[Federal Register Volume 67, Number 242 (Tuesday, December 17, 2002)]
[Notices]
[Pages 77225-77227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31625]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal from Brazil; Final Results of Antidumping Duty 
Administrative Review and Revocation of Order in Part

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

ACTION: Notice of final results of antidumping duty administrative 
review and revocation of order in part.

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SUMMARY: On August 8, 2002, the Department of Commerce (the Department) 
published the preliminary results of administrative review of the 
antidumping duty (AD) order on silicon metal from Brazil. The 
merchandise covered by this order is silicon metal from Brazil. This 
review covers three manufacturers/exporters, Rima Industrial SA (Rima), 
Companhia Ferroligas Minas Gerais - Minasligas (Minasligas) and 
Companhia Carbureto de Calcio (CBCC). The period of review (POR) is 
July 1, 2000, through June 30, 2001.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section entitled 
``Final Results of the Review.'' We also have we have made a final 
determination to revoke the order with respect to Rima.

EFFECTIVE DATE: December 17, 2002.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, telephone: (202) 482-
5831, Import Administration, International Trade Administration, U.S. 
Department of Commerce, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as mended (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 citations to the Department's regulations are to 19 CFR 
Part 351 (2002).

Background

    On August 8, 2002, the Department published the preliminary results 
of administrative review of the AD order on silicon metal from Brazil. 
See Silicon Metal From Brazil: Preliminary Results of Antidumping Duty 
Administrative Review and Notice of Intent To Revoke Order in Part, 67 
FR 51539 (August 8, 2002)(Preliminary Results). This review covers 
three manufacturers/exporters, Rima, Minasligas and CBCC. The POR is 
July 1, 2000, through June 30, 2001. We invited parties to comment on 
our preliminary results of review. We received comments on September 
16, 2002, from Rima, Minasligas, CBCC (collectively the respondents), 
and Elkem Metals Company and Globe Metallurgical (collectively the 
petitioners). On September 23, 2002, we received rebuttal comments from 
the petitioners, Minasligas and CBCC.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of Review

    The merchandise covered by this administrative review is silicon 
metal from Brazil containing at least 96.00 percent but less than 99.99 
percent silicon by weight. Also covered by this administrative review 
is silicon metal from Brazil containing between 89.00 and 96.00 percent 
silicon by weight but which contains more aluminum than the silicon 
metal containing at least 96.00 percent but less than 99.99 percent 
silicon by weight. Silicon metal is currently provided for under 
subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule 
(HTS) as a chemical product, but is commonly referred to as a metal. 
Semiconductor grade silicon (silicon metal containing by weight not 
less than 99.99 percent silicon and provided for in subheading 
2804.61.00 of the HTS) is

[[Page 77226]]

not subject to the order. Although the HTS item numbers are provided 
for convenience and for U.S. Customs purposes, the written description 
remains dispositive.

Revocation

    The Department ``may revoke, in whole or in part'' an antidumping 
duty order upon completion of a review under section 751 of the Act. 
While Congress has not specified the procedures that the Department 
must follow in revoking an order, the Department has developed a 
procedure for revocation as described in 19 CFR 351.222. This 
regulation requires, inter alia, that a company requesting revocation 
must submit the following: (1) A certification that the company has 
sold the subject merchandise at not less than normal value (NV) in the 
current review period and that the company will not sell at less than 
NV in the future; (2) a certification that the company sold the subject 
merchandise in commercial quantities in each of the three years forming 
the basis of the revocation request; and (3) an agreement to 
reinstatement in the order or suspended investigation, as long as any 
exporter or producer is subject to the order (or suspended 
investigation), if the Secretary concludes that the exporter or 
producer, subsequent to the revocation, sold the subject merchandise at 
less than NV. See 19 CFR 351.222(e)(1). Upon receipt of such a request, 
the Department will consider the following in determining whether to 
revoke the order in part: (1) Whether the producer or exporter 
requesting revocation has sold subject merchandise at not less than NV 
for a period of at least three consecutive years; (2) whether the 
continued application of the antidumping duty order is otherwise 
necessary to offset dumping; and (3) whether the producer or exporter 
requesting revocation in part has agreed in writing to the immediate 
reinstatement of the order, as long as any exporter or producer is 
subject to the order, if the Department concludes that the exporter or 
producer, subsequent to revocation, sold the subject merchandise at 
less than NV. See 19 CFR 351.222(b)(2); see also Notice of Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review and Intent to Revoke Antidumping Duty Order in Part: Certain 
Pasta From Italy, 66 FR 34414, 34420 (June 28, 2001).

I. Rima: Determination to Revoke Order in Part

    In the preliminary results, we determined that Rima met the 
requirements for revocation. See Preliminary Results, 67 FR at 51540-
51541(August 8, 2002). On September 11, 2002, we established a separate 
schedule for parties to submit additional information regarding the 
necessity of the AD order with respect to Rima. See Memorandum from 
Thomas Futtner to Holly A. Kuga; Silicon Metal from Brazil; Comment 
Period for Revocation, dated September 11, 2002. We received no 
comments from the petitioners or Rima on this revocation determination. 
We now find, based on the final results in this review and the final 
results of the two preceding reviews, that Rima has demonstrated three 
consecutive years of sales at not less than NV. Furthermore, we find 
that Rima's aggregate sales to the United States were made in 
commercial quantities during each of those three years. See Preliminary 
Results 67 FR at 51541 (August 8, 2002). Finally, based on our review 
of the record, there is no basis to find that the continued application 
of the AD order is necessary to offset dumping. Therefore, for the 
final results, we find that Rima qualifies for revocation of the order 
on silicon metal from Brazil, under 19 CFR 351.222(b)(2).

