[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Notices]
[Pages 31514-31515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12581]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-828]


Silicomanganese From the People's Republic of China: Notice of 
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 November 8, 1999, the Department of Commerce (``the 
Department'') published the preliminary results of administrative 
review of the antidumping duty order on silicomanganese from the 
People's Republic of China (``PRC''). This review covers two 
manufacturers/exporters, Guangxi Bayi Ferroalloy Works (``Bayi''), and 
Sichuan Emei Ferroalloy Import and Export Co., Ltd. (``Emei''). The 
period of review (``POR'') is December 1, 1997 through November 30, 
1998.
    The final weighted-average dumping margins for the reviewed firms 
are listed below in the section entitled ``Final Results of Review.'' 
The final margins differ from those published in the preliminary 
results due to changes that we made since the preliminary results. For 
details regarding these changes, see the section of the notice entitled 
``Changes Since the Preliminary Results.''

EFFECTIVE DATE: May 18, 2000.

FOR FURTHER INFORMATION CONTACT: Timothy Finn or Howard Smith, AD/CVD 
Enforcement Group II, Office IV, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0065 
or (202) 482-5193 respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    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 Rounds Agreements Act (``URAA''). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the current regulations at 19 CFR part 351 (1999).

Background

    Since the publication of the preliminary results, the following 
events have occurred. On November 29, 1999 the respondents and the 
petitioner (Eramet Marietta Inc. (``Eramet'')) submitted publicly 
available information and comments regarding factor valuation. On 
December 8, 1999 the respondents filed rebuttal comments regarding the 
petitioner's November 29, 1999 factor value submission. The Department 
issued supplemental questionnaires to the respondents on December 16, 
1999, and received responses to those questionnaires on January 7, 
2000. On January 11, 2000, the Department published in the Federal 
Register a notice extending the due date for the final results until 
May 6, 2000 (65 FR 1597). In January 2000, the Department conducted 
verifications of Bayi and Emei. Public versions of our verification 
reports, dated March 1, 2000, are on file in the Central Records Unit 
(``CRU''), room B-099 of the main Department of Commerce building, 
under the appropriate case number. In response to the Department's 
invitation to comment on the preliminary results of review, the 
petitioner and the respondents filed case and rebuttal briefs in March 
2000. The Department held a public hearing regarding this review on 
April 3, 2000.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of the Review

    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 4 percent iron, more than 30 percent manganese, 
more than 8 percent silicon and not more than 3 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 (``HTS''). Some silicomanganese may also currently be 
classifiable under HTS subheading 7202.99.5040. Although the HTS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope 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 Memorandum'') from Holly A. Kuga, Acting 
Deputy Assistant Secretary, Important Administration, to Troy H. Cribb, 
Acting Assistant Secretary for Import Administration, dated May 8, 
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 Memorandum, 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 Record Unit, room B-099 of 
the main Department of Commerce building. In addition a complete 
version of the Decision Memorandum 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 Memorandum are identical in content.

Use of Facts Available

    For a discussion of our use of facts available, see the ``Facts 
Available'' section of the Decision Memorandum.

Changes Since the Preliminary Results of Review

    Based on the corrections presented at verification, the 
Department's verification findings, and our analysis of the 
petitioner's and the respondents' comments, we have made certain 
changes to the factors of production and surrogate values used to 
calculate the margins in the preliminary results. We have also 
corrected certain clerical errors in our margin calculations. The 
changes and corrections are discussed

[[Page 31515]]

in the relevant sections of the Decision Memorandum. Further details 
regarding the changes and corrections can be found in the Decision 
Memorandum, surrogate value memorandum (see Surrogate Values Used for 
the Final Results of the 1997-1998 Administrative Review of 
Silicomanganese From the People's Republic of China) and company-
specific analysis memoranda (see Analysis for the Final Results of the 
1997-1998 Administrative Review of Silicomanganese From the People's 
Republic of China: Guangxi Bayi Ferroalloy and Analysis for the Final 
Results of the 1997-1998 Administrative Review of Silicomanganese From 
the People's Republic of China: Sichuan Emei Ferroalloy Import and 
Export Co., Ltd.), all of which are on file in room B-099 of the main 
Department of Commerce building.

Final Results of Review

    We determine that the following percentage weighted-average margins 
exist for the period December 1, 1997 through November 30, 1998:

------------------------------------------------------------------------
                                                              Margin
                  Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Guangxi Bayi Ferroalloy Works...........................          126.22
Sichuan Emei Ferroalloy Import and Export Co., Ltd......          182.97
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated exporter/importer-specific 
assessment rates. We divided the total dumping margins for sales to a 
specific importer by the total units of subject merchandise sold to the 
importer in order to calculate a per-unit dollar assessment. The per-
unit dollar amount will be assessed uniformly against each unit of 
subject merchandise that the importer entered during the POR.

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 silicomanganese from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rates 
for the reviewed companies will be the rates shown above; (2) for 
previously reviewed or investigated companies not listed above that 
have separate rates, the cash deposit rate will continue to be the 
company-specific rate published for the most recent period; (3) the 
cash deposit rate for all other PRC exporters will continue to be 
150.00 percent; and (4) the cash-deposit rate for non-PRC exporters 
will be the rate applicable to the PRC supplier of that exporter.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    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 the only reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an APO in accordance with 19 CFR 351.305 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 8, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comments and Responses

I. Factor Valuation
II. Facts Available
III. Clerical Errors
IV. Miscellaneous Issues
    1. Classifying Electrode Paste as a Direct Material or Part of 
Overhead
    2. Allocating Costs Over Production Quantities That Include 
Fines
    3. Reducing Normal Value for Sales of Silicomanganese Slag
    4. Recalculating Emei's Electricity Consumption Based on 
Verification Findings
[FR Doc. 00-12581 Filed 5-17-00; 8:45 am]
BILLING CODE 3510-DS-P