[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Notices]
[Pages 26334-26335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6760]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806, A-351-806]


Silicon Metal from the People's Republic of China and Brazil: 
Final Results of the Expedited Reviews of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 3, 2006, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty orders 
on Silicon Metal from the People's Republic of China (``PRC'') and 
Brazil, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended, (``the Act''). See Initiation of Five-year (``Sunset'') 
Reviews, 71 FR 91 (January 3, 2006) (``Initiation Notice''). On the 
basis of the notice of intent to participate and adequate substantive 
responses filed on behalf of the domestic interested parties, and no 
responses from respondent interested parties, the Department conducted 
expedited sunset reviews. As a result of these sunset reviews, the 
Department finds that revocation of the antidumping duty orders would 
likely lead to continuation or recurrence of dumping at the levels 
listed below in the section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: May 4, 2006.

FOR FURTHER INFORMATION CONTACT: James Nunno, AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC, 
20230; telephone: (202) 482-0783.

SUPPLEMENTARY INFORMATION:

Background

    The Department published an antidumping duty order on silicon metal 
from the PRC on June 10, 1991, and from Brazil on July 31, 1991. See 
Antidumping Duty Order: Silicon Metal from the People's Republic of 
China, 56 FR 26649; see also Antidumping Duty Order: Silicon Metal from 
Brazil, 56 FR 36135. On January 3, 2006, the Department initiated 
sunset reviews of the antidumping duty orders on Silicon Metal from the 
PRC and Brazil pursuant to section 751(c) of the Act. See Initiation 
Notice. The Department received a notice of intent to participate from 
a domestic interested party, Globe Metallurgical Inc. (``Globe''), 
within the deadline specified in section 351.218(d)(1)(i) of the 
Department's regulations. Globe claimed interested party status 
pursuant to section

[[Page 26335]]

771(9)(C) of the Act as a U.S. producer of the domestic like product. 
We received a submission from the domestic interested party within the 
30-day deadline specified in section 351.218(d)(3)(i) of the 
Department's regulations. However, we did not receive submissions from 
any respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the 
Department's regulations, the Department conducted expedited sunset 
reviews of these orders.

Scope of the Orders

PRC

    The merchandise covered by this order is silicon metal containing 
at least 96.00 percent but less than 99.99 percent silicon by weight. 
Also covered by this antidumping order is silicon metal 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.

Brazil

    The merchandise covered by this order is silicon metal containing 
at least 96.00 percent but less than 99.99 percent silicon by weight. 
Also covered by this antidumping order is silicon metal 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.

Scope Clarifications

PRC

    There has been one scope clarification in this proceeding. See 
Scope Rulings, 58 FR 27542 (May 10, 1993). In a response to a request 
by domestic interested parties for clarification of the scope of the 
antidumping duty order, the Department determined that silicon metal 
containing between 89.00 percent and 99.00 percent silicon by weight, 
but which contains a higher aluminum content than the silicon metal 
containing at least 96.00 percent, but less than 99.99 percent silicon 
by weight, is the same class or kind of merchandise as the silicon 
metal described in the original order. Therefore, such material is 
within the scope of the order on silicon metal from the PRC.

Analysis of Comments Received

    All issues raised in these cases are addressed in the ``Issues and 
Decision Memorandum'' from Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, to David M. Spooner, Assistant 
Secretary for Import Administration, dated April 27, 2006 (``Issues and 
Decision Memorandum''), which is hereby adopted by this notice. The 
issues discussed in the Issues and Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margin likely to prevail if the orders were revoked. Parties can 
find a complete discussion of all issues raised in these sunset reviews 
and the corresponding recommendations in this public memorandum, which 
is on file in room B-099 of the main Department building.
    In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on our Web site at http://ia.ita.doc.gov. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
Silicon Metal from the PRC and Brazil would likely lead to continuation 
or recurrence of dumping at the following percentage weighted-average 
margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
PRC.................................................
PRC-wide Rate.......................................              139.49
Brazil\1\...........................................
Camargo Correa Metais, S.A. (``CCM'')...............               93.20
Companhia Brasileira Carbureto de Calcio (``CBCC'').             Revoked
RIMA Eletrometalurgica S.A. (``RIMA'')..............             Revoked
All Others..........................................               91.06
------------------------------------------------------------------------
\1\We will notify the ITC that Companhia Brasileira Carbureto de Calcio
  (``CBCC'') and RIMA Eletrometalurgica S.A. (``RIMA'') are no longer
  subject to the order. See Policies Regarding the Conduct of Five-Year
  (``Sunset'') Reviews of Antidumping and Countervailing Duty Orders;
  Policy Bulletin, 63 FR 18871 (April 16, 1998); see also Silicon Metal
  From Brazil: Final Results of Antidumping Duty Administrative Review
  and Revocation of Order in Part, 68 FR 57670 (October 6, 2003) (order
  revoked as to CBCC) and Silicon Metal from Brazil; Final Results of
  Antidumping Duty Administrative Review and Revocation of Order in
  Part, 67 FR 77225 (December 17, 2002) (order revoked as to RIMA).

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or 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 these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: April 27, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-6760 Filed 5-3-06; 8:45 am]
BILLING CODE 3510-DS-S