[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7811-7813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3135]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China: Amended Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 19, 2011, the Department of Commerce 
(``Department'') published the final results of the antidumping duty 
administrative review of silicon metal from the People's Republic of 
China (``PRC''). See Silicon Metal From the People's Republic of China: 
Final Results and Partial Rescission of the 2008-2009 Administrative 
Review of the Antidumping Duty Order, 76 FR 3084 (January 19, 2011) 
(``Final Results''). The period of review is June 1, 2008, through May 
31, 2009. We are amending our Final Results to correct ministerial 
errors made in the calculation of the antidumping duty margin for 
Shanghai Jinneng International Trade Co., Ltd. (``Shanghai Jinneng'') 
pursuant to section

[[Page 7812]]

751(h) of the Tariff Act of 1930, as amended (``the Act'').


DATES: Effective Date: February 11, 2011.

FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos or Andrew 
Medley, AD/CVD Operations, Office 8, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-2623 and (202) 482-4987, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 21, 2011, Globe Metallurgical Inc. (``Globe''), 
Petitioner, submitted ministerial error allegations with respect to the 
Final Results of the June 1, 2008, through May 31, 2009, administrative 
review. On January 26, 2011, Shanghai Jinneng submitted a letter 
alleging that Globe's submission was not timely filed and should be 
rejected; it also claimed it was prejudiced by accepting Globe's 
ministerial allegations. On January 31, 2011, Globe submitted a 
response to Shanghai Jinneng's letter.
    In accordance with 19 CFR 351.224(b), on January 14, 2011, the 
Department notified both parties of the availability of disclosure 
documents for pickup from the Administrative Protective Orders 
(``APO'') office. See Shanghai Jinneng's letter dated January 26, 2011, 
at Exhibit 1. According to APO office records, Mayer Brown, counsel to 
Shanghai Jinneng, received the disclosure documents on Friday, January 
14, 2011. APO records indicate that DLA Piper, counsel to Globe, 
received disclosure documents on Tuesday, January 18, 2011, the next 
business day, because Monday, January 17, 2011, was a Federal holiday. 
See Memorandum to the file titled ``Disclosure of Documents for Final 
Results'' dated January 28, 2011.
    The Department's regulations at 19 CFR 351.224(c)(ii) state that a 
party to the proceeding must file comments concerning ministerial 
errors within five days after the date on which the Secretary released 
disclosure documents to that party. Because the Secretary released the 
disclosure documents on January 14, 2011, ministerial error allegations 
were due on January 19, 2011. However, 19 CFR 351.302(b) provides that, 
unless expressly precluded by statute, the Secretary may, for good 
cause, extend any time limit established by this part.
    We have determined that good cause exists for extending the 
deadline set forth in 19 CFR 351.224(c) and accepting Globe's 
ministerial error allegations, which were filed on January 21, 2011. In 
its January 31, 2011 letter, counsel for Globe states that it was not 
able to receive the documents on the day of release because it did not 
have a messenger available who was authorized to handle APO documents, 
and was informed by a Department official on Tuesday, January 18, 2011, 
that the five-day period for submitting ministerial error allegations 
began on January 18, 2011. While the Department finds that because it 
informed Globe that the five-day period began on January 18, 2011, 
rather than January 14, 2011, it should have informed Shanghai Jinneng 
that the deadline had been extended, we disagree with Shanghai Jinneng 
that it has been prejudiced. Shanghai Jinneng neither submitted 
ministerial error allegations nor requested that the January 19, 2011, 
deadline be extended so that it could file allegations after this 
deadline. In addition, Shanghai Jinneng was able to respond to Globe's 
allegations, and did comment on its submission on January 26, 2011. For 
these reasons, the Department has determined that good cause exists to 
extend the deadline and has accepted Globe's ministerial error 
allegations.

Ministerial Errors

    A ministerial error as defined in section 751(h) of the Act 
includes ``errors in addition, subtraction, or other arithmetic 
function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the administering authority considers ministerial.'' See also 19 
CFR 351.224(f).
    After analyzing Globe's comments, we have determined, in accordance 
with 19 CFR 351.224(e), that ministerial errors existed in certain 
calculations in the Final Results. Correction of these errors results 
in a change to Shanghai Jinneng's final antidumping duty margin. For a 
detailed discussion of these ministerial errors, as well as the 
Department's analysis, see Final Results of the 2008-2009 
Administrative Review of the Antidumping Duty Order for Silicon Metal 
from the People's Republic of China: Allegation of Ministerial Errors, 
dated concurrently with this notice (``Ministerial Error Memo''). The 
Ministerial Error Memo is on file in the Central Records Unit, room 
7046 in the main Department building.
    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of the administrative 
review of silicon metal from the PRC. Listed below is the revised 
weighted-average dumping margin resulting from these amended final 
results:

------------------------------------------------------------------------
                                                     Original   Amended
                     Exporter                         final      final
                                                      margin     margin
------------------------------------------------------------------------
Shanghai Jinneng International Trade Co., Ltd.....      3.14%      3.30%
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed for these amended final 
results within five days of the date of publication of this notice to 
interested parties in accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (``Act''), and 19 CFR 351.212(b), the Department will 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. For 
assessment purposes, we calculated importer (or customer)-specific 
assessment rates for merchandise subject to this review. Where 
appropriate, we calculated an ad valorem rate for each importer (or 
customer) by dividing the total dumping margins for reviewed sales to 
that party by the total entered values associated with those 
transactions. For duty-assessment rates calculated on this basis, we 
will direct CBP to assess the resulting ad valorem rate against the 
entered customs values for the subject merchandise. Where appropriate, 
we calculated a per-unit rate for each importer (or customer) by 
dividing the total dumping margins for reviewed sales to that party by 
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct

[[Page 7813]]

CBP to assess the resulting per-unit rate against the entered quantity 
of the subject merchandise. Where an importer (or customer)-specific 
assessment rate is de minimis (i.e., less than 0.50 percent), the 
Department will instruct CBP to assess that importer (or customer's) 
entries of subject merchandise without regard to antidumping duties, in 
accordance with 19 CFR 351.106(c)(2). The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the amended final results of these reviews.

Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively on any entries made on or after January 19, 2011, the 
date of publication of the Final Results, for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided for by 
section 751(a)(2)(C) of the Act: (1) For Shanghai Jinneng, the cash 
deposit rate will be the amended final margin rate shown above in the 
``Ministerial Errors'' section of this notice; (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) for 
all PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 139.49 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporters that 
supplied that non-PRC exporter. These deposit requirements shall remain 
in effect until further notice.
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: February 7, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-3135 Filed 2-10-11; 8:45 am]
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