II. Minasligas: Determination Not to Revoke Order in Part

    In the preliminary results, we found that Minasligas did not meet 
the requirements for revocation because it did not have a zero or de 
minimis dumping margin during the 1999-2000 POR. See Preliminary 
Results, 67 FR at 51541 (August 8, 2002). Because of this, we 
preliminarily determined that Minasligas failed to make sales of 
subject merchandise ``at not less than NV for a period of at least 
three consecutive years,'' as required by the Department's regulations. 
Consequently, because no evidence has been presented to change our 
preliminary findings on this issue, we continue to find, for the final 
results, that Minasligas does not qualify for revocation of the AD 
order on silicon metal from Brazil, under 19 CFR 351.222(b)(2).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Bernard T. Carreau, Deputy 
Assistant Secretary, Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated December 6, 2002, 
which is hereby adopted by this notice. A list of the issues which 
parties have raised and to which we have responded, all of which are in 
the Decision Memorandum, is attached to this notice as an Appendix. 
Parties can find a complete discussion of all issues raised in this 
review and the corresponding recommendations in this public memorandum 
which is on file in the Central Records Unit, room B-099 (``B-099'') of 
the main Department building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://www.ita.doc.gov/import__admin/records/frn/. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made the 
following changes in the margin calculations. These changes are 
discussed in the relevant sections of the Decision Memorandum, 
accessible in B-099 and on the Web at http://www.ita.doc.gov/import__admin/records/frn/.
1. We made an adjustment to Minasligas' home market imputed credit 
expense in order to correct double counting.
2. We included stowage, customs, weighing and bill of lading release 
expenses in Minasligas' foreign movement expenses.
3. We subtracted Programa de Integracao Social (PIS) and Contribuicao 
do Fin Social (COFINS) taxes from NV in Minasligas' margin calculation 
program.
4. We excluded value-added taxes (VAT) from CBCC's cost of production 
(COP).
5. We made an adjustment to the exchange rate calculation for Rima, 
Minasligas and CBCC.
6. We made an adjustment to the currency conversion formula for Rima 
and CBCC.

Final Results of Review

    We determine that the following percentage weighted-average margins 
exist for the period July 1, 2000, through June 30, 2001:

------------------------------------------------------------------------
                Manufacturer/exporter                   Margin (percent)
------------------------------------------------------------------------
Rima.................................................               0.00
Minasligas...........................................               0.74
CBCC.................................................               0.00
------------------------------------------------------------------------

Effective Date of Revocation

    This revocation applies to all entries of subject merchandise that 
are produced by Rima and that are also exported by Rima, entered, or 
withdrawn from warehouse, for consumption on or after July 1, 2001. The 
Department will order the suspension of liquidation ended for all such 
entries and will instruct U.S.

[[Page 77227]]

Customs to release any cash deposits or bonds. The Department will 
further instruct U.S. Customs to refund with interest any cash deposits 
on entries made after June 30, 2001.

Assessment

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated an importer-specific 
assessment rate for merchandise subject to this review. The Department 
will issue appropriate assessment instructions directly to the Customs 
Service within 15 days of publication of these final results of review. 
We will direct the Customs Service to assess the resulting assessment 
rates against the entered customs values for the subject merchandise on 
each of the importer's entries during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of silicon metal from Brazil entered, or withdrawn 
from warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) Cash deposits for Rima 
will no longer be required and the suspension of liquidation will cease 
for entries made on or after July 1, 2001; (2) the cash deposit rate 
for the other reviewed companies will be the rates shown above; (3) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (4) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (5) the cash deposit rate for all 
other manufacturers or exporters will continue to be 91.06 percent. 
This rate is the ``All Others'' rate from the LTFV investigation. These 
deposit requirements shall remain in effect until publication of the 
final results of the next administrative review.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: December 6, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix Issues in Decision Memorandum

Minasligas

1. Circumstance of Sale Adjustment for PIS and COFINS Taxes
2. Home Market Credit
3. Foreign Movement Expenses
4. Model Matching
5. Duty Drawback and the Treatment of VAT, i.e., Imposto Sobre a 
Circulacao de Mercadorias e Servicos and Imposto Sobre Produtos 
Industrialzados Taxes
6. Home Market Movement Expenses
7. PIS and COFINS Taxes and the Margin ProgramCBCC
8a. Special Rule for Value Added After Importation
8b. Further Manufactured Products
9. Related Party Transactions
10. VAT and COP

Minasligas, CBCC and Rima

11. Exchange Rate

CBCC and Rima

12. Currency Conversion
[FR Doc. 02-31625 Filed 12-16-02; 8:45 am]
BILLING CODE 3510-DS-S