[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Pages 76635-76636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21848]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-351-806)


Silicon Metal from Brazil: Revocation of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 3, 2006, the Department of Commerce initiated and 
the International Trade Commission instituted a sunset review of the 
antidumping duty order on silicon metal from Brazil. As a result of the 
review, the International Trade Commission determined that revocation 
of the order on silicon metal from Brazil would not be likely to lead 
to continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. Therefore, the 
Department of Commerce is revoking this antidumping duty order.

EFFECTIVE DATE: February 16, 2006.

FOR FURTHER INFORMATION CONTACT: Janis Kalnins or Minoo Hatten, Office 
5, AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-1392 and (202) 
482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by this order is silicon metal from Brazil 
containing at least 96.00 percent but less than 99.99 percent silicon 
by weight. Also covered by this order is silicon metal from Brazil 
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 (HTS) 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 HTS) is not subject to the 
order. Although the

[[Page 76636]]

HTS item numbers are provided for convenience and for customs purposes, 
the written description remains dispositive.

Background

    On February 16, 2001, the Department of Commerce (the Department) 
published the continuation of the antidumping duty order on silicon 
metal from Brazil resulting from the first sunset review of this order. 
See Continuation of Antidumping Duty Orders on Silicon Metal From 
Brazil and China and on Silicomanganese From Brazil and China, and 
Continuation of Suspended Antidumping Duty Investigation on 
Silicomanganese From Ukraine, 66 FR 10669 (February 16, 2001). Pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.218, the Department initiated and the International Trade 
Commission (ITC) instituted the second sunset review of the order on 
silicon metal from Brazil on January 3, 2006. See Initiation of Five-
Year (Sunset) Reviews, 71 FR 91 (January 3, 2006); Institution of Five-
Year Reviews Concerning the Antidumping Duty Orders on Silicon Metal 
from Brazil and China, 71 FR 138 (January 3, 2006). As a result of its 
review, the Department found that revocation of the order would likely 
lead to continuation or recurrence of dumping and notified the ITC of 
the magnitude of the margin likely to prevail were the order to be 
revoked. See Silicon Metal from the People's Republic of China and 
Brazil: Final Results of the Expedited Reviews of the Antidumping Duty 
Orders, 71 FR 26334 (May 4, 2006). On December 11, 2006, the ITC 
determined pursuant to section 751(c) of the Act that revocation of the 
antidumping duty order on silicon metal from Brazil would not be likely 
to lead to continuation or recurrence of material injury to an industry 
in the United States within a reasonably foreseeable time. See Silicon 
Metal From Brazil and China, 71 FR 71554 (December 11, 2006), and ITC 
Publication 3892 (December 2006) entitled Certain Silicon Metal from 
Brazil and China: Investigation Nos. 731-TA-471 and 472 (Second 
Review).

Determination to Revoke

    As a result of the determination by the ITC that revocation of this 
antidumping duty order is not likely to lead to continuation or 
recurrence of material injury to an industry in the United States, the 
Department is revoking the order on silicon metal from Brazil, pursuant 
to section 751(d) of the Act. Pursuant to section 751(d)(2) of the Act 
and 19 CFR 351.222(i)(2)(i), the effective date of revocation is 
February 16, 2006 (i.e., the fifth anniversary of the date of 
publication in the Federal Register of the notice of continuation of 
the antidumping duty order). The Department will notify U.S. Customs 
and Border Protection to discontinue suspension of liquidation and 
collection of cash deposits on entries of the subject merchandise 
entered or withdrawn from warehouse on or after February 16, 2006, the 
effective date of revocation of the antidumping duty order. The 
Department will complete any pending administrative reviews of this 
order and will conduct administrative reviews of subject merchandise 
entered prior to the effective date of revocation in response to 
appropriately filed requests for review.
    This five-year sunset review and notice are in accordance with 
section 751(d)(2) and published pursuant to section 777(i)(1) of the 
Act.

    Dated: December 14, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-21848 Filed 12-20-06; 8:45 am]
Billing Code: 3510-DS-S