[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Notices]
[Pages 42393-42395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14947]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-823, A-834-807, A-307-820]


Silicomanganese from India, Kazakhstan, and Venezuela: Final 
Results of Expedited Five-year (``Sunset'') Reviews of the Antidumping 
Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 2, 2007, the Department of Commerce (``the 
Department'') published in the Federal Register the notice of 
initiation of the first five-year sunset reviews of the antidumping 
duty orders on silicomanganese from India, Kazakhstan, and Venezuela, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). See Initiation of Five-year (``Sunset'') Reviews, 72 FR 15652 
(April 2, 2007) (``Notice of Initiation''). On the basis of notices of 
intent to participate and adequate substantive responses filed on 
behalf of domestic interested parties, and inadequate responses from 
respondent interested parties, the Department has conducted expedited 
sunset reviews of these orders pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(1)(ii)(C). As a result of these sunset 
reviews, the Department finds that revocation of the antidumping duty 
orders is likely to lead to continuation or recurrence of dumping at 
the levels indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: August 2, 2007.

FOR FURTHER INFORMATION CONTACT: Martha Douthit or Dara Iserson, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC. 20230; telephone: (202) 482-
5050, or (202) 482-4052, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The antidumping duty orders on silicomanganese from India, 
Kazakhstan, and Venezuela were published in the Federal Register on May 
23, 2002. See Notice of Amended

[[Page 42394]]

Final Determination of Sales at Less than Fair Value and Antidumping 
Duty Orders: Silicomanganese from India, Kazakhstan, and Venezuela, 67 
FR 36149 (May 23, 2002). On April 2, 2007, the Department initiated the 
first sunset reviews of the antidumping duty orders on silicomanganese 
from India, Kazakhstan, and Venezuela, pursuant to section 751(c) of 
the Act. See Notice of Initiation. The Department received notices of 
intent to participate from Felman Producation Inc. (``Felman''), Eramet 
Marietta Inc. (``Eramet'') (collectively ``domestic interested 
parties''), within the deadline specified in 19 CFR 351.218(d)(1)(i). 
Domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act as producers of the subject merchandise.
    On May 1 and May 2, 2007, the Department received substantive 
responses from domestic interested parties Felman and Eramet, 
respectively, within the deadline specified in 19 CFR 351.218(d)(3)(i). 
On May 8, 2007, the Department received a timely substantive response 
from Nava Bharat Ventures Limited (``Nava Bharat''), a respondent 
interested party from India.\1\ Nava Bharat claimed interested party 
status under section 771(9)(A) of the Act as a producer/exporter of 
subject merchandise. On May 22, 2007, the Department determined that 
Nava Bharat did not provide an adequate response to the Notice of 
Initiation in accordance with 19 CFR 351.218(e)(1)(ii)(A) because its 
shipments accounted for less than 50 percent of exports of subject 
merchandise to the United States over the five calendar years preceding 
the initiation of this review. Pursuant to 19 CFR 
351.218(e)(1)(ii)(C)(1), on the same day, the Department notified the 
International Trade Commission (``ITC'') of its adequacy determination. 
See Memorandum to Barbara E. Tillman from the Sunset Team, Sunset 
Review of the Antidumping Duty Order on Silicomanganese from India: 
Adequacy Determination, dated May 22, 2007. The Department, therefore, 
has conducted expedited sunset reviews of the antidumping duty orders 
pursuant to section 751(c)(3)(B) of the Act.
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    \1\ Nava Bharat received an extension to May 8, 2007, to submit 
its substantive response.
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Scope of the Orders

    For purposes of these orders, the products covered are all forms, 
sizes and compositions of silicomanganese, except low-carbon 
silicomanganese, including silicomanganese briquettes, fines and slag. 
Silicomanganese is a ferroalloy composed principally of manganese, 
silicon and iron, and normally contains much smaller proportions of 
minor elements, such as carbon, phosphorous and sulfur. Silicomanganese 
is sometimes referred to as ferrosilicon manganese. Silicomanganese is 
used primarily in steel production as a source of both silicon and 
manganese. 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. Silicomanganese is 
properly classifiable under subheading 7202.30.0000 of the Harmonized 
Tariff Schedule of the United States (HTSUS). Some silicomanganese may 
also be classified under HTSUS subheading 7202.99.5040.
    The low-carbon silicomanganese excluded from this scope is a ferro 
alloy with the following chemical specifications: minimum 55 percent 
manganese, minimum 27 percent silicon, minimum 4 percent iron, maximum 
0.10 percent phosphorus, maximum 0.10 percent carbon and maximum 0.05 
percent sulfur. Low-carbon silicomanganese is used in the manufacture 
of stainless steel and special carbon steel grades, such as motor 
lamination grade steel, requiring a very low carbon content. It is 
sometimes referred to as ferromanganese-silicon. Low-carbon 
silicomanganese is classifiable under HTSUS subheading 7202.99.5040. 
This scope covers all silicomanganese, regardless of its tariff 
classification. Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
remains dispositive.

Analysis of Comments Received

    All issues raised in the substantive responses by parties to these 
sunset reviews are addressed in the Issues and Decision Memorandum for 
the Expedited Sunset Reviews of the Antidumping Duty Orders of 
Silicomanganese from India, Kazakhstan, and Venezuela; Final Results 
from Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, dated concurrently with this notice (``Decision 
Memo''), which is hereby adopted in this notice. The issues discussed 
in the Decision Memo include the likelihood of continuation or 
recurrence of dumping and the rate 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 recommendation in this 
public memorandum which is on file in B-099, the Central Records Unit, 
of the main Commerce building. In addition, a complete version of the 
Decision Memo can be accessed directly on the Department's Web page at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Reviews

    The Department determines that revocation of the antidumping duty 
orders on silicomanganese from India, Kazakhstan, and Venezuela would 
be likely to lead to continuation or recurrence of dumping at the 
following duty rates:

------------------------------------------------------------------------
                                                            Weighted-
           Manufacturers/Exporters/Producers              Average Margin
                                                            (percent)
------------------------------------------------------------------------
India..................................................
Nava Bharat............................................          15.32
Universal Ferro and Allied Chemicals, Ltd..............          20.53
All Others Rate........................................          17.74
Kazakhstan.............................................
Alloy 2000, S.A........................................         247.88
Kazakhstan-Wide Rate...................................         247.88
Venezuela..............................................
Hornos El[eacute]ctricos de Venezuela, S.A.............  ...............
All Others Rate........................................          24.62
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International Trade Commission (ITC) Notification

    In accordance with section 752(c)(3) of the Act, we will notify the 
ITC of the final results of this expedited sunset review.

Notification Regarding Administrative Protective Order

    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 orders 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 this determination and notice in 
accordance with sections 751(c), 752, and 777(i) of the Act.


[[Page 42395]]


    Dated: July 25, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-14947 Filed 8-1-07; 8:45 am]
BILLING CODE 3510-DS-S