[Federal Register Volume 69, Number 57 (Wednesday, March 24, 2004)]
[Notices]
[Pages 13813-13814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6611]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-824]


Silicomanganese From Brazil: Final Results of Antidumping Duty 
Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On October 27, 2003, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on silicomanganese from Brazil. The review covers exports of 
this merchandise to the United States by the collapsed parties, Sibra 
Eletro-Siderurgica Brasileira S.A. (SIBRA), Companhia Paulista de 
Ferro-Ligas (CPFL), and Urucum Mineracao (Urucum) (collectively 
``SIBRA/CPFL/Urucum''), for the period December 1, 2001, through 
November 30, 2002. We gave interested parties an opportunity to comment 
on the preliminary results. Based on our analysis of the comments 
received, we have revised our calculations for these final results. The 
final weighted-average margin is listed below in the ``Final Results of 
Review'' section of this notice.

EFFECTIVE DATE: March 24, 2004.

FOR FURTHER INFORMATION CONTACT: Brian Ellman at (202) 482-4852 or 
Katja Kravetsky at (202) 482-0108, Office of AD/CVD Enforcement 3, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Background

    On October 27, 2003, we published the preliminary results of review 
(see Silicomanganese from Brazil: Preliminary Results of Antidumping 
Administrative Review, 68 FR 61185). We invited parties to comment on 
the preliminary results of the review. On November 6, 2003, we received 
a request for a public hearing from Eramer Marietta (the petitioner). 
On December 5, 2003, the petitioner and SIBRA/CPFL filed case briefs. 
On December 12, 2003, both parties filed rebuttal briefs. The hearing 
took place on December 17, 2003. On February 23, 2004, the Department 
of Commerce (the Department) postponed the final results of this review 
until no later than March 16, 2004. See Silicomanganese From Brazil: 
Extension of Time Limit for Final Results of Antidumping Duty 
Administrative Review, 69 FR 9587 (March 1, 2004).
    The Department has conducted this review in accordance with section 
751(a) of the Tariff Act of 1930 (the Act).

Scope of Review

    The merchandise covered by this review is silicomanganese. 
Silicomanganese, which is sometimes called ferrosilicon manganese, is a 
ferroalloy composed principally of manganese, silicon and iron, and 
normally contains much smaller proportions of minor elements, such as 
carbon, phosphorous and sulfur. Silicomanganese generally contains by 
weight not less than 4 percent iron, more than 30 percent manganese, 
more than 8 percent silicon, and not more than 3 percent phosphorous. 
All compositions, forms, and sizes of silicomanganese are included 
within the scope of this review, including silicomanganese slag, fines, 
and briquettes. Silicomanganese is used primarily in steel production 
as a source of both silicon and manganese.
    Silicomanganese is currently classifiable under subheading 
7202.30.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Some silicomanganese may also currently be classifiable under 
HTSUS subheading 7202.99.5040. This scope covers all silicomanganese, 
regardless of its tariff classification. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope remains dispositive.

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'' from Susan Kuhbach, Acting Deputy Assistant Secretary, to 
Jeffrey May, Acting Assistant Secretary for Import Administration, 
dated March 16, 2004 (Decision Memorandum), which is hereby adopted by 
this notice. Attached to this notice as an appendix is a list of the 
issues that parties have raised and to which we have responded in the 
Decision Memorandum. 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 of the main Department of Commerce building. In addition, a 
complete version of the Decision Memorandum can be accessed directly on 
the Internet

[[Page 13814]]

at http://ia.ita.doc.gov/frn. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Sales Below Cost in the Home Market

    As discussed in detail in the preliminary results, the Department 
disregarded home-market below-cost sales that failed the cost test.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes in the margin calculation. See ``Cost of Production and 
Constructed Value Calculation Adjustments for the Final Results'' from 
Robert Greger to Neal Halper, Director, Office of Accounting and 
``Final Results Analysis Memorandum of SIBRA/CPFL/Urucum'' from Katja 
Kravetsky and Brian Ellman to the File, both dated March 16, 2004.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the collapsed parties SIBRA, CPFL, 
and Urucum for the period December 1, 2001, through November 30, 2002:

------------------------------------------------------------------------
                                                       Weighted-average
                Manufacturer/exporter                  percentage margin
------------------------------------------------------------------------
SIBRA/CPFL/Urucum...................................               13.02
------------------------------------------------------------------------

Duty Assessment and Cash Deposit Requirements

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) 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. The Department will issue 
appropriate assessment instructions directly to CBP within 15 days of 
publication of these final results of review. Further, the following 
deposit requirements will be effective upon publication of the final 
results of this administrative review for all shipments of 
silicomanganese from Brazil entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for SIBRA/CPFL/Urucum will 13.02 percent; (2) for merchandise exported 
by producers or exporters that were previously reviewed or 
investigated, the cash deposit will continue to be the most recent rate 
published in the final determination or final results for which the 
producer or exporter received an individual rate; (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 subject merchandise; and (4) if 
neither the exporter nor the manufacturer is a firm covered in this or 
any previous review, the cash deposit rate shall be 17.60 percent, the 
all-others rate established in the LTFV investigation. See Notice of 
Final Determination of Sales at Less Than Fair Value: Silicomanganese 
from Brazil, 59 FR 55432, (November 7, 1994). These deposit 
requirements 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 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during the 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 orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative protective order itself. 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 sanctionable 
violation.
    These final results of administrative review and notice are issued 
and published in accordance with sections 751(a)(1) and 777(i)(1) of 
the Act.

    Dated: March 16, 2004.
Jeffrey May,
Acting Assistant Secretary for Import Administration.

APPENDIX Issues in the Decision Memorandum

Comment 1. Model Matching
Comment 2. Affiliation With Home-Market Customers
Comment 3. Merchandise
Comment 4. High-Inflation Methodology
Comment 5. Replacement Costs
Comment 6. By-Product Inputs
Comment 7. Raw Material Inputs from Affiliates
Comment 8. Freight Services Provided by an Affiliate
Comment 9. Depreciation
Comment 10. Income Offsets to G&A
Comment 11. Weighted-Average G&A Ratio Calculation
Comment 12. Interest Expense
Comment 13. Interest Income
Comment 14. Net Foreign Exchange Losses
Comment 15. ICMS/IPI Taxes
Comment 16. PIS/COFINS Taxes
Comment 17. Additional Bill-of-Lading Fee
[FR Doc. 04-6611 Filed 3-23-04; 8:45 am]
BILLING CODE 3510-DS-S