[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Notices]
[Pages 35324-35325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13881]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-828; A-351-824]


Silicomanganese From the People's Republic of China and Brazil; 
Final Results of Antidumping Duty Expedited Sunset Reviews

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

ACTION: Notice of Final Results of Antidumping Duty Expedited Sunset 
Reviews: Silicomanganese from the People's Republic of China and 
Brazil.

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SUMMARY: On November 2, 1999, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset reviews of 
the antidumping duty orders on silicomanganese from the People's 
Republic of China (``China'') and Brazil. The products covered by these 
orders are silicomanganese, which is sometimes called ferrosilicon 
manganese. On the basis of notices of intent to participate and 
adequate substantive comments filed on behalf of a domestic interested 
party and inadequate response (in these cases, no response) from 
respondent interested parties, we determined to conduct expedited 
reviews. Based on our analysis of the comments received, we find that 
revocation of the antidumping duty orders would be likely to lead to 
continuation or recurrence of dumping at the levels listed below in the 
section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: June 2, 2000.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, Washington, DC 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    This review was conducted pursuant to sections 751(c) and 752 of 
the Tariff Act of 1930, as amended (``the Act''). The Department's 
procedures for the conduct of sunset reviews are set forth in 
Procedures for Conducting Five-year (``Sunset'') Reviews of Antidumping 
and Countervailing Duty Orders, 63 FR

[[Page 35325]]

13516 (March 20, 1998) (``Sunset Regulations''), and 19 CFR part 351 
(1999) in general. Guidance on methodological or analytical issues 
relevant to the Department's conduct of sunset reviews is set forth in 
the Department's Policy Bulletin 98:3--Policies Regarding the Conduct 
of Five-year (``Sunset'') Reviews of Antidumping and Countervailing 
Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset 
Policy Bulletin'').

Background

    On November 2, 1999, the Department published the notice of 
initiation of sunset reviews of the antidumping duty orders on 
silicomanganese from China and Brazil (64 FR 59160). We received a 
Notice of Intent to Participate on behalf of Eramet Marietta Inc. 
(``Eramet''), in each of the two sunset reviews, by November 17, 1999, 
within the deadline specified in section 351.218(d)(1)(i) of the Sunset 
Regulations. Eramet claimed interested-party status under section 
771(9)(C) of the Act as a domestic producer of silicomanganese.\1\
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    \1\ Eramet asserts that on June 30, 1999, Elkem Metals Company 
(``Elkem''), the original petitioner, sold its silicomanganese 
operations to Eramet SA. As a result, Eramet, a subsidiary of Eramet 
SA, now owns these operations.
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    We received a complete substantive response, in each of the two 
sunset reviews, on behalf of Eramet within the 30-day deadline 
specified in the Sunset Regulations under section 351.218(d)(3)(i). In 
its substantive response, Eramet indicated that Elkem, now Eramet, was 
the petitioner in the original investigation and participated actively 
in these proceedings since their inception. We did not receive a 
substantive response from any respondent interested party to these 
proceedings. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C), the 
Department determined to conduct expedited, 120-day, reviews of these 
orders.
    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a review as extraordinarily complicated if it is a 
review of a transition order (i.e., an order in effect on January 1, 
1995). The reviews at issue concern transition orders within the 
meaning of section 751(c)(6)(C)(ii) of the Act. Therefore, the 
Department determined that the sunset reviews of the antidumping duty 
orders on silicomanganese from China and Brazil are extraordinarily 
complicated and extended the time limit for completion of the final 
results of these reviews until not later than May 30, 2000, in 
accordance with section 751(c)(5)(B) of the Act.\2\
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    \2\ See Extension of Time Limit for Final Results of Five-Year 
Reviews, 65 FR 11761 (March 6, 2000).
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Scope of Review

    The merchandise covered by these antidumping duty orders 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 four percent 
iron, more than 30 percent manganese, more than eight percent silicon, 
and not more than three percent phosphorous. All compositions, forms, 
and sizes of silicomanganese are included within the scope of these 
reviews, including silicomanganese slag, fines, and briquettes. 
Silicomanganese is used primarily in steel production as a source of 
both silicon and manganese. These reviews cover 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 (``HTSUS''). Some silicomanganese 
may also currently be classifiable under HTSUS subheading 7202.99.5040. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of these reviews remain 
dispositive.
    These reviews cover all imports from all manufacturers and 
exporters of silicomanganese from China and Brazil.

Analysis of Comments Received

    All issues raised in this case by parties to these sunset reviews 
are addressed in the ``Issues and Decision Memorandum'' (``Decision 
Memo'') from Jeffrey A. May, Director, Office of Policy, Import 
Administration, to Troy H. Cribb, Acting Assistant Secretary for Import 
Administration, dated May 30, 2000, which is hereby adopted by this 
notice. The issues discussed in the Decision Memo include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margin likely to prevail were the orders to be revoked. Parties 
can find a complete discussion of all issues raised in these reviews 
and the corresponding recommendations in this public memorandum which 
is on file in room B-099 of the main Commerce 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.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
silicomanganese from China and Brazil would be likely to lead to 
continuation or recurrence of dumping at the following percentage 
weighted-average margins:

                                  China
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                                                                Margin
                   Manufacturer/exporter                      (percent)
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All Manufacturers/Producers/Exporters......................       150.00
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                                 Brazil
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                                                                Margin
                   Manufacturer/exporter                      (percent)
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Companhia Paulista de Ferro-Ligas and Sibra Electro-               64.93
 Siderurgia Brasileria S.A.................................
All Others.................................................        17.60
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under 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 these determinations and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: May 17, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-13881 Filed 6-1-00; 8:45 am]
BILLING CODE 3510-DS-P