[Federal Register Volume 67, Number 28 (Monday, February 11, 2002)]
[Notices]
[Pages 6229-6230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3254]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal From Brazil; Amended Final Results of Antidumping 
Duty Administrative Review in Accordance With Court Decision

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

ACTION: Notice of amended final results of antidumping duty 
administrative review in accordance with court decision.

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SUMMARY: On August 6, 2001 the U.S. Court of Appeals for the Federal 
Circuit (CAFC) affirmed the final results of the 1995-96 administrative 
review by the Department of Commerce (the Department) arising from the 
antidumping duty order on silicon metal from Brazil. See American 
Silicon Technologies v. United States 261 F.3d 1371 (Fed. Cir. 2001). 
After recalculation of the dumping margin for RIMA, we are amending the 
final results of the review in this matter and will instruct the U.S. 
Customs Service to liquidate entries subject to these amended final 
results.

EFFECTIVE DATE: February 11, 2002.

FOR FURTHER INFORMATION CONTACT: Robert Bolling or Jim Doyle, 
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) 482-3434 and (202) 482-0159, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 31, 1991 the Department issued an antidumping duty order on 
silicon metal from Brazil. See Antidumping Duty Order: Silicon Metal 
from Brazil, 56 FR 36135 (July 31, 1991) (Antidumping Duty Order). On 
February 11, 1998 the Department published its final results of the 
fifth administrative review of silicon metal for four Brazilian 
manufacturers/exporters, Companhia Brasilerira Carbureto de Calcio 
(``CBCC''), Companhia Ferroligas Minas Gerais-Minasligas 
(``Minasligas''), Eletrosilex Belo Horizonte (``Eletrosilex''), and 
Rima Industrial S/A (``RIMA''). See Silicon Metal from Brazil; Final 
Results of Antidumping Administrative Review, 63 FR 6899 (February 11, 
1998) (``Final Results'').
    On August 19, 1999 the U.S. Court of International Trade (CIT) 
issued an order remanding to the Department the Final Results. See 
American Silicon Technologies v. United States, 63 F. Supp. 2d 1324 
(CIT 1999). In its August 19, 1999 order, the CIT instructed the 
Department to: reconsider whether RIMA interest income consists of only 
short-term investments; recalculate RIMA's financial expenses to 
account for foreign exchange losses; and deduct RIMA's warehousing 
expenses from the export price in the calculation of the overall 
margin.
    On March 9, 2000 the CIT affirmed the Department's redetermination 
and dismissed the case. See American Silicon Technologies v. United 
States,

[[Page 6230]]

No. 98-03-00567, Slip Op. 2000-26(CIT 2000). American Silicon timely 
appealed to the CAFC. On August 16, 2001 the CAFC affirmed the decision 
of the CIT and the Department's redetermination. See American Silicon 
Technologies v. United States, 261 F.3d 1371 (Fed. Cir. 2001). There 
was no appeal.
    Litigation in this case is final and conclusive. We are therefore 
amending our final results of review for the period July 1, 1995 
through June 30, 1996.
    The revised weighted average margin for RIMA is as follows:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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RIMA.......................................................         3.27
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    Accordingly, the Department will determine, and the Customs Service 
will assess, antidumping duties on all entries of subject merchandise 
from RIMA in accordance with these amended final results. For 
assessment purposes, we have calculated importer-specific duty 
assessment rates for each class or kind of merchandise based on the 
ratio of the total amount of antidumping duties calculated for the 
examined sales to the total quantity of sales examined. The Department 
will issue appraisement instructions directly to Customs. The above 
rate will not affect RIMA's cash deposit rates currently in effect, 
which continue to be based on the margins found to exist in the most 
recently completed review.
    This notice is published in accordance with section 751(a)(1) of 
the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.221.

    Dated: January 31, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-3254 Filed 2-8-02; 8:45 am]
BILLING CODE 3510-DS-P