[Federal Register Volume 68, Number 114 (Friday, June 13, 2003)]
[Notices]
[Pages 35383-35384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14979]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Notice of Final Results of Administrative Review: Silicon Metal 
from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce
SUMMARY: SUMMARY: On March 10, 2003, the Department of Commerce (the 
Department) published the preliminary results of review of the 
antidumping duty order on silicon metal from the People's Republic of 
China (PRC) (68 FR 11369). The review covers one manufacturer, 
Groupstars Chemical Co., Ltd. (Shandong) (Groupstars), and its exports 
of the subject merchandise to the United States during the period June 
1, 2001 through May 31, 2002.
    We gave interested parties an opportunity to comment on the 
preliminary results of review. We received no comments from any of the 
parties.

EFFECTIVE DATE: June 13, 2003

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

SUPPLEMENTARY INFORMATION:

Background

    The Department published in the Federal Register an antidumping 
duty order on silicon metal from the PRC on June 10, 1991. See 
Antidumping Duty Order: Silicon Metal from the People's Republic of 
China, 56 FR 26649 (June 10, 1991). On June 21, 2002, Groupstars, a 
Chinese exporter of silicon metal, submitted a timely request for the 
Department to conduct an administrative review for the period June 1, 
2001 through May 31, 2002. On July 18, 2002, the Department initiated 
an administrative review covering the period June 1, 2001 through May 
31, 2002. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 67 FR 48435 
(July 24, 2002).
    On August 21, 2002, the Department sent Groupstars the standard 
non-market-economy antidumping questionnaire. The deadline for 
responding to the questionnaire was September 27, 2002. As of October 
18, 2002, the Department still had not received a response from 
Groupstars, or

[[Page 35384]]

a letter requesting an extension of the deadline. See Memorandum to 
File through Maureen Flannery, Program Manager, from Matthew Renkey, 
Analyst: Status of Questionnaire Response: Silicon Metal from the 
People's Republic of China (PRC), Administrative Review 6/1/01-5/31/02, 
dated October 18, 2002. On October 30, 2002, the Department received a 
letter from counsel for Groupstars informing us that they were 
withdrawing from representation of Groupstars because they were also 
unsuccessful in eliciting a response from the company regarding the 
substantive nature of this case.
    On March 10, 2003, the Department published the preliminary results 
of review of the antidumping duty order on silicon metal from the PRC 
(68 FR 11369). The Department has now completed this review in 
accordance with Section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of the Antidumping Duty Order

    The product covered by the order consists of silicon metal 
containing at least 96.00 but less than 99.99 percent of silicon by 
weight, and silicon metal with a higher aluminum content containing 
between 89 and 96 percent silicon by weight.
    The merchandise is currently classifiable under item numbers 
2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule of the 
United States (HTSUS) 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 of silicon and provided for in 
subheading 2804.61.00 of the HTSUS) is not subject to this order. This 
order is not limited to silicon metal used only as an alloy agent or in 
the chemical industry. Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.

Final Results of Review

    We gave interested parties an opportunity to comment on the 
preliminary results. The Department received no comments. Accordingly, 
we continue to find that a margin of 139.49 percent should be assigned 
to Groupstars for the period June 1, 2001 through May 31, 2002. The 
Department will issue assessment instructions directly to the U.S. 
Bureau of Customs and Border Protection (BCBP).

Duty Assessment and Cash Deposit Requirement

    The Department shall determine, and BCBP shall assess, antidumping 
duties on all appropriate entries. The Department will issue 
appropriate assessment instructions directly to BCBP within 15 days of 
publication of the final results of review. Furthermore, the following 
deposit rates will be effective with respect to all shipments of 
silicon metal from the PRC entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
this review, as provided for by section 751(a)(2)(C) of the Act: (1) 
the cash deposit rate for the reviewed company listed above will be the 
rate for that firm established in the final results of this review; (2) 
for companies previously found to be eligible for a separate rate and 
for which no review was requested, the cash deposit rate will be the 
rate established in the most recent review of that company; (3) for all 
other PRC exporters of subject merchandise, the cash deposit rate will 
be the PRC-wide rate of 139.49 percent; and (4) the cash deposit rate 
for non-PRC exporters of subject merchandise from the PRC will be the 
rate applicable to the PRC supplier of that exporter. These deposit 
requirements, when imposed, shall remain in effect until publication of 
the final results of the next administrative review.

Notification of Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under section 351.402(f)(2) of the Department's 
regulations 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.
    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/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(3)(A) and 777(i)(1) of the Act.

    Dated: June 6, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-14979 Filed 6-12-03; 8:45 am]
BILLING CODE 3510-DS-S