[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Notices]
[Pages 57670-57672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25280]


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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: Final Results of Antidumping Duty Administrative Review and 
Revocation of Order in Part.

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SUMMARY: On July 28, 2003, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on silicon metal from Brazil. The period of 
review (POR) is July 1, 2001, through June 30, 2002. This review covers 
imports of silicon metal from one producer/exporter, Companhia 
Brasileira Carbureto de Calcio (CBCC). We provided interested parties 
an opportunity to comment on the preliminary results of this review, 
but received no comments.
    The final results do not differ from the preliminary results of 
this review, where we found that sales of the subject merchandise have 
not been made below normal value (NV), and where we revoked the order, 
in part, with respect to CBCC, because we found that CBCC has met all 
of the requirements for revocation, as set forth in 19 C.F.R. 
351.222(b). We will instruct the United States Bureau of Customs and 
Border Protection (BCBP) not to assess antidumping duties on the 
subject merchandise exported by CBCC.

EFFECTIVE DATE: October 6, 2003./P

FOR FURTHER INFORMATION CONTACT: Maisha Cryor at (202) 482-5831 or 
Ronald Trentham at (202) 482-6320,

[[Page 57671]]

AD/CVD Enforcement, Office IV, Group II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Background

    After the publication of the preliminary results of this 
administrative review,\1\ the Department invited interested parties to 
comment on its preliminary findings. No comments were received.
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    \1\ See Silicon Metal From Brazil: Preliminary Results of 
Antidumping Duty Administrative Review, Partial Rescission of Review 
and Notice of Intent To Revoke Order in Part, 68 FR 44285 (July 28, 
2003) (Preliminary Results).
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Scope of the Order

    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 
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 silicon and provided 
for in subheading 2804.61.00 of the HTSUS) is not subject to the order. 
Although the HTSUS item numbers are provided for convenience and for 
customs purposes, the written description remains dispositive.

Period of Review

    The POR is July 1, 2001, through June 30, 2002.

Fair Value Comparisons

    To determine whether sales of silicon metal from Brazil to the 
United States were made at less than NV, we compared the constructed 
export price to NV. Our calculations followed the methodologies 
described in the Preliminary Results.

Revocation

    The Department ``may revoke, in whole or in part'' an antidumping 
duty order upon completion of a review under section 751 of the Tariff 
Act of 1930, as amended (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 
C.F.R. 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 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 C.F.R. 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 C.F.R. 351.222(b)(2); see also Silicon Metal from 
Brazil; Final Results of Antidumping Duty Administrative Review and 
Revocation of Order in Part, 67 FR 77225, 77226 (December 17, 2002).

I. CBCC: Determination to Revoke Order in Part

    In the preliminary results, we determined that CBCC has met the 
requirements for revocation. See Preliminary Results, 68 FR at 44286-87 
(July 28, 2003). We received no comments from either the petitioners or 
CBCC on this revocation determination. Therefore, we continue to find 
that CBCC has met the requirements for revocation. Specifically, we 
find that (1) CBCC has demonstrated three consecutive years of sales at 
not less than NV; (2) CBCC's aggregate sales to the United States were 
made in commercial quantities during each of those three years (see 
Preliminary Results, 68 FR at 44287 (July 28, 2003)), and (3) the 
continued application of the antidumping order is not necessary to 
offset dumping. Therefore, for the final results, we find that CBCC 
qualifies for revocation of the order on silicon metal from Brazil, 
under 19 C.F.R. 351.222(b)(2).

Final Results of Review

    As a result of this review, we determine that the following 
percentage weighted-average margin exists for the period July 1, 2001, 
through June 30, 2002:

------------------------------------------------------------------------
                                                       Weighted-average
                Manufacturer/exporter                  Margin Percentage
------------------------------------------------------------------------
CBCC................................................                0.00
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Effective Date of Revocation

    This revocation applies to all entries of subject merchandise that 
are produced and exported by CBCC, entered, or withdrawn from 
warehouse, for consumption on or after July 1, 2002. The Department 
will order the suspension of liquidation ended for all such entries and 
will instruct the BCBP to release any cash deposits or bonds. The 
Department will further instruct the BCBP to refund with interest any 
cash deposits on entries made on or after July 1, 2002.

Assessment Rates

    The Department will determine, and the BCBP shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
C.F.R. 351.212(b)(1), we have calculated an importer-specific 
assessment rate for merchandise subject to this review. The Department 
will

[[Page 57672]]

issue appropriate assessment instructions directly to the BCBP within 
15 days of publication of these final results of review. We will direct 
the BCBP 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 CBCC 
will no longer be required; (2) 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; (3) 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 (4) 
the cash deposit rate for all other manufacturers or exporters will 
continue to be 91.06 percent, the ``all others'' rate made effective by 
the LTFV investigation. The required cash deposits 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 C.F.R. 351.402(f)(2) 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 C.F.R. 351.305. 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: September 26, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-25280 Filed 10-3-03; 8:45 am]
BILLING CODE 3510-DS-S