[Federal Register Volume 71, Number 89 (Tuesday, May 9, 2006)]
[Notices]
[Pages 26927-26928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7044]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-824, A-823-805, A-570-828]


Silicomanganese from Brazil, Ukraine, and the People's Republic 
of China; Five-year Sunset Reviews of Antidumping Duty Orders; Final 
Results

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 
silicomanganese from Brazil, Ukraine, and the People's Republic of 
China pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act). On the basis of the notice of intent to participate and 
adequate substantive responses filed on behalf of the sole domestic 
interested party and inadequate 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 be likely to lead to continuation or 
recurrence of dumping and the magnitude of the margins likely to 
prevail is set forth in the section entitled ``Final Results of 
Reviews.''

EFFECTIVE DATE: May 9, 2006.

FOR FURTHER INFORMATION CONTACT: Zev Primor or Janis Kalnins, Office 5, 
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-
4114 or (202) 482-1392, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2006, the Department initiated sunset reviews of the 
antidumping duty orders on silicomanganese from Brazil, Ukraine, and 
the People's Republic of China pursuant to section 751(c) of the Act. 
See Initiation of Five-year (``Sunset'') Reviews, 71 FR 91 (January 3, 
2006). The Department received a Notice of Intent to Participate from 
Eramet Marietta Inc. (Eramet) within the deadline specified in 19 CFR 
351.218(d)(1)(i), (Sunset Regulations). Eramet claimed interested-party 
status under section 771(9)(C) of the Act as a manufacturer of a 
domestic like product in the United States. We received complete 
substantive responses from Eramet within the 30-day deadline specified 
in 19 CFR 351.218(d)(3)(i). In its substantive response, Eramet 
indicated that Elkem was the petitioner in the original investigation 
but that, since Eramet purchased Elkem's silicomanganese operations in 
1999, it has participated actively in all administrative reviews and 
sunset reviews.
    We did not receive substantive responses from any respondent 
interested parties in the sunset reviews of the antidumping duty orders 
on silicomanganese from Brazil, Ukraine, and the People's Republic of 
China. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 
CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset 
reviews of these orders.

Scope of the Orders

    The merchandise covered by these orders 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. These orders cover all silicomanganese, 
regardless of its tariff classification. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of these orders remain dispositive.

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 May 3, 2006 (Decision 
Memorandum), which is hereby adopted by this notice. The issues 
discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
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 the CRU, Room B-099 of the main Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web 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 
silicomanganese from Brazil, Ukraine, and the People's Republic of 
China would likely lead to continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                               Weighted-Average Margin
     Manufacturers/Exporters/Producers                (Percent)
------------------------------------------------------------------------
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)...............                         64.93

[[Page 26928]]

 
All Others................................                         17.60
Ukraine...................................
All Manufacturers/Producers/Exporters.....                        163.00
The People's Republic of China............
All Manufacturers/Producers/Exporters.....                        150.00
------------------------------------------------------------------------

    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: May 3, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-7044 Filed 5-8-06; 8:45 am]
BILLING CODE 3510-DS-S