[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42084-42085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11835]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-806)


Silicon Metal From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received 
timely requests to conduct new shipper reviews of the antidumping duty 
order on silicon metal from the People's Republic of China (``PRC''). 
In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.214(d), we are initiating reviews 
for Shanghai Jinneng International Trade Co., Ltd. (``Shanghai 
Jinneng'') and Jiangxi Gangyuan Silicon Industry Co., Ltd. (``Jiangxi 
Gangyuan'').

EFFECTIVE DATE: July 25, 2006.

FOR FURTHER INFORMATION CONTACT: P. Lee Smith or Scot T. Fullerton, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of

[[Page 42085]]

Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-1655 or (202) 482-1386, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests from Shanghai Jinneng and 
Jiangxi Gangyuan on June 23, 2006, pursuant to section 751(a)(2)(B) the 
Act, and in accordance with 19 CFR 351.214(c), for new shipper reviews 
of the antidumping duty order on silicon metal from the PRC.\1\ See 
Antidumping Duty Order: Silicon Metal From the People's Republic of 
China, 56 FR 26649 (June 10, 1991).
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    \1\ Both Shanghai Jinneng and Jiangxi Gangyuan revised claims of 
business proprietary information in their requests for a new shipper 
review in submissions filed on June 23, 2006. These revisions were 
filed in response to a request by the Department. See Letter from 
Christopher D. Riker, Program Manager, AD/CVD Operations, Office 9, 
Import Administration, dated June 20, 2006.
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    Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(ii)(A), 
and 19 CFR 351.214(b)(2)(iii)(A), in their requests for review, 
Shanghai Jinneng and Jiangxi Gangyuan certified that they did not 
export the subject merchandise to the United States during the period 
of investigation (``POI'') and that since the initiation of the 
investigation they have never been affiliated with any company which 
exported subject merchandise to the United States during the POI. 
Furthermore, pursuant to 19 CFR 351.214(b)(2)(ii)(B) and 19 CFR 
351.214(b)(2)(iii)(A), Datong Jinneng Industrial Silicon Co., Ltd. 
(``Datong Jinneng''), Shanghai Jinneng's producer, certified that it 
did not export the subject merchandise to the United States during the 
POI and that since the initiation of the investigation it has never 
been affiliated with any company which exported subject merchandise to 
the United States during the POI. Additionally, pursuant to 19 CFR 
351.214(b)(2)(iii)(B), Shanghai Jinneng, Datong Jinneng, and Jiangxi 
Gangyuan further certified that their export activities are not 
controlled by the central government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(iv), Shanghai Jinneng and 
Jiangxi Gangyuan each submitted documentation establishing the 
following: (1) the date on which it first shipped subject merchandise 
for export to the United States and the date on which the subject 
merchandise was first entered, or withdrawn from warehouse, for 
consumption; (2) the volume of its first shipment; and (3) the date of 
its first sale to an unaffiliated customer in the United States.

Initiation of Reviews

    In accordance with section 751(a)(2)(B) of the Act, and 19 CFR 
351.214(d)(1), and based on information on the record, we are 
initiating new shipper reviews for Shanghai Jinneng and Jiangxi 
Gangyuan. See Memoranda to the File through Christopher D. Riker, 
Program Manager, AD/CVD Operations, Office 9, Import Administration, 
from P. Lee Smith, Import Compliance Specialist, AD/CVD Operations, 
Office 9, Import Administration, regarding New Shipper Initiation 
Checklists, dated July 18, 2006. We intend to issue the preliminary 
results of these reviews not later than 180 days after the date on 
which the reviews were initiated, and the final results of these 
reviews within 90 days after the date on which the preliminary results 
are issued.
    Pursuant to 19 CFR 351.214(g)(1)(i)(A), the period of review 
(``POR'') for a new shipper review, initiated in the month immediately 
following the anniversary month, will be the twelve-month period 
immediately preceding the anniversary month. Therefore, the POR for the 
new shipper reviews of Shanghai Jinneng and Jiangxi Gangyuan will be 
June 1, 2005, through May 31, 2006.
    It is the Department's practice to date in cases involving non-
market economies to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue questionnaires to Shanghai Jinneng and Jiangxi Gangyuan, 
including a separate rates section. The reviews will proceed if the 
responses provide sufficient indication that Shanghai Jinneng and 
Jiangxi Gangyuan are not subject to either de jure or de facto 
government control with respect to their exports of freshwater crawfish 
tail meat. However, if the exporter does not demonstrate the company's 
eligibility for a separate rate, then the company will be deemed not 
separate from the PRC-wide entity, which exported during the POI. An 
exporter unable to demonstrate the company's eligibility for a separate 
rate would hence not meet the requirements of CFR 351.214(b)(2)(iii) 
and its new shipper review will be rescinded. See, e.g., Brake Rotors 
From the People's Republic of China: Rescission of Second New Shipper 
Review and Final Results and Partial Rescission of First Antidumping 
Duty Administrative Review, 64 FR 61581 (November 12, 1999).
    In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(e), we will instruct U.S. Customs and Border Protection to 
allow, at the option of the importer, the posting, until the completion 
of the review, of a single entry bond or security in lieu of a cash 
deposit for certain entries of the merchandise exported by either 
Shanghai Jinneng and Jiangxi Gangyuan. We will apply the bonding option 
under 19 CFR 351.107(b)(1)(i) only to entries from the producer/
exporter combination for which these companies have requested a new 
shipper review, i.e., Shanghai Jinneng/Datong Jinneng and Jiangxi 
Gangyuan/Jiangxi Gangyuan.
    Interested parties that need access to proprietary information in 
these new shipper reviews should submit applications for disclosure 
under administrative protective orders in accordance with 19 CFR 
351.305 and 351.306.
    This initiation and notice are issued and published in accordance 
with section 751(a) of the Act, 19 CFR 351.214(d) and 19 CFR 
351.221(b)(1).

    Dated: July 18, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-11835 Filed 7-24-06; 8:45 am]
BILLING CODE 3510-DS-S