[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Notices]
[Pages 19418-19419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1741]


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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.

SUMMARY: On December 8, 2004, 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, Rio 
Doce Manganes S.A. (RDM), Companhia Paulista de Ferro-Ligas (CPFL), and 
Urucum Minera[ccedil] o S.A. (Urucum) (collectively, RDM/CPFL), for the 
period December 1, 2002, through November 30, 2003. We gave interested 
parties an opportunity to comment on the preliminary results. Based on 
our analysis of the comments received, we did not revise 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: April 13, 2005.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov at (202) 482-0665 or 
Minoo Hatten at (202) 482-1690, AD/CVD Operations, Office 5, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    On December 8, 2004, we published the preliminary results of review 
(see Silicomanganese from Brazil: Preliminary Results of Antidumping 
Duty Administrative Review, 69 FR 71011, (December 8, 2004) 
(Preliminary Results)), and invited parties to comment. On January 24, 
2004, RDM/CPFL filed case briefs. Eramet Marietta (the petitioner) did 
not file case or rebuttal briefs.
    The Department of Commerce (the Department) has conducted this 
review in accordance with section 751(a) of the Tariff Act of 1930, as 
amended (the Act).

Scope of Order

    The merchandise covered by this order 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 RDM/CPFL's case brief in the context of this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' from Barbara E. Tillman, Acting Deputy Assistant Secretary 
for Import Administration, to Joseph A. Spetrini, Acting Assistant 
Secretary for Import Administration, dated April 7, 2005 (Decision 
Memorandum), which is hereby adopted by this notice. Attached to this 
notice as an appendix is a list of the issues that RDM/CPFL has 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 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 certain home-market below-cost sales that failed the cost 
test. See Preliminary Results, 69 FR 71014. The Department also 
disregarded below-cost home-market sales for these final results.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we did not make 
changes in the margin calculation for the final results. See also 
``Final Results Analysis Memorandum of RDM/CPFL'' from Dmitry 
Vladimirov to the File, dated April 7, 2005.

Final Results of Review

    As a result of our review, we determined that a margin of 0.00 
percent exists for RDM/CPFL for the period December 1, 2002, through 
November 30, 2003.

[[Page 19419]]

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. 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 RDM/CPFL is 0.00 
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: April 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in the Decision Memorandum


Comment 1. Affiliation with Certain Home-Market Customers
Comment 2. Purchases of Raw Materials From Affiliates' Subsidiaries
Comment 3. Presumed Tax Credit
Comment 4. Comparable Merchandise
Comment 5. Inventory Carrying Cost

[FR Doc. E5-1741 Filed 4-12-05; 8:45 am]
BILLING CODE 3510-DS-P