[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Pages 76636-76637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21849]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-806)


Silicon Metal from the People's Republic of China: Continuation 
of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty order on silicon 
metal from the People's Republic of China (``PRC'') would likely lead 
to continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing this notice 
of continuation of the antidumping duty order.

EFFECTIVE DATE: December 21, 2006.

FOR FURTHER INFORMATION CONTACT: FOR INFORMATION CONTACT: Michael 
Quigley or Juanita Chen, AD/CVD Operations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: 
(202) 482-4047 or (202) 482-1904.

SUPPLEMENTARY INFORMATION:

Background

    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 Tariff Act of 1930, as amended 
(``Act''). See Initiation of Five-year (``Sunset'') Reviews, 71 FR 91 
(January 3, 2006). As a result of its review, the Department found that 
revocation of the antidumping duty orders would likely lead to 
continuation or recurrence of dumping, and notified the ITC of the 
magnitude of margins likely to prevail were the orders 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 November 15, 2006, the ITC determined, pursuant 
to section 751(c) of the Act, that revocation of the antidumping duty 
order on silicon metal from the PRC would likely lead to continuation 
or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time, but that revoking the existing 
antidumping duty order on silicon metal from Brazil would not. See 
Silicon Metal From Brazil and China, 71 FR 71554 (December 11, 2006); 
see also Silicon Metal From Brazil and China, (Investigations Nos. 731-
TA-471 and 472 (Second Review)), Publication 3892 (December 2006).

Scope of the PRC Order

    The merchandise covered by this order is silicon metal containing 
at least 96.00 but less than 99.99 percent of silicon by weight. All of 
the foregoing are constructed of steel and are enameled or glazed with 
vitreous glasses. The merchandise is currently classifiable 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. HTSUS items numbers are provided for 
convenience and customs purposes. The written description of the scope 
remains dispositive.
    In response to a request from petitioners, on February 3, 1993, the 
Department clarified that silicon metal, with a high aluminum content 
and a silicon content of at least 89.00 percent but less than 99.99 
percent, is within the scope of the order. See Notice of Scope Rulings, 
58 FR 27542 (May 10, 1993).

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty

[[Page 76637]]

order on silicon metal from the PRC would likely lead to continuation 
or recurrence of dumping and material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, the Department 
hereby orders the continuation of the antidumping duty order on silicon 
metal from the PRC. U.S. Customs and Border Protection will continue to 
collect antidumping duty cash deposits at the rates in effect at the 
time of entry for all imports of subject merchandise.
    The effective date of continuation of this order will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to section 751(c)(2) of the Act, the Department intends to 
initiate the next five-year review of this order not later than 
November 2011.
    This five-year (sunset) review and notice are in accordance with 
section 751(c) of the Act 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. E6-21849 Filed 12-20-06; 8:45 am]
Billing Code: 3510-DS-S