[Federal Register Volume 65, Number 108 (Monday, June 5, 2000)]
[Notices]
[Pages 35607-35608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14026]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal From Brazil; Final Results of Expedited Sunset 
Review of Antidumping Duty Order

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

ACTION: Notice of final results of expedited sunset review of silicon 
metal from Brazil.

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SUMMARY: On November 2, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on silicon metal from Brazil (64 FR 59160) pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act''). On the basis of a 
notice of intent to participate and an adequate substantive response 
filed on behalf of domestic interested parties and inadequate response 
(in this case, waivers of response) from respondent interested parties, 
the Department determined to conduct an expedited review. As a result 
of this review, the Department finds that revocation of the antidumping 
duty order would likely lead to continuation or recurrence of dumping 
at the levels indicated in the Final Results of Review section of this 
notice.

EFFECTIVE DATE: June 5, 2000.

FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or Carole A. 
Showers, Office of Policy for Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1930 or (202) 482-3217, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    Unless otherwise indicated, all citations to 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 regulations are to 19 CFR part 351 (1999). 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 initiated a sunset review of 
the antidumping duty order on silicon metal from Brazil (64 FR 59160), 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). The Department received a notice of intent to participate on 
behalf of American Silicon Technologies (``AST''), Elkem Metals Company 
(``Elkem''), and Globe Metallurgical Inc. (``Globe'') (collectively, 
``domestic interested parties''), within the applicable deadline 
(November 15, 1999) specified in 19 CFR 351.218(d)(1)(i). Domestic 
interested parties claimed interested-party status under section 
771(9)(C) of the Act, as U.S. producers of a domestic like product.
    On November 29, 1999, we received a waiver of response from 
respondent interested parties Companhia Brasileira Carbureto de Calcio, 
Camargo Correa Metais, S.A., Ligas de Aluminio S.A., Companhia 
Ferroligas Minas Gerais--Minasligas, and RIMA Industrial S.A., pursuant 
to 19 CFR 351.218(d)(2)(i). On December 2, 1999, we received a waiver 
of response from respondent interested party Eletrosilex Bela 
Horizonte.
    On December 1, 1999, we received a complete substantive response 
from domestic interested parties, within the 30-day deadline specified 
in the Sunset Regulations under Sec. 351.218(d)(3)(i). Domestic 
interested parties claim that, in 1990, Elkem, Globe, and four other 
domestic producers filed the petition that resulted in the issuance of 
the antidumping duty order on silicon metal from Brazil (see December 
1, 1999, Substantive Response of domestic interested parties at 2). 
Domestic interested parties also claim that at least one of them has 
actively participated in each of the administrative reviews conducted 
by the Department, as well as in a number of related appeals and remand 
proceedings. Id. at 3. Without a substantive response from respondent

[[Page 35608]]

interested parties the Department, pursuant to 19 CFR 
351.218(e)(1)(ii)(C), determined to conduct an expedited, 120-day 
review of this order.
    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). This review concerns a transition order within the meaning of 
section 751(c)(6)(ii) of the Act. Accordingly, on February 29, 2000, 
the Department determined that the sunset review of silicon metal from 
Brazil is extraordinarily complicated, and extended the time limit for 
completion of the final results of this review until not later than May 
30, 2000, in accordance with section 751(c)(5)(B) of the Act.\1\
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    \1\ See Extension of Time Limit for Final Results of Expedited 
Five-Year Reviews, 65 FR 11761 (March 6, 2000).
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Scope of Review

    The merchandise covered by this review is silicon metal containing 
at least 96.00 percent but less than 99.99 percent of silicon by 
weight. Also covered by this review is silicon metal from Brazil 
containing between 89.00 and 96.00 percent silicon by weight but which 
contains a higher aluminum content than the silicon metal containing at 
least 96.00 percent but less than 99.99 percent silicon by weight. 
Silicon metal is currently provided for under subheadings 2804.69.10 
and 2804.69.50 of the Harmonized Tariff Schedule (``HTS'') as a 
chemical product, but 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 order. Although the HTS 
numbers are provided for convenience and customs purposes, the written 
description remains dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review 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 attached 
Decision Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margin likely to prevail were the 
order revoked. 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 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 Review

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

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporters                     (percent)
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Companhia Brasileira Carbureto de Calcio (``CBCC'')........        87.79
Camargo Correa Metais, S.A. (``CCM'')......................        93.20
All Others.................................................        91.06
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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. Timely 
notification of the return or 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.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: May 30, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-14026 Filed 6-2-00; 8:45 am]
BILLING CODE 3510-DS-P