[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Notices]
[Pages 29123-29124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7683]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-824]


Silicomanganese From Brazil: Notice of Intent to Rescind 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from Eramet Marietta Inc., a domestic 
producer of silicomanganese, the Department of Commerce initiated an 
administrative review of the antidumping duty order on silicomanganese 
from Brazil. The period of review covers December 1, 2004, through 
November 30, 2005. Because the sole respondent reported that it had no 
sales or shipments to the United States during the period of review, we 
intend to rescind the review.

EFFECTIVE DATE: May 19, 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, 14\th\ Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: The Department of Commerce (the Department) 
published an antidumping duty order on silicomanganese from Brazil on 
December 22, 1994. See Notice of Antidumping Duty Order: 
Silicomanganese from Brazil, 59 FR 66003 (December 22, 1994). On

[[Page 29124]]

December 1, 2005, the Department published a notice of opportunity to 
request an administrative review of the antidumping duty order for the 
period of review covering December 1, 2004, through November 30, 2005. 
See Notice of Opportunity to Request Administrative Review of 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation, 70 FR 72109 (December 1, 2005). In accordance with 19 
CFR 351.213(b)(1), the petitioner, Eramet Marietta Inc., requested an 
administrative review of this order with respect to the following 
respondents: Rio Doce Mangan[ecirc]s S.A., Companhia Paulista de Ferro-
Ligas, and Urucum Minera[ccedil][atilde]o S.A. (collectively RDM/CPFL).
    The Department published the initiation of the administrative 
review of the antidumping duty order on silicomanganese from Brazil on 
February 1, 2006. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 71 FR 5241 
(February 1, 2006).

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.

Intent to Rescind Administrative Review

    The Department will rescind an administrative review with respect 
to an exporter or producer if the Department concludes that there were 
no entries, exports, or sales of the subject merchandise to the United 
States during the period of review. See 19 CFR 351.213(d)(3). In 
response to the Department's questionnaire, RDM/CPFL notified the 
Department that the company had no entries, exports, or sales of the 
subject merchandise to the United States during the period of review. 
Eramet Marietta Inc. submitted no information rebutting RDM/CPFL's 
response.
    The Department conducted a customs data query to ascertain whether 
there were suspended entries of subject merchandise. See April 12, 
2006, Memorandum to File entitled ``Silicomanganese from Brazil: 
Internal Customs Data Query.'' Based on the data query, there is no 
evidence of entries or shipments of the subject merchandise by RDM/CPFL 
during the period of review. Therefore, we intend to rescind the 
review.
    In accordance with the Department's clarification of its assessment 
policy (see Antidumping and Countervailing Duty Proceedings: Assessment 
of Antidumping Duties, 68 FR 23954 (May 6, 2003)), in the event any 
entries were made during the period of review through intermediaries 
under U.S. Customs and Border Protection (CBP) case numbers for RDM/
CPFL, the Department will instruct CBP to liquidate such entries at the 
all-others rate in effect on the date of entry.

Public Comment

    An interested party may request a hearing within 15 days of 
publication of this notice of intent to rescind. See 19 CFR 351.310(c). 
Any hearing, if requested, will be held 30 days after the date of 
publication, or the first working day thereafter. Interested parties 
may submit case briefs no later than 15 days after the date of 
publication of this notice of intent to rescind. See 19 CFR 
351.309(c)(ii). Rebuttal briefs, limited to issues raised in case 
briefs, may be filed no later than five days after the time limit for 
filing the case brief. See 19 CFR 351.309(d). Parties who submit 
arguments are requested to submit with the argument (1) a statement of 
the issue, (2) a brief summary of the argument, and (3) a table of 
authorities. Further, parties submitting written comments should 
provide the Department with an additional copy of the public version of 
any such comments on diskette. The Department will issue the final 
notice, which will include the results of its analysis of issues raised 
in any such comments, or at a hearing, if requested, within 120 days of 
publication of this notice of intent to rescind.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d).

    Dated: May 15, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-7683 Filed 5-18-06; 8:45 am]
BILLING CODE 3510-DS-S