[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10477-10478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4127]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China: Final Results 
of the Expedited Third Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 1, 2011, the Department of Commerce (``the 
Department'') initiated the third sunset review of the antidumping duty 
order on silicon metal from the People's Republic of China (``PRC'') 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). Based on the notice of intent to participate and adequate 
substantive response filed by the domestic interested party, and the 
lack of response from any respondent interested party, the Department 
conducted an expedited (120-day) sunset review of the antidumping duty 
order on silicon metal from the PRC, pursuant to section 751(c)(3)(B) 
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this 
sunset review, the Department finds that revocation of the antidumping 
duty order would be likely to lead to continuation or recurrence of 
dumping, at the levels indicated in the ``Final Results of Sunset 
Review'' section of this notice, infra.

DATES: Effective Date: February 22, 2012.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor or Howard Smith, AD/
CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0989 or (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION: On June 10, 1991, the Department published 
the antidumping duty order on silicon metal from the PRC.\1\ On 
November 1, 2011, the Department published the notice of initiation of 
the third sunset review of the antidumping duty order on silicon metal 
from the PRC, pursuant to section 751(c) of the Act.\2\ On November 16, 
2011, pursuant to 19 CFR 351.218(d)(1), the Department received a 
timely and complete notice of intent to participate in the sunset 
review from Globe Metallurgical, Inc., a domestic producer of silicon 
metal (``Globe''). On December 1, 2011, pursuant to 19 CFR 
351.218(d)(3), Globe filed a timely and adequate substantive response. 
The Department did not receive substantive responses from any 
respondent interested party. 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 an expedited (120-day) sunset review of the 
antidumping duty order on silicon metal from the PRC.
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    \1\ See Antidumping Duty Order: Silicon Metal From the People's 
Republic of China, 56 FR 26649 (June 10, 1991).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 67412 
(November 1, 2011).
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Scope of the Order

    Imports covered by this review are shipments of silicon metal 
containing at least 96.00 but less than 99.99 percent of silicon by 
weight. Also covered by this review is silicon metal from the PRC 
containing between 89.00 and 96.00 percent silicon by weight but which 
contains a higher aluminum content than the silicon metal containing at 
least 96.00 percent but less than 99.99 percent silicon by weight. 
Silicon metal is currently provided for under subheadings 2804.69.10 
and 2804.69.50 of the Harmonized Tariff Schedule (``HTS'') as a 
chemical product, but is commonly referred to as a metal. 
Semiconductor-grade silicon (silicon metal containing by weight not 
less than 99.99 percent of silicon and provided for in subheading 
2804.61.00 of the HTS) is not subject to this review. Although the HTS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review is 
provided in the accompanying Issues and Decision Memorandum, which is 
hereby adopted by this notice. See ``Issues and Decision Memorandum for 
the Expedited Third Sunset Review of the Antidumping Duty Order on 
Silicon Metal from the People's Republic of China,'' from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, dated concurrently with this notice (``I&D 
Memorandum''). The issues discussed in the I&D Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the order is revoked. The I&D 
Memorandum is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is

[[Page 10478]]

available in the Central Records Unit (``CRU''), room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
I&D Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed I&D Memorandum and the electronic 
versions of the I&D Memorandum are identical in content.

Final Results of Sunset Review

    The Department determines that revocation of the antidumping duty 
order on silicon metal from the PRC would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
margins:

------------------------------------------------------------------------
                                                              Weighted-
                                                               Average
                         Exporters                             margin
                                                              (percent)
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PRC-Wide Rate.............................................       139.49
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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 
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 the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: February 15, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-4127 Filed 2-21-12; 8:45 am]
BILLING CODE 3510-DS-P