[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Notices]
[Pages 30067-30068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11736]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-840]


Manganese Metal From the People's Republic of China; 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 of manganese metal from the People's Republic of China.

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SUMMARY: We have determined that sales by China Metallurgical Import & 
Export Hunan Corporation/Hunan Nonferrous Metals Import & Export 
Associated Corporation and by China Hunan International Economic 
Development (Group) Corporation have been made below normal value 
during the period of review of February 1, 1998, through January 31, 
1999. Based on our analysis of the comments received, we have made 
changes in the margin calculation of China Metallurgical Import & 
Export Hunan Corporation/Hunan Nonferrous Metals Import & Export 
Associated Corporation. Consequently, the final results differ from the 
preliminary results. The final weighted-average dumping margin for this 
firm is listed below in the section entitled ``Final Results of the 
Review.'' Based on these final results of review, we will instruct the 
Customs Service to assess antidumping duties based on the difference 
between the export price and normal value on all appropriate entries. 
China Hunan International Economic Development (Group) Corporation did 
not respond to our questionnaire and has been assigned a dumping margin 
based on adverse facts available.

EFFECTIVE DATE: May 10, 2000.

FOR FURTHER INFORMATION CONTACT: Greg Campbell or Suresh Maniam, Group 
1, Office I, 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) 482-2239 or (202) 482-0176, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the 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 (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(Department) regulations are to 19 CFR part 351 (1999).

Background

    On December 9, 1999, the Department published the Preliminary 
Results.\1\ The review covers two PRC exporters. The period of review 
(POR) is February 1, 1998, through January 31, 1999. We invited parties 
to comment on our preliminary results of review. At the request of 
certain interested parties, we held a public hearing on February 3, 
2000. The Department has conducted this administrative review in 
accordance with section 751 of the Act.
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    \1\ Manganese Metal from the People's Republic of China; 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review, 64 FR 68999 (December 9, 1999) (Preliminary 
Results).
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Scope of Review

    The merchandise covered by this review is manganese metal, which is 
composed principally of manganese, by weight, but also contains some 
impurities such as carbon, sulfur, phosphorous, iron and silicon. 
Manganese metal contains by weight not less than 95 percent manganese. 
All compositions, forms and sizes of manganese metal are included 
within the scope of this administrative review, including metal flake, 
powder, compressed powder, and fines. The subject merchandise is 
currently classifiable under subheadings 8111.00.45.00 and 
8111.00.60.00 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, our written description of the scope of this 
proceeding is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy Assistant 
Secretary, Import Administration, to Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated May 3, 2000, which is hereby 
adopted by this notice. A list of the issues which parties have raised 
and to which we have responded, all of which are in the Decision Memo, 
is attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in the 
Central Records Unit, room B-099 of the main Department building. In 
addition, a complete version of the Decision Memo can be accessed 
directly on the Web at www.ita.doc.gov/import__admin/records/frn/. The 
paper copy and electronic version of the Decision Memo are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculation for China Metallurgical Import & 
Export Hunan Corporation/Hunan Nonferrous Metals Import & Export 
Associated Corporation (CMIECHN/CNIECHN). These changes are as follows:
    Ore 2: To value Ore 2, we are using an average of two price 
quotations from separate Indian manganese ore producers. See the 
Decision Memo at Comment 4.
    Electricity: We have derived a surrogate value for electricity 
based on electricity price data published by the Center for Monitoring 
Indian Economy (CMIE) and on an electricity-specific

[[Page 30068]]

price index published by the Reserve Bank of India. See the Decision 
Memo at Comment 5.
    Factory Overhead, SG&A and Profit: We have derived surrogate ratios 
for factory overhead, SG&A and profit based on financial data for 
Indian nonferrous metals producers, as published by the CMIE. See the 
Decision Memo at Comment 9.
    Ocean Freight: We have used as a surrogate value for ocean freight 
information obtained from the Federal Maritime Commission on freight 
rates during the POR. See the Decision Memo at Comment 12.

