[Federal Register Volume 66, Number 153 (Wednesday, August 8, 2001)]
[Notices]
[Pages 41508-41509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19778]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review

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

SUMMARY: The Department of Commerce (the Department) has received a 
request to conduct a new shipper review of the antidumping duty order 
on silicon metal from the People's Republic of China (PRC). In 
accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214(d), we are initiating this new 
shipper review.

EFFECTIVE DATE: August 7, 2001.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Maureen 
Flannery, AD/CVD Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC. 20230; telephone: (202) 482-
4052 or (202) 482-3020, respectively.

The Applicable 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. In 
addition, unless otherwise indicated, all references to the 
Department's regulations are to 19 CFR Part 351 (2001).

Background

    On June 28, 2001, the Department received a timely request from 
Groupstars Chemical Company, Ltd. (Groupstars), in accordance with 
section 751(a)(2)(B) of the Act and 19 CFR 351.214(c), for a new 
shipper review of the antidumping duty order on silicon metal from the 
PRC. This order has a June anniversary month. The period of review is, 
therefore, June 1, 2000 through May 31, 2001.

[[Page 41509]]

Initiation of Review

    Pursuant to 19 CFR 351.214(b)(2)(i) and 19 CFR 
351.214(b)(2)(iii)(A), Groupstars' June 28, 2001 request for a review 
certified that Groupstars had not exported the subject merchandise to 
the United States during the period of investigation (POI) and that it 
had not been affiliated with any company which exported subject 
merchandise to the United States during the POI. Pursuant to 19 CFR 
351.214, Groupstars also certified that its export activities are not 
controlled by the central government of the PRC. In addition, pursuant 
to 19 CFR 351.214(b)(2)(iv), Groupstars' request contained 
documentation establishing: the date the subject merchandise was first 
shipped to the United States, the volume of that shipment, and the date 
of the first sale to an unaffiliated customer in the United States.
    Therefore, in accordance with section 751(a)(2)(B) of the Act and 
19 CFR 351.214(d), we are initiating a new shipper review of the 
antidumping duty order on silicon metal from the PRC.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking eligibility for a separate 
rate from the country-wide rate provide de jure and de facto evidence 
of an absence of government control over the company's export 
activities. See Certain Preserved Mushrooms from the People's Republic 
of China: Initiation of New Shipper Antidumping Duty Review, 65 FR 
17257 (March 31, 2000). Accordingly, we will issue a separate rates 
questionnaire to Groupstars. If Groupstars provides sufficient evidence 
that it is not subject to de jure or de facto government control with 
respect to its exports of silicon metal, this review will proceed. If, 
on the other hand, Groupstars does not meet its burden to demonstrate 
its eligibility for a separate rate, then Groupstars will be deemed to 
be affiliated with other companies that exported during the POI and 
that did not establish entitlement to a separate rate. This review will 
then be terminated due to failure of the exporter or producer to meet 
the requirements of section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(B).
    Pursuant to 19 CFR 351.214 (g)(1)(i)(A) of the Department's 
regulations, the POR for a new shipper review initiated in the month 
immediately following the anniversary month will be the twelve-month 
period immediately preceding the anniversary month. Therefore, the POR 
for this review is June 1, 2000 through May 31, 2001.
    Concurrent with the publication of this initiation notice, and in 
accordance with 19 CFR 351.214(e), effective on the date of publication 
of this notice, we will instruct the U.S. Customs Service to allow, at 
the option of the importer, the posting of a bond or security in lieu 
of a cash deposit for each entry of the subject merchandise exported by 
the company named above, until the completion of the review.
    Interested parties may submit applications for disclosure of 
business proprietary information under administrative protective order 
in accordance with 19 CFR 351.305 and 351.306.
    This initiation and notice are in accordance with section 751(a) of 
the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214.

    Dated: July 31, 2001.
Joseph A. Spetrini,
Deputy Assistant Secretary AD/CVD Enforcement Group III.
[FR Doc. 01-19778 Filed 8-7-01; 8:45 am]
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