[Federal Register Volume 69, Number 100 (Monday, May 24, 2004)]
[Notices]
[Pages 29517-29518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11678]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-824]


Silicomanganese From Brazil: Notice of Amended Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending the 
final results of administrative review of the antidumping duty order on 
silicomanganese from Brazil to reflect the correction of a ministerial 
error in those final results. The review covers the collapsed entity of 
SIBRA Electrosiderurgica Brasiliera S.A. (SIBRA), Companhia Paulista de 
Ferro-Ligas (CPFL), and Urucum Mineracao S.A. (Urucum) (collectively 
``SIBRA/CPFL/Urucum''). The period of review is December 1, 2001, 
through November 31, 2002.

EFFECTIVE DATE: May 24, 2004.

FOR FURTHER INFORMATION CONTACT: Katja Kravetsky or Mark Ross, 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; telephone: (202) 
482-0108 or (202) 482-4794, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 24, 2004, the Department published in the Federal Register 
the final results of the administrative review of the antidumping duty 
order on silicomanganese from Brazil. See Silicomanganese from Brazil: 
Final Results of Antidumping Duty Administrative Review, 69 FR 13813 
(Final Results). On April 15, 2004, in response to timely filed 
ministerial-error allegations by SIBRA/CPFL/Urucum and the Eramet 
Marietta Inc. (the petitioner), we issued a memorandum detailing our 
analysis of the ministerial-error comments. See the April 15, 2004, 
memorandum titled ``Silicomanganese from Brazil: Analysis of 
Ministerial-Error Comments'' (Ministerial-Error Memo), the public 
version of which is on file in the Central Records Unit in room B-099 
of the main Commerce building. On April 21, 2004, the petitioner filed 
a timely ministerial-error allegation pertaining to the Ministerial-
Error Memo. Specifically, the petitioner alleged that the Department 
did not include the reported manufacturing costs for 15/20-grade 
silicomanganese in the calculation of the weighted-average cost of 
production and constructed value of the 16/20-grade silicomanganese 
sold in the United States as it stated it had in the Final Results. 
SIBRA/CPFL did not reply to this ministerial-error allegation.

Amendment to Final Results

    We have reviewed the Ministerial-Error Memo and the calculations in 
the Final Results and find that the error alleged by the petitioner on 
April 21, 2004, constitutes a ministerial error within the meaning of 
19 CFR 351.224(f). For a detailed analysis of the ministerial-error 
allegation and the Department's position, see the Memorandum to Jeffrey 
May, Deputy Assistant Secretary for Import Administration, from Laurie 
Parkhill, Office Director, dated May 14, 2004. Pursuant to section 
751(h) of the Tariff Act of 1930, as amended (the Act), we have amended 
the Final Results by correcting this error, which changes the final 
antidumping duty margin from 13.02 percent to 16.50 percent. 
Consequently, we will issue amended cash-deposit instructions to U.S. 
Customs and Border Protection (CBP) to reflect the amendment of the 
final results of review.

Duty Assessment and Cash-Deposit Requirements

    The Department will determine, and 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 amended final results of 
review. Further, the following deposit requirements will be effective 
upon publication of the amended 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 amended final results, as provided by section 751(a)(2)(C) 
of the Act: (1) The cash-deposit rate for SIBRA/CPFL/Urucum will be 
16.50 percent; (2) for merchandise exported by producers or exporters 
that were previously reviewed or investigated, the

[[Page 29518]]

cash-deposit rate 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 by these amended final results of 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 
by these amended final results of review, the cash deposit rate will 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.
    We are issuing and publishing these amended final results in 
accordance with section 751(h) of the Act and 19 CFR 351.224.

    Dated: May 14, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-11678 Filed 5-21-04; 8:45 am]
BILLING CODE 3510-DS-S