[Federal Register Volume 67, Number 27 (Friday, February 8, 2002)]
[Notices]
[Pages 5966-5967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3121]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China (PRC): 
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 
timely 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 find the request to meet 
all of the regulatory requirements, and are, therefore, initiating this 
new shipper review.

DATES: February 8, 2002.

FOR FURTHER INFORMATION CONTACT: Christian Hughes or Maureen Flannery, 
AD/CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-0648 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 December 31, 2001, the Department received a request from China 
Shanxi Province Lin Fen Prefecture Foreign Trade Import and Export 
Corp. (Lin Fen) for a new shipper review of the antidumping duty order 
on silicon metal from the PRC, in accordance with section 751(a)(2)(B) 
of the Act and 19 CFR 351.214(c). This order has a June anniversary 
month; however, this request was made at the end of the semiannual 
anniversary month in accordance with section 351.214 (b)(2)(d)(2) of 
the regulations, and is therefore timely.

Initiation of Review

    Pursuant to 19 CFR 351.214(b)(2)(i) and 19 CFR 
351.214(b)(2)(iii)(A) and (B), Lin Fen's December 31, 2001 request for 
a review certified that Lin Fen and its supplier had not exported the 
subject merchandise to the United States during the period of 
investigation (POI) and that they had not been affiliated with any 
company which exported subject merchandise to the United States during 
the POI. Pursuant to 19 CFR 351.214, Lin Fen and its supplier also 
certified that their export activities are not controlled by the 
central government of the PRC. We have determined that the 
certifications filed on December 31, 2001 are adequate under the 
Department's regulations. See ``Memorandum to the File, Silicon Metal: 
Initiation of a New Shipper Review for China Shanxi Province Lin Fen 
Prefecture Foreign Trade Import and Export Corp.'' (Public Document),'' 
dated January 31, 2002.
    In addition, pursuant to 19 CFR 351.214(b)(2)(iv), Lin Fen's 
December 31, 2001 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. Lin Fen also certified that 
it had no subsequent shipments to the United States in accordance with 
section 351.214(b)(2)(iv)(B).
    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 in accordance with section 351.214(b)(iii)(B)of the 
Department's regulations. 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 Lin Fen. If Lin Fen 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, Lin Fen does not meet its burden to 
demonstrate its eligibility for a separate rate, then Lin Fen 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).

[[Page 5967]]

    Pursuant to 19 CFR 351.214 (g)(1)(i)(B) of the Department's 
regulations, the POR for a new shipper review initiated in the month 
immediately following the semiannual anniversary month will be the six-
month period immediately preceding the semiannual anniversary month. 
Therefore, the POR for this review is June 1, 2001 through November 30, 
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 at the existing PRC-wide rate of 139.49 percent 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.

    January 31, 2002
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration, Group III.
[FR Doc. 02-3121 Filed 2-7-02; 8:45 am]
BILLING CODE 3510-DS-S