[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Notices]
[Pages 15412-15413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6896]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China: Notice of 
Amended Final Results of New Shipper Reviews Pursuant to Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: March 29, 2010.

SUMMARY: On May 5, 2009, the Court of International Trade (``CIT'') 
affirmed the Department's remand determination issued pursuant to the 
Court's remand order in Globe Metallurgical, Inc. v. United States, 
Court No. 07-00386, Slip Op. 08-105 (CIT October 1, 2008) (``Remand 
Order''), which concerned the Department of Commerce's (``the 
Department'') determination of the appropriate surrogate value for 
silica fume in Silicon Metal From the People's Republic of China: 
Notice of Final Results of 2005/2006 New Shipper Reviews, 72 FR 58,641 
(October 16, 2007) (``Final Results'') and accompanying Issues and 
Decision Memorandum. See Globe Metallurgical, Inc. v. United States, 
Court No. 07-00386, Slip Op. 09-137 (CIT May 5, 2009) (``May 5th 
Order''). On February 23, 2010, the Court of Appeals for the Federal 
Circuit (``CAFC'') dismissed the appeal of Globe Metallurgical, Inc. v. 
United States, Court No. 2009-1436 (``Dismissal Order''). As explained 
below, in accordance with the CIT's May 5th Order and the CAFC's 
Dismissal Order, the Department is amending the Final Results of the 
new shipper reviews to apply the recalculated surrogate value for the 
by-product silica fume in the Department's normal value calculation.

FOR FURTHER INFORMATION CONTACT: Jerry Huang or Scot T. Fullerton, AD/
CVD Operations, Office 9, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Room 4017, 
Washington, DC 20230; telephone: (202) 482-4047 or (202) 482-1386, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This matter arose from a challenge to the Final Results issued by 
the Department on October 16, 2007, for the period of review of June 1, 
2005, through May 31, 2006. Following publication of the Final Results, 
Petitioner, Globe Metallurgical, Inc., and Respondents \1\ filed 
lawsuits with the CIT challenging several aspects of the Department's 
Final Results. The cases were subsequently consolidated. On October 1, 
2008, the CIT issued its opinion, in which it upheld the Final Results 
on all counts except for the surrogate value of silica fume. The CIT 
remanded the case to the Department to obtain better information for 
valuing silica fume or to use information on the record that relates 
specifically to the by-product silica fume. See Remand Order at 14.
---------------------------------------------------------------------------

    \1\ Respondents referenced here are (1) Jiangxi Gangyuan Silicon 
Industry Co., Ltd. (``Jiangxi Gangyuan''); and (2) Shanghai Jinneng 
International Trade Co., Ltd. (``Shanghai Jinneng'') and its 
affiliated producer Datong Jinneng Industrial Silicon Co., Ltd. 
(``Datong Jinneng'').
---------------------------------------------------------------------------

    On October 9, 2008, the Department reopened the administrative 
record to allow interested parties an opportunity to provide additional 
information for use in valuing silica fume. Petitioner and Respondents 
submitted comments on October 16, 2008, and rebuttal comments on 
October 24, 2008. On December 23, 2008, the Department released its 
draft remand results using a revised surrogate value for silica fume 
based on a subset of World Trade Atlas (``WTA'') Indian import 
statistics for silicon dioxide from silicon metal or ferrosilicon 
producing countries. On January 9, 2009, the Department received 
comments on the draft remand results from Petitioner. On January 14, 
2009, the Department received rebuttal comments from Respondents.
    On February 2, 2009, the Department submitted its final remand 
results to the CIT. See Final Results of Redetermination Pursuant to 
Court Remand, Court No. 07-00386 (Feb. 2, 2009). On May 5, 2009, the 
CIT issued its ruling and sustained the

[[Page 15413]]

Department's remand results. See May 5th Order at 2. The CIT found that 
the Department's new surrogate value for silica fume was more specific 
to silica fume, as required by the Remand Order, and was supported by 
substantial evidence.
    On July 1, 2009, Respondents filed an appeal with the CAFC. On 
February 23, 2010, the CAFC dismissed the case, pursuant to 
Respondents' withdrawal of their appeal.

Amendment to the Final Determination

    Because there is now a final and conclusive court decision, 
effective as of the publication date of this notice, we are amending 
the Final Results and revising the weighted average dumping margins for 
Jiangxi Gangyuan and Shanghai Jinneng:

                       Silicon Metal From the PRC
------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
------------------------------------------------------------------------
Jiangxi Gangyuan........................................          71.57%
Datong Jinneng/Shanghai Jinneng.........................           50.41
------------------------------------------------------------------------

    We have calculated Jiangxi Gangyuan and Shanghai Jinneng's company-
specific antidumping margin as 71.57% and 50.41%, respectively. See 
Memorandum to the File from Jerry Huang, ``Analysis Memorandum for the 
Final Results of the Redetermination of the Silica Fume By-Product 
Valuation, Remand for Antidumping Duty New Shipper Review of Silicon 
Metal From the People's Republic of China for Datong Jinneng Industrial 
Silicon Co., Inc./Shanghai Jinneng International Trade Co., Ltd.,'' and 
Memorandum to the File From Jerry Huang, ``Analysis Memorandum for the 
Final Results of the Redetermination of the Silica Fume By-Product 
Valuation, Remand for Antidumping Duty New Shipper Review of Silicon 
Metal From the People's Republic of China for Jiangxi Gangyuan Silicon 
Industry Co., Ltd.,'' both dated February 2, 2009. There have been no 
changes to this analysis for these amended final results. In accordance 
with the Department's practice of applying importer-specific assessment 
rates, we will instruct United States Customs and Border Protection 
(``CBP'') to apply the importer-specific assessment rate for Jiangxi 
Gangyuan and Shanghai Jinneng's exports to the United States. The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after the publication of the final results of 
this review.
    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.

    Dated: March 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-6896 Filed 3-26-10; 8:45 am]
BILLING CODE 3510-DS-P