[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Notices]
[Pages 33297-33298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12980]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal From Brazil; Amended Final Results of Antidumping 
Duty Administrative Review in Accordance With Court Decision

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

ACTION: Notice of amended final results of antidumping duty 
administrative review in accordance with court decision.

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SUMMARY: On February 17, 1999, the Court of International Trade (CIT) 
affirmed the remand determination of the Department of Commerce (the 
Department) arising from the administrative review of the antidumping 
duty order on silicon metal from Brazil. See American Silicon 
Technologies, Elkem Metals Company, Globe Metallurgical, Inc. and SKW 
Metals & Alloys, Inc. v. United States, __CIT__, Slip Op. 99-17, 
(February 17, 1999). No party appealed this decision. As there is now a 
final and conclusive court decision in this segment, we are amending 
the final results of reviews in this matter and will instruct the U.S. 
Customs Service to liquidate entries subject to these amended final 
results.

EFFECTIVE DATE: May 23, 2000.

FOR FURTHER INFORMATION CONTACT: Robert Bolling or Jim Doyle, 
Antidumping/Countervailing Duty Enforcement, Import Administration,

[[Page 33298]]

International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington DC 20230; telephone 
(202) 482-3434 and (202) 482-0159, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 31, 1991, the Department issued an antidumping duty order 
on silicon metal from Brazil. See Antidumping Duty Order: Silicon Metal 
from Brazil, 56 FR 36135 (July 31, 1991) (Antidumping Duty Order). On 
September 5, 1996, the Department published its final results of the 
second administrative review of silicon metal for four Brazilian 
exporters, Companhia Brasilerira Carbureto de Calcio (``CBCC''), 
Companhia Ferroligas Minas Gerais-Minasligas (``Minasligas''), 
Eletrosilex Belo Horizonte (``Eletrosilex''), Rima Eletrometalurgia 
S.A. (``Rima''). See Silicon Metal from Brazil; Final Results of 
Antidumping Administrative Review, 61 FR 46763 (September 5, 1996) 
(Final Results). On September 9, 1997, the Department published amended 
final results to correct ministerial errors raised by the parties after 
requesting and receiving from the CIT authority to do so. See Silicon 
Metal from Brazil: Amended Final Results of Antidumping Duty 
Administrative Review 62 FR 47441 (September 9, 1997) (Amended Final 
Results).
    On July 30, 1998, the CIT issued an order, American Silicon 
Technologies v. United States, 19 F. Supp. 2d 1121 (CIT 1998), 
remanding to the Department the Amended Final Results. In its July 30, 
1998 order, the CIT instructed the Department to ensure that any 
reduction of reported interest expenses for CBCC and Eletrosilex is 
based upon income specifically derived from short-term investments. 
Id., at 1123.
    On December 16, 1998, the Department filed its final results 
pursuant to remand. See Final Results of Redetermination Pursuant to 
Court Remand, American Silicon Technologies, Elkem Metals Company, 
Globe Metallurgical, Inc. and SKW Metals & Alloys, Inc. v. United 
States (December 16, 1998). On February 17, 1999, the CIT upheld the 
Department's redetermination on remand. See American Silicon 
Technologies, Elkem Metals Company, Globe Metallurgical, Inc. and SKW 
Metals & Alloys, Inc. v. United States, __CIT__, Slip Op. 99-17, 
(February 17, 1999). Neither party appealed the CIT's decision.
    Because neither party appealed, there is now a final and conclusive 
court decision in this action. We are therefore amending our final 
results of review for the period July 1, 1992 through June 30, 1993. We 
recalculated margins for CBCC and Eletrosilex. The revised weighted 
average margins are as follows:

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           Manufacturer/Exporter                  Margin  (percent)
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CBCC......................................  35.43
Eletrosilex...............................  51.84
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    Accordingly, the Department will determine, and the Customs Service 
will assess, antidumping duties on all entries of subject merchandise 
from CBCC and Eletrosilex in accordance with these amended final 
results. For assessment purposes, we have calculated importer-specific 
duty assessment rates for each class or kind of merchandise based on 
the ratio of the total amount of antidumping duties calculated for the 
examined sales to the total quantity of sales examined. The Department 
will issue appraisement instructions directly to Customs. The above 
rate will not affect CBCC or Eletrosilex's cash deposit rates currently 
in effect, which continue to be based on the margins found to exist in 
the most recently completed review.
    This notice is published in accordance with section 751(a)(1) of 
the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.221.

    Dated: May 15, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-12980 Filed 5-22-00; 8:45 am]
BILLING CODE 3510-DS-P