[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Notices]
[Pages 10664-10665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5658]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal from Brazil; Notice of Amended Final Results of 
Antidumping Duty Administrative Review Pursuant to Final Court Decision

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

ACTION: Notice of amended final results of antidumping duty 
administrative review pursuant to final court decision.

-----------------------------------------------------------------------

EFFECTIVE DATE: March 8, 2002.

FOR FURTHER INFORMATION CONTACT: James Doyle, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-0159.
SUMMARY: The United States Court of International Trade (``the CIT'') 
has affirmed the Department of Commerce's final remand results 
affecting final assessment rates for the administrative review of the 
antidumping duty order of silicon metal from Brazil. The period of 
review is March 29, 1991, through June 30, 1992. As there is now a 
final and conclusive court decision in this case, we are amending our 
final results of review and we will instruct the Customs Service to 
liquidate entries subject to this review.

SUPPLEMENTARY INFORMATION:
Background
    On July 31, 1991, the Department published the antidumping duty 
order on silicon metal from Brazil. See

[[Page 10665]]

Antidumping Duty Order: Silicon Metal from Brazil, 56 FR 36135 (July 
31, 1991). On August 19, 1994, the Department published its final 
results of the first administrative review of silicon metal from 
Brazil. See Final Results of Antidumping Duty Administrative Review on 
Silicon Metal from Brazil, 59 FR 42806 (August 19, 1994) (``Final 
Results''). On May 15, 1997, pursuant to the Department's request, the 
CIT issued an order remanding eight issues from the Final Results. See 
American Silicon Technologies et. al v. United States, 21 CIT 501 
(1997). The CIT directed the Department to: (1) correctly calculate the 
general, selling, and administrative (``GS&A'') expenses for 
Eletrosilex Belo Horizonte (``Eletrosilex'') for the month in question; 
(2) calculate G&A expenses using Eletrosilex's historical cost of 
manufacture (``COM'') data; (3) calculate the U.S. packing expenses for 
Companhia Ferroligas Minas Gerais-Minasligas (``Minasligas''), removing 
the U.S. dollar exchange rate; (4) calculate imposto sobre a circulacao 
de mercadorias e servicos (``ICMS'') and imposto sobre produtos 
industrialzados (``IPS'') taxes Minasligas paid on imported electrodes 
removing the duty drawback adjustment; (5) recalculate the interest 
rate for U.S. dollar receivables for Minasligas; (6) review the 
calculated margin for Eletrosilex that compared United States (``USP'') 
to constructed value (``CV'') for a month other than the month of 
shipment; (7) review the use of projected costs rather than replacement 
costs in determining Eletrosilex's CV; and (8) review the adjustment of 
Minasligas' interest expenses for monetary correction of loans. The CIT 
stayed further action on three other issues pending the results of 
related litigation. On November 14, 1997, for the aforementioned eight 
issues, we provided the CIT with our final results of redetermination 
pursuant to court remand. See Silicon Metal from Brazil, Final Results 
of Redetermination Pursuant to Court Remand Court No. 94-09-0055 
(``American Silicon Remand I''). In the remand redetermination the 
Department recalculated: 1) Eletrosilex's GS&A expenses using the GS&A 
expenses and historical COM incurred by Eletrosilex during an entire 
year; 2) the U.S. packing expenses for Minasligas, removing the U.S. 
dollar exchange rate; 3) the IPI and ICMS taxes Minasligas paid on 
imported electrodes removing the duty drawback adjustment; 4) 
Minasligas' U.S. credit expenses by using the actual U.S. credit 
expenses incurred by Minasligas; 5) Eletrosilex's CV to account for the 
effect of inflation; and 6) Eletrosilex's CV based on the replacement 
costs incurred by Eletrosilex. We determined that our adjustment for 
Minasligas' interest expense was appropriate. After the initial remand 
results were issued, the Court, on motion of the Department, ordered a 
second remand on whether data from the audited financial statements of 
Electrosilex should be utilized in calculating Eletrosilex's GS&A 
expenses. See American Silicon Technologies et. al v. United States, 22 
CIT 128 (1998). On January 29, 1999, for the aforementioned one issue, 
we provided the CIT with our final results of redetermination pursuant 
to court remand. See Silicon Metal from Brazil, Final Results of 
Redetermination Pursuant to Court Remand, American Silicon Technologies 
v. United States, Court No. 94-09-00555, Slip Op. 98-22 (March 5, 1998) 
(``American Silicon Remand II''). In our redetermination, we 
recalculated Eletrosilex's GS&A expenses based upon Eletrosilex's 
audited financials. Upon review, the CIT sustained American Silicon 
Remand I and American Silicon Remand II and lifted the stay on the 
remaining three issues. See American Silicon Technologies et. al v. 
United States, No. 94-09-00555, Slip Op. 99-94 (Ct. Int'l Trade Sept. 
9, 1999).
    Of the remaining three issues, one was dismissed pursuant to the 
unopposed motion of the plaintiff. See American Silicon Technologies 
et. al v. United States, 118 F. Supp. 2d 1329, 1333 (CIT 2000). 
Pursuant to the Court orders of October 13, 2000, and January 24, 2001, 
we recalculated: 1) Companhia Brasileira Carbureto de Calcio's 
(``CBCC'') financial expense by using as best information available its 
parent company's gross, rather than net, financial expenses; and 2) 
CBCC's and Minasligas' CV to include the ICMS and IPI paid by CBCC and 
Minasligas pursuant to the CIT's instructions to proceed consistent 
with Camargo Correa Metais, S.A. v. United States, 200 F. 3d 771 (Fed. 
Cir. 1999). See Silicon Metal From Brazil, Final Results of 
Redetermination Pursuant To Court Remand, American Silicon Technologies 
et. al vs. United States, 118 F. Supp. 2d 1329, Court No. 94-09-00555, 
Slip Op. 2000-130 (CIT October 13, 2000) (``American Silicon Remand 
III''), filed on March 12, 2001. Upon review, the Court sustained 
American Silicon Remand III. See American Silicon Technologies et. al 
v. United States, No. 94-09-00555, Slip Op. 01-90 (Ct. Int'l Trade July 
27, 2001) (``Slip Op. 01-90'').
    Slip Op. 01-90 was not appealed. As there is a final and conclusive 
court decision in this case, we are amending our final results of 
review for the period March 29, 1991 through June 30, 1992, and we will 
instruct the Customs Service to liquidate entries subject to this 
review.
    The revised weighted-average percentage margins are as follows:

------------------------------------------------------------------------
             Manufacturer/exporter                   Margin (percent)
------------------------------------------------------------------------
CBCC...........................................                     0.42
Eletrosilex....................................                    53.63
Minasligas.....................................                    48.48
------------------------------------------------------------------------

    Accordingly, the Department will determine, and the Customs Service 
will assess, antidumping duties on all appropriate entries of subject 
merchandise 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. For companies 
covered by these amended results, the Department will issue 
appraisement instructions to the Customs Service after publication of 
this amended final results of 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.

    March 4, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-5658 Filed 3-7-02; 8:45 am]
BILLING CODE 3510-DS-S