[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Notices]
[Pages 35099-35100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12444]


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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

[[Page 35100]]

Administrative Review in accordance with Court Decision

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SUMMARY: On August 27, 2001, the United States Court of International 
Trade (``CIT'')affirmed the remand determination of the 1994-95 
administrative review for Companhia Ferroligas Minas Gerais-Minasligas 
(``Minasligas''), Companhia Brasilerira Carbureto de Calcio (``CBCC''), 
Eletrosilex Belo Horizonte (``Eletrosilex''), and Rima Industrial S/A 
(``RIMA'') 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, No. 97-02-00267, Slip 
Op. 2001-109 (August 27, 2001). CBCC timely appealed the CIT's 
judgment. On January 15, 2002 the CIT stayed its judgment and extended 
the injunction solely in respect to CBCC's entries. See American 
Silicon Technologies v. United States, No. 97-02-00267, Slip Op. 2002-5 
(January 15, 2002). After recalculation of the dumping margins for 
Minasligas, Eletrosilex, and RIMA, we are amending the final results of 
the review in this matter. We will instruct the U.S. Customs Service to 
liquidate Electrosilex, Minasligas, and RIMA's entries subject to these 
amended final results.

EFFECTIVE DATE: May 17, 2002.

FOR FURTHER INFORMATION CONTACT: Marlene Hewitt, Antidumping/
Countervailing Duty Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W.,Washington DC 20230; telephone (202) 482-
1385.

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). On January 14, 1997, the 
Department published its final results of the 1994-1995 administrative 
review (fourth review) of silicon metal for five Brazilian 
manufacturers/exporters, CBCC, Minasligas, Eletrosilex, RIMA, and 
Camargo Correa Metais (``CCM''). See Silicon Metal from Brazil; Final 
Results of Antidumping Administrative Review and Determination Not to 
Revoke in Part, 62 FR 1970 (January 14, 1997) (``Final Results'').
    On August 18, 1997, the U.S. Court of International Trade (``CIT'') 
issued an order directing the Department to consider the alleged 
ministerial errors and correct any ministerial errors identified in the 
allegations and contained in the Final Results. See American Silicon 
Technologies v. United States, No. 97-02-00267, Slip Op. 97-113 (August 
18, 1997). The Department subsequently corrected the ministerial errors 
and published an amended final. See Silicon Metal from Brazil; Amended 
Final Results of Antidumping Administrative Review, 62 FR 54087 
(October 17, 1997) (``Amended Final Results'').
    On April 9, 1999 the CIT issued an order remanding to the 
Department the Amended Final Results. See American Silicon Technologies 
v. United States, No. 97-02-00267, Slip Op. 99-34 (April 9, 1999). In 
its April 9, 1999 order, the CIT instructed the Department to: 
recalculate CBCC's financial expenses with the instruction that 
Commerce base those expenses upon the consolidated financial statements 
of CBCC and its immediate parent Solvay do Brasil; recalculate cost of 
production (``COP'') for Minasligas based upon an accounting 
methodology which is non-distortive and reasonably reflective of actual 
costs; reconsider CBCC's depreciation expenses; reconsider RIMA's COP 
and constructed value (``CV''); reconsider Electrosilex's financial 
expenses; reconsider CBCC's and RIMA's COP and CV regarding cost of 
internally-produced charcoal; reconsider CBCC's and RIMA's COP and CV 
regarding supervisory labor costs; reconsider CBCC's CV regarding IPI 
taxes; reconsider Rima's and CBCC's CV profit regarding profit ratios 
determined from non-CBCC financial statements; reconsider Minasligas' 
interest income expense; and reconsider Minasligas' CV profit. The CIT 
affirmed the Amended Final Results as to all other issues.
    On September 23, 1999, the Department filed its redetermination on 
remand.
    On August 27, 2001, the CIT sustained the Department's 
redetermination on remand. See American Silicon Technologies v. United 
States, No. 97-02-00267, Slip Op. 2001-109 (August 27, 2001).
    CBCC timely appealed the CIT's judgment. On January 15, 2002 the 
CIT stayed its judgment and extended the injunction solely in respect 
to CBCC's entries. See American Silicon Technologies v. United States, 
No. 97-02-00267, Slip Op. 2002-5 (January 15, 2002).
    Litigation in this case is final and conclusive for Minasligas, 
Eletrosilex, CCM, and RIMA. We are therefore amending our final results 
of review for the period July 1, 1994 through June 30, 1995.
    The revised weighted-average margin for the above companies are as 
follows:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Minasligas..................................................        9.68
Eletrosilex.................................................       13.18
RIMA........................................................       81.61
CCM.........................................................       35.23
------------------------------------------------------------------------

    Accordingly, the Department will determine, and the U.S. Customs 
Service (``Customs'') will assess, antidumping duties on all entries of 
subject merchandise from Minasligas, Eletrosilex, CCM, and 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 
Minasligas, Eletrosilex, CCM, and 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 sections 751(a)(1) and 
777(i) of the Tariff Act (19 U.S.C. 1675(a)(1) and 1677f(i)) and 19 CFR 
351.221.

    Dated: May 13, 2002.
Faryar Shirzad,
Assistant Secretaryfor Import Administration.
[FR Doc. 02-12444 Filed 5-16-02; 8:45 am]
BILLING CODE 3510-DS-S