina, 60 FR 35551 (July 
10, 1995). The deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d). Timely written notification of 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulation and the terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.

    Dated: January 24, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 00-2417 Filed 2-2-00; 8:45 am]
BILLING CODE 3510-DS-P