[Federal Register Volume 68, Number 45 (Friday, March 7, 2003)]
[Notices]
[Pages 11057-11058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5489]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal from the People's Republic of China: Notice of 
Rescission of New Shipper Review and Administrative Review for China 
Shanxi Province Lin Fen Prefecture Foreign Trade Import and Export 
Corp.

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: In response to timely requests from respondent, China Shanxi 
Province Lin Fen Prefecture Foreign Trade Import and Export Corp. (Lin 
Fen), the Department of Commerce (the Department) initiated a new 
shipper review of the antidumping duty order on silicon metal from the 
People's Republic of China (PRC), covering the period of June 1, 2001 
through November 30, 2001, and an administrative review covering the 
period of June 1, 2001 through May 31, 2002. See Silicon Metal from the 
People's Republic of China (PRC): Initiation of Antidumping Duty New 
Shipper Review, 67 FR 5966 (February 8, 2002), and Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 67 FR 48435 (July 24, 2002). Since Lin Fen has 
withdrawn its requests for a new shipper review and an administrative 
review, and there was no request for review from any other interested 
party, the Department is rescinding these reviews in accordance with 
section 351.302(b) and section 351.213 (d)(1) of the Department's 
regulations, respectively.

EFFECTIVE DATE: March 7, 2003.

FOR FURTHER INFORMATION CONTACT: Christian Hughes or Matthew Renkey, 
AD/CVD Enforcement Group III, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington D.C. 20230; telephone 
(202) 482-0190 and (202)482-2312.

SUPPLEMENTARY INFORMATION:

Background

    On November 30, 2001, Lin Fen requested that the Department 
initiate a new shipper review of its sales of silicon metal from PRC to 
the United States pursuant to section 351. 214 of the Department's 
regulations. On December 26, 2001, the Department sent a letter 
informing Lin Fen that its request was deficient. On December 31, 2001, 
Lin Fen submitted a revised request for the Department to initiate a 
new shipper review (December is the semi-annual anniversary month of 
this order). On January 31, 2002, the Department found that Lin Fen's 
new shipper review request met all of the regulatory requirements in 
accordance with section 351.214 (b) of the Department's regulations 
and, therefore, initiated this new shipper review. See Silicon Metal 
from the People's Republic of China (PRC): Initiation of Antidumping 
Duty New Shipper Review, 67 FR 5966 (February 8, 2002).
    On June 28, 2002, Lin Fen submitted a timely request for the 
Department to conduct an administrative review covering the period June 
1, 2001 through May 31, 2002, in accordance with section 351.213 (b)(2) 
of the Department's regulations. In the request, Lin Fen stated that it 
had one sale to the United States of the subject merchandise during 
this period of review. In furtherance of the request, Lin Fen stated 
that this sale was already subject to the ongoing new shipper review of 
Lin Fen and stated that Lin Fen had no other sales of subject 
merchandise to the United States during this period of review. On July 
18, 2002, the Department initiated Lin Fen's administrative review 
request. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 67 FR 48435 
(July 24, 2002).
    On October 2, 2002, Lin Fen requested an expansion of the six-month 
period of review in the new shipper review in order to include both a 
sale to an unaffiliated customer and an entry of subject merchandise 
into the United States in the new shipper review. In furtherance of the 
request, and in accordance with section 351. 214 (j)(3) of the 
Department's regulations, Lin Fen also agreed to waive the time limits 
of 351.214 (i) so that the Department might conduct the new shipper 
review concurrently with the administrative review for the period June 
1, 2001 through May 31, 2002. The Department granted this request and 
extended the review period for the new shipper review from June 1, 2001 
through November 30, 2001 to June 1, 2001 through January 14, 2002, and 
it also postponed the time limit for the preliminary results of the new 
shipper review in conjunction with the administrative review. See 
Silicon Metal From the People's Republic of China (PRC): Postponement 
of Time Limit for Preliminary Results of New Shipper Antidumping Review 
in Conjunction with Administrative Review, 67 FR 70403 (November 22, 
2002).
    On December 31, 2002, Lin Fen submitted a letter withdrawing its 
request for the new shipper review and administrative review. On 
February 4, 2003, the Department issued a memorandum to the parties 
analyzing these withdrawals and stating that it intended to rescind 
these reviews (see Memorandum to File through Maureen Flannery, Program 
Manager, Office of AD/CVD Enforcement VII, from Christian Hughes, 
Analyst: Silicon Metal from the People's Republic of China: Release of 
Intent to Rescind Memorandum for New Shipper Review and Administrative 
Review for China Shanxi Province Lin Fen Prefecture Foreign Trade 
Import and Export Corp., dated February 4, 2003. We received no 
comments from any parties on this memorandum.

Rescission of Antidumping Duty New Shipper Review and Rescission, in 
Part, of Administrative Review

    The Department is rescinding the antidumping duty new shipper 
review of Lin Fen covering the period June 1, 2001 through January 14, 
2002, and the administrative review covering the period June 1, 2001 
through May 31, 2002, in accordance with section 351.302(b) and section 
351.213(d)(1) of the Department's regulations, respectively. Although 
Lin Fen's withdrawals from these reviews were not within the normal 
time limits prescribed in section 351.214(f) and

[[Page 11058]]

section 351.213(d)(1) of the Department's regulations, we find that, 
under the circumstances of these reviews, it is appropriate to accept 
the withdrawals and rescind the reviews.
    First, with respect to the administrative review, the Department 
has confirmed through a U.S. Customs query that there were no entries 
of silicon metal during the period of review except for those covered 
by the new shipper review. As such, although the withdrawal request was 
untimely, it is reasonable to accept it since the Department would have 
rescinded the administrative review due to no shipments in accordance 
with section 351.213(d)(3) of the Department's regulations. Thus, the 
result is the same: if any shipments are made by Lin Fen, such 
shipments will be subject to the PRC-wide rate until another review is 
requested.
    With respect to the new shipper review, a rescission will not 
provide any advantage to Lin Fen. The assessment rate for the new 
shipper sales will be the PRC-wide rate, which is the only rate, as 
well as the highest rate, from any segment of this proceeding. 
Moreover, continuing the new shipper review would result in an 
inefficient use of the Department's resources since the Department 
would have to issue multiple determinations, and request and analyze 
comments from the interested parties. Based on the foregoing reasons, 
we find it appropriate to rescind the new shipper and administrative 
reviews of Lin Fen.

Cash Deposit Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Lin Fen of silicon metal from the PRC 
entered, or withdrawn from warehouse, for consumption in the United 
States on or after the publication of this notice in the Federal 
Register. The following cash deposit requirements will be effective 
upon publication of this notice for all shipments of silicon metal by 
Lin Fen entered, or withdrawn from warehouse, for consumption on or 
after the date of publication, as provided by section 751(a)(2)(C) of 
the Act. For silicon metal exported by Lin Fen, the cash deposit rate 
will be the PRC-wide rate, which is currently 139.49 percent. There are 
no changes to the rates applicable to any other company under this 
order. The Department will issue appropriate assessment instructions 
directly to the Customs Service within 15 days of publication of this 
notice.

Notification of Parties

    This notice serves as a final reminder to importers of their 
responsibility under section 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this period of review. Failure to comply with 
this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and subsequent assessment 
of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. Timely written notification of the return or 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 sanctionable violation.
    This determination and notice is issued and published in accordance 
with section 351.214(f)(3) and section 351.213(d)(4) of the 
Department's regulations and sections 751(a)(1), and 751(a)(2)(B) of 
the Act.

    Dated: February 28, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-5489 Filed 3-6-02; 8:45 am]
BILLING CODE 3510-DS-S