Final Results of Review

    We determine that the following percentage weighted-average margins 
exist for the period February 1, 1998, through January 31, 1999:

------------------------------------------------------------------------
                                                                Margin
                          Exporter                             (percent)
------------------------------------------------------------------------
CMIECHN/CNIECHN.............................................       36.49
PRC-wide....................................................      143.32
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    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. The Department will 
issue appraisement instructions directly to the Customs Service.
    In order to assess duties on appropriate entries as a result of 
this review, we have calculated entry-specific duty assessment rates 
based on the ratio of the amount of duty calculated for each of 
CMIECHN/CNIECHN's verified sales during the POR to the entered value of 
the corresponding entry. The Department will instruct the Customs 
Service to assess these rates on those entries which correspond to 
sales verified by the Department as having been made directly by 
CMIECHN/CNIECHN. With respect to Sumitomo Canada, Ltd. (SCL) and London 
& Scandinavian Metallurgical Co., Ltd. (LSM), third-country resellers 
which established the identity of their PRC suppliers, the Department 
will instruct Customs to liquidate these entries at the cash deposit 
rate in effect for their supplier(s) at the time of entry.
    As discussed in the Preliminary Results,\2\ however, the Customs 
entry data for the POR indicates that many more shipments of manganese 
metal listing CMIECHN/CNIECHN as the manufacturer/exporter were entered 
into the United States than the number of POR sales reported by 
CMIECHN/CNIECHN. On those entries listing CMIECHN/CNIECHN as the direct 
exporter but for which there are no corresponding verified sales or 
sales by LSM or SCL, the Department will instruct the Customs Service 
to assess the PRC-wide rate of 143.32 percent. This is consistent with 
the Department's practice as applied during the previous review.\3\ The 
Department will likewise instruct the Customs Service to assess the 
PRC-wide rate on all POR entries from China Hunan International 
Economic Development (Group) Corporation (HIED) and on all entries from 
other PRC exporters that do not have separate rates.
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    \2\ 64 FR at 69001.
    \3\ Manganese Metal from the People's Republic of China; Final 
Results of Antidumping Duty Administrative Review, 64 FR 49449 
(September 13, 1999).
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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of manganese metal from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
this notice, as provided by section 751(a)(1) of the Act: (1) The cash 
deposit rate for CMIECHN/CNIECHN will be the rate shown above; (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) for sales made by LSM, SCL 
and other non-PRC exporters of subject merchandise from the PRC, the 
cash deposit rates will be those cash deposit rates in effect at the 
time of entry for their respective PRC supplier(s); \4\ and (4) for all 
other PRC exporters, including HIED, the cash deposit rate will be 
143.32 percent. This rate is the ``PRC-wide'' rate from the less-than-
fair-value investigation. These deposit requirements shall remain in 
effect until publication of the final results of the next 
administrative review.
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    \4\ See e.g., Manganese Metal from the People's Republic of 
China; Final Results of Antidumping Duty Administrative Review, 64 
FR 49447 (September 13, 1999); Fresh Garlic from the PRC; Final 
Results of Antidumping Duty Administrative Review and Partial 
Termination of Administrative Review, 62 FR 23758, 23760 (May 1, 
1997); Sparklers from the PRC; Final Results of Antidumping Duty 
Administrative Review, 61 FR 39630, 39631 (July 30, 1996).
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    This notice also 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 doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or 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 this determination and notice in 
accordance with sections section 751(a)(1) and 771(i) of the Act.

    Dated: May 3, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix--List of Comments and Issues in the Decision Memorandum

Comment 1: Application of China-wide Rate
Comment 2: Normal Value for SCL
Comment 3: Factual Information Regarding CMIECHN/CNIECHN
Comment 4: Ore Valuation
Comment 5: Electricity Valuation
Comment 6: Liquid Ammonia Valuation
Comment 7: Selenium Dioxide Valuation
Comment 8: Positive Mud Valuation
Comment 9: Factory Overhead, SG&A, and Profit Valuation
Comment 10: Excluding Labor from Factory Overhead and SG&A Ratios
Comment 11: Ocean Freight--Use of Reported Costs
Comment 12: Ocean Freight Valuation

[FR Doc. 00-11736 Filed 5-9-00; 8:45 am]
BILLING CODE 3510-DS-P