[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Notices]
[Page 53206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26448]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-307-820, A-533-823, and A-834-807]


Silicomanganese From Kazakhstan, India and Venezuela; Notice of 
Postponement of Preliminary Determinations in Antidumping Duty 
Investigations

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

ACTION: Notice of postponement of preliminary determinations in 
antidumping duty investigations.

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SUMMARY: The Department of Commerce (the Department) is postponing the 
preliminary determinations in the antidumping duty investigations of 
silicomanganese from Kazakhstan, India, and Venezuela from October 15, 
2001, until no later than November 2, 2001. This postponement is made 
pursuant to section 733(c)(1)(B) of the Tariff Act of 1930, as amended 
by the Uruguay Round Agreements Act.

EFFECTIVE DATE: October 19, 2001.

FOR FURTHER INFORMATION CONTACT: Jean Kemp (Kazakhstan), at (202) 482-
4037, Sally Gannon (India), at (202) 482-0162, and Robert James 
(Venezuela), at (202) 482-0649, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the regulations 
codified at 19 CFR Part 351 (2000).

Postponement of Due Date for Preliminary Determinations

    On April 26, 2001, the Department initiated antidumping duty 
investigations of imports of silicomanganese from Kazakhstan, India, 
and Venezuela. The notice of initiation stated that we would issue our 
preliminary determinations no later than 140 days after the date of 
initiation. See 66 FR 22209 (May 3, 2001). On August 17, 2001, 
petitioners made a timely request pursuant to 19 CFR 351.205(e) for a 
30-day postponement, pursuant to section 733(c)(1)(A) of the Act. On 
September 17, Universal Ferro & Allied Chemical, Ltd. from India 
submitted a request that the Department fully extend the preliminary 
determination because of the time constraints. On September 24, 
Kazchrome and Considar submitted a request that the Department 
determine that the investigation on silicomanganese from Kazakhstan was 
extraordinarily complicated and postpone the preliminary determination 
to the full extent possible. On August 31, 2001, in accordance with 
petitioners' request for a postponement, the Department postponed the 
preliminary determinations in these investigations for 30 days. See 66 
FR 45964. Currently, the preliminary determinations in these 
investigations are due on October 15, 2001.
    However, pursuant to section 733(c)(1)(B) of the Act, we have 
determined that these investigations are ``extraordinarily 
complicated'' and are therefore fully extending the due date for the 
preliminary determinations to no later than November 2, 2001.
    Under section 733(c)(1)(B), the Department can extend the period 
for reaching a preliminary determination until not later than the 190th 
day after the date on which the administering authority initiates an 
investigation if:
    (B) The administering authority concludes that the parties 
concerned are cooperating and determines that:
    (i) The case is extraordinarily complicated by reason of:
    (I) The number and complexity of the transactions to be 
investigated or adjustments to be considered;
    (II) The novelty of the issues presented;
    (III) The number of firms whose activities must be investigated; 
and
    (ii) Additional time is necessary to make the preliminary 
determination.
    Regarding the first requirement, we find that in each case all 
concerned parties are cooperating. Regarding the second requirement, we 
find that each of these four cases is extraordinarily complicated for 
the following reasons:

Kazakhstan

    The Kazakhstani investigation is extraordinarily complicated 
because the Government of Kazakhstan and Transnational Co. Kazchrome 
and Aksu Ferroalloy Plant (``Kazchrome''), the producer, requested that 
the Department revoke Kazakhstan's non-market economy status or 
determine that the silicomanganese industry in Kazakhstan is a ``market 
oriented industry.'' In addition, Kazchrome claims it does not have 
knowledge of which of its export sales to Alloy 2000, a trading 
company, are destined to the United States. The Department is 
considering other complex issues such as the relationship between 
Considar, a U.S.-based selling agent, and Alloy 2000, as well as the 
appropriate date of sale.

India

    The Indian investigation is extraordinarily complicated because of 
certain sales and cost issues including depreciation, date of sale, and 
cost of production. In addition, one of the companies is not 
represented by counsel. The Department has just sent out extensive 
supplemental questionnaires for each of the two companies, and we 
consider the information to be analyzed for these two companies within 
the time constraints of this investigation to be voluminous.

Venezuela

    The Venezuelan investigation is extraordinarily complicated due to 
complex issues related to date of sale, cost of production, and 
affiliation.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f).

    Dated: October 10, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-26448 Filed 10-18-01; 8:45 am]
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