[Federal Register Volume 71, Number 10 (Tuesday, January 17, 2006)]
[Notices]
[Pages 2516-2517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-410]


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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 September 9, 2005, 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 Mangan[ecirc]s S.A. (RDM), Companhia Paulista de Ferro-Ligas 
(CPFL), and Urucum Minera[ccedil][atilde]o S.A. (Urucum) (collectively 
RDM/CPFL), for the period December 1, 2003, through November 30, 2004. 
We gave interested parties an opportunity to comment on the preliminary 
results. Based on our analysis of the comments received, we have made a 
change in the margin calculation for the final results of this review. 
The final weighted-average margin is listed below in the ``Final 
Results of Review'' section of this notice.

EFFECTIVE DATE: January 17, 2006.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun at (202) 482-5760 or 
Dmitry Vladimirov at (202) 482-0665, 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 September 9, 2005, the Department of Commerce (the Department) 
published the preliminary results of this review and invited parties to 
comment. See Silicomanganese From Brazil: Preliminary Results of 
Antidumping Duty Administrative Review, 70 FR 53628 (Preliminary 
Results). On October 10, 2005, RDM/CPFL, the respondent, filed a case 
brief. Eramet Marietta, the petitioner, did not file case or rebuttal 
briefs.

Scope of the 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, phosphorus, 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 the order, 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 order covers all silicomanganese, 
regardless of its tariff classification. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the order 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 January 9, 2006, Issues and 
Decision Memorandum for the Final Results of the Administrative Review 
of the Antidumping Duty Order on Silicomanganese from Brazil December 
1, 2003, through November 30, 2004 (the 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

[[Page 2517]]

corresponding recommendations in this public memorandum, which is on 
file in the Central Records Unit, Room B-099 of the main Department 
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

    The Department conducted an investigation to determine whether RDM/
CPFL made home-market sales at prices below the cost of production. See 
Preliminary Results, 70 FR at 53630. As a result of its investigation, 
the Department disregarded certain below-cost home-market sales for 
these final results.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made a 
change in the margin calculation for the final results of this review 
and described the change in the accompanying Issues and Decision 
Memorandum dated January 9, 2006. See also Analysis Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Silicomanganese from Brazil: Rio Doce Mangan[ecirc]s S.A. 
(RDM), Companhia Paulista de Ferro-Ligas (CPFL), and Urucum 
Minera[ccedil][atilde]o S.A. (Urucum) (collectively, RDM/CPFL), dated 
January 9, 2006.

Final Results of Review

    As a result of our review, we determine that a margin of 0.00 
percent exists for RDM/CPFL for the period December 1, 2003, through 
November 30, 2004.

Duty Assessment and Cash-Deposit Requirements

    The Department shall 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 per-unit dollar amount for the subject merchandise. 
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 this notice of final results of administrative review 
for all shipments of silicomanganese 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 will be 0.00 percent; (2) for previously 
reviewed or investigated companies not mentioned 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 less-than-fair-value (LTFV) 
investigation but the manufacturer is, then the cash-deposit rate will 
be the rate established for the most recent period for the manufacturer 
of the merchandise; and (4) if neither the exporter nor the producer is 
a firm covered in this review, a prior review, or the LTFV 
investigation, 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 to Importers

    This notice serves as a primary 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 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.

Notification Regarding APOs

    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 APO 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.
    We are publishing these final results of administrative review and 
notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 9, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX--Issues in the Decision Memorandum

Comment 1: Affiliation with Certain Home-Market Customers
Comment 2: U.S. Gross Unit Price
[FR Doc. E6-410 Filed 1-13-06; 8:45 am]
BILLING CODE 3510-DS-S