[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73587-73589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30767]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-824, A-570-828, A-823-805]


Silicomanganese From Brazil, the People's Republic of China, and 
Ukraine: Final Results of the Expedited Third Sunset Reviews of the 
Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 1, 2011, the Department of Commerce (``Department'') 
initiated the third sunset reviews of the antidumping duty orders on 
silicomanganese from Brazil,

[[Page 73588]]

the People's Republic of China (``PRC''), and Ukraine \1\ pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``Act''). The 
Department received a notice of intent to participate in all three 
reviews from the domestic interested party, Eramet Marietta, Inc. 
(``Eramet''), within the time specified in 19 CFR 351.218(d)(1)(i).\2\ 
On August 31, 2011, the Department received substantive responses from 
Eramet. Based on the receipt of the substantive responses filed by the 
domestic interested party within the 30-day deadline as specified by 19 
CFR 351.218(d)(3)(i) and the lack of response from any respondent 
interested party, the Department conducted expedited sunset reviews of 
the antidumping duty orders pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset 
reviews, the Department finds that revocation of the antidumping duty 
orders would likely lead to continuation or recurrence of dumping, at 
the levels indicated in the ``Final Results of Sunset Reviews'' section 
of this notice.
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    \1\ See Notice of Antidumping Duty Order: Silicomanganese From 
Brazil, 59 FR 66003 (December 22, 1994), Notice of Antidumping Duty 
Order: Silicomanganese From the People's Republic of China (PRC), 59 
FR 66003 (December 22, 1994), and Suspension Agreement on 
Silicomanganese From Ukraine; Termination of Suspension Agreement 
and Notice of Antidumping Duty Order, 66 FR 43838 (August 21, 2001).
    \2\ On August 19, 2011, the Department received a notice of 
intent to participate from Felman Production Inc. (``Felman''), a 
producer of the domestic like product. On August 22, 2011, Felman 
requested an extension of the deadline to submit its notice of 
intent to participate, as the deadline for domestic interested 
parties to submit notices of intent to participate in the sunset 
reviews was August 16, 2011, pursuant to 19 CFR 351.218(d)(l)(i) 
(``the deadline for filing a `Notice of Intent' to participate by 
domestic interested parties in a sunset review is `no later than 15 
days after the date of publication of the initiation notice.' ''). 
In light of the compressed timelines for conducting the sunset 
review under section 751(c) of the Act, and 19 CFR 351.218(d), the 
Department denied Felman's request for an extension.

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DATES: Effective Date: November 29, 2011.

FOR FURTHER INFORMATION CONTACT: Erin Begnal; AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; 
telephone: (202) 482-1442.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2011, the Department initiated sunset reviews of the 
orders on silicomanganese from Brazil, the PRC, and Ukraine pursuant to 
section 751(c) of the Act. See Initiation of Five-year (``Sunset'') 
Review, 76 FR 45778 (August 1, 2011). On August 31, 2011, the 
Department received substantive responses from Eramet, pursuant to 19 
CFR 351.218(d)(3)(i). In accordance with 19 CFR 351.218(d)(1)(ii)(A), 
Eramet claimed interested party status under section 771(9)(C) of the 
Act as a producer of the domestic like product. In its substantive 
responses, Eramet indicated that Elkem Metals Company (``Elkem'') was 
the petitioner in the original investigation but that since Eramet 
purchased Elkem's silicomanganese operations in 1999, it has 
participated actively in all administrative reviews and sunset reviews. 
The Department did not receive a substantive response from any 
respondent interested party in these sunset reviews. As a result, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset 
reviews of the antidumping duty orders.

Scope of the Orders

    The merchandise covered by the orders is silicomanganese. 
Silicomanganese, which is sometimes called ferrosilicon manganese, is a 
ferroalloy composed principally of manganese, silicon and iron, and 
normally contains much smaller proportions of minor elements, such as 
carbon, phosphorus, and sulfur. 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. 
All compositions, forms, and sizes of silicomanganese are included 
within the scope of the order, including silicomanganese slag, fines, 
and briquettes. Silicomanganese is used primarily in steel production 
as a source of both silicon and manganese.
    Silicomanganese is currently classifiable under subheading 
7202.30.0000 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Some silicomanganese may also currently be classifiable 
under HTSUS subheading 7202.99.5040. The orders cover all 
silicomanganese, regardless of its tariff classification. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the orders remain dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews 
is addressed in the accompanying Issues and Decision Memorandum (``I&D 
Memo''), which is hereby adopted by this notice. See the Department's 
memorandum entitled, ``Issues and Decision Memorandum for the Final 
Results in the Expedited Sunset Review of the Antidumping Duty Order on 
Silicomanganese from Brazil, the People's Republic of China, and 
Ukraine'' concurrently dated with this notice. The issues discussed in 
the accompanying I&D Memo include the likelihood of continuation or 
recurrence of dumping and the magnitude of the dumping margins likely 
to prevail if the antidumping orders were revoked. Parties can find a 
complete discussion of all issues raised in this full sunset review and 
the corresponding recommendation in this public memorandum which is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Services System (``IA 
ACCESS''). Access to IA ACCESS is available in the Central Records Unit 
room 7046 of the main Commerce building. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the Web 
at http://ia.ita.doc.gov/frn. The signed Decision Memorandum and the 
electronic versions of the Decision Memorandum are identical in 
content.

Final Results of Sunset Reviews

    The Department determines that revocation of the antidumping duty 
orders on silicomanganese from Brazil, the PRC, and Ukraine would 
likely lead to continuation or recurrence of dumping. The Department 
also determines that the dumping margins likely to prevail if the 
orders were revoked are as follows:

        Manufacturers/Exporters/Producers Weighted-Average Margin
                                [Percent]
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Brazil
    RDM/CPFL............................................           64.93
    All Others..........................................           17.60
The PRC
    All Manufacturers/Producers/Exporters...............          150.00
Ukraine
    All Manufacturers/Producers/Exporters...............          163.00
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Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``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

[[Page 73589]]

conversion to judicial protective order 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 these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: November 22, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-30767 Filed 11-28-11; 8:45 am]
BILLING CODE 3510-DS-P