[Federal Register Volume 66, Number 51 (Thursday, March 15, 2001)]
[Notices]
[Pages 15076-15078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6469]


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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 have been made below normal 
value during the period of review of February 1, 1999, through January 
31, 2000. Based on our review of comments received and a re-examination 
of surrogate value data, we have made certain changes in the margin 
calculation for all of the reviewed companies. Consequently, the final 
results differ from the preliminary results. The final weighted-average 
dumping margins for these firms are 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.
    We have also determined that the review of China National 
Electronics Import & Export Hunan Company should be rescinded.

EFFECTIVE DATE: March 15, 2001.

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

    The period of review (``POR'') is February 1, 1999, through January 
31, 2000. This review covers the following exporters (referred to 
collectively as ``the respondents''): China Metallurgical Import & 
Export Hunan Corporation/Hunan Nonferrous Metals Import & Export 
Associated Corporation (``CMIECHN/CNIECHN''), Minmetals Precious and 
Rare Minerals Import & Export Company (``Minmetals''), London & 
Scandinavian Metallurgical Co. Ltd./Shieldalloy Metallurgical 
Corporation (``LSM/SMC''),\1\ Sumitomo Canada, Ltd. (``SCL''), and 
China National Electronics Import & Export Hunan Company (``CEIEC'').
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    \1\ SMC is the affiliated U.S. import of manganese from the U.K. 
reseller LSM.
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    On November 7, 2000, the Department published the Preliminary 
Results,\2\ and invited parties to comment on our Preliminary Results. 
The petitioner and the PRC respondents submitted case briefs on 
December 15, 2000, and December 18, 2000, respectively. LSM/SMC also 
submitted a case brief on December 15, 2000. All parties submitted 
rebuttal briefs on January 5, 2001. At the request of certain 
interested parties, we held a public hearing on January 16, 2001.
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    \2\ Manganese Metal from the People's Republic of China; 
Preliminary Results and Rescission in Part of Antidumping Duty 
Administrative Review, 65 FR 66697 (November 7, 2000) (``Preliminary 
Results'').
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    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

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.

Rescission of Review in Part

    As stated in the Preliminary Results, CEIEC notified the Department 
that it had not made any U.S. sales of subject merchandise during the 
POR. Entry data provided by the U.S. Customs Service (``Customs'') 
confirms that there were no POR entries from CEIEC of manganese 
metal.\3\ Therefore, consistent with the Department's regulations and 
practice,\4\ we are rescinding this review with respect to CEIEC.
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    \3\ See Memorandum to the Case File; Confirmation of No Shipment 
by CEIEC  (October 31, 2000).
    \4\ See 19 CFR 351.213(d)(3); Silicon Metal from Brazil; Final 
Results of Antidumping Duty Administrative Review, 61 FR 46753 
(September 5, 1996).
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Use of Facts Otherwise Available

    As stated in the Preliminary Results, on June 19, 2000, SCL 
informed the Department that, given the small

[[Page 15077]]

volume of merchandise it entered during the period of review (``POR''), 
SCL would not participate in this review. In the Preliminary Results, 
consistent with section 776(b) of the Act, we determined that the use 
of total adverse facts available was appropriate for this company. We 
have not identified any information or arguments since the Preliminary 
Results that would prompt a reconsideration of this finding. Therefore, 
for the reasons explained in the Preliminary Results, we have used 
total adverse facts available to determine a margin for SCL in this 
review.

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 Bernard T. Carreau, 
fulfilling the duties of Assistant Secretary for Import Administration, 
dated March 7, 2001, 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 http://ia.ita.doc.gov. The paper copy and electronic version of the Decision 
Memo are identical in content.

Changes Since the Preliminary Results

    Based on our review of comments received and a re-examination of 
surrogate value data, we have made certain changes to the calculations 
for the final results. These changes are discussed in the comments 
section of the Decision Memo or in the referenced final calculation 
memoranda for particular companies.

Final Results of Review

    We determine that the following dumping margins exist for the 
period February 1, 1999, through January 31, 2000:

------------------------------------------------------------------------
                   Manufacturer/exporter                        Margin
------------------------------------------------------------------------
CMIECHN/CNIECHN............................................        12.12
Minmetals..................................................         0.00
LSM/SMC....................................................         3.49
SCL........................................................       143.32
------------------------------------------------------------------------

    Because we are rescinding the review with respect to CEIEC, the 
company-specific rate for that company remains unchanged.

Assessment Rates

    Pursuant to 19 CFR 351.212(b), the Department calculates an 
assessment rate for each importer of the subject merchandise. Because 
certain importer-specific assessment rates calculated in these final 
results are above de minimis (i.e., at or above 0.5 percent), the 
Department will issue appraisement instructions directly to the Customs 
Service to assess antidumping duties on appropriate entries by applying 
the assessment rate to the entered value of the merchandise. For 
assessment purposes, we calculate importer-specific assessment rates 
for the subject merchandise by aggregating the dumping duties due for 
all U.S. sales to each importer and dividing the amount by the total 
entered value of the sales to that importer.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(1) of the Act: (1) For the exporters 
named above, the cash deposit rates will be the rates for these firms 
established in the final results of this review, except that, for 
exporters with de minimis rates (i.e., less than 0.5 percent) no 
deposit will be required; (2) for previously-reviewed PRC and non-PRC 
exporters with separate rates, the cash deposit rate will be the 
company-specific rate established for the most recent period during 
which they were reviewed; (3) for all other PRC exporters, the rate 
will be the PRC country-wide rate, which is 143.32 percent; and (4) for 
all other non-PRC exporters of subject merchandise from the PRC, the 
cash deposit rate will be the rate applicable to the PRC supplier of 
that exporter. These deposit requirements, when imposed, shall remain 
in effect until publication of the final results of the next 
administrative review.

Notification to Importers

    This notice 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.

Notification Regarding APOs

    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 751(a)(1) and 777(i) of the Act.

    Dated: March 7, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.

Appendix

List of Comments and Issues in the Decision Memorandum

Comment 1: Abuse of Discretion
Comment 2: Ore 1 Valuation Using Indian Prices
Comment 3: Ore 1 Valuation Using Ghanian Prices
Comment 4: Ore 2 Valuation
Comment 5: Positive Mud Surrogate Source
Comment 6: Positive Mud Time Adjustment
Comment 7: Liquid Ammonia Valuation
Comment 8: SDD Valuation
Comment 9: Selenium Dioxide Valuation
Comment 10: Electricity Valuation
Comment 11: Industry-Specific Direct Materials in Overhead, SG&A and 
Profit
Comment 12: Finished Goods in Overhead, SG&A and Profit
Comment 13: Overhead and SG&A of Powder Producers
Comment 14: Outward Distribution Expenses
Comment 15: Administrative Labor in Total Labor Expenses
Comment 16: Plastic Bag Valuation
Comment 17: Wooden Pallet Valuation
Comment 18: HYMM's Ore Grinding Costs
Comment 19: XTMM's Constructed Value Calculation
Comment 20: Minmetals' Typographical Error
Comment 21: HYMM's Iron Drums
Comment 22: Minmetals' Flake Value
Comment 23: OBS 43 Transportation Mode
Comment 24: LSM/SMC's CEP Profit
Comment 25: LSM/SMC's Inventory Carrying Cost, Inland Freight, and 
U.S. Brokerage and Handling

[[Page 15078]]

Comment 26: Exclusion of LSM/SMC's Sale
[FR Doc. 01-6469 Filed 3-14-01; 8:45 am]
BILLING CODE 3510-DS-P