[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Page 66956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27339]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Silicomanganese From the People's Republic of China and Ukraine: 
Continuation of Antidumping Duty Orders

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (``the Department'') that revocation of the antidumping duty 
(``AD'') orders on silicomanganese from the People's Republic of China 
(``PRC'') and Ukraine would likely lead to continuation or recurrence 
of dumping, and the determinations by the U.S. International Trade 
Commission (``the ITC'') that revocation of these AD orders would 
likely lead to a continuation or recurrence of material injury to an 
industry in the United States, the Department is publishing this notice 
of the continuation of these AD orders.

DATES: Effective November 8, 2012.

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

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2011, the Department initiated and the ITC instituted 
sunset reviews of the AD orders on silicomanganese from the PRC and 
Ukraine, pursuant to sections 751(c) and 752 of the Tariff Act of 1930, 
as amended (``the Act'').\1\ As a result of its reviews, the Department 
found that revocation of the AD orders would likely lead to 
continuation or recurrence of dumping and notified the ITC of the 
margins of dumping likely to prevail were the orders revoked.\2\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 45778 
(August 1, 2011) and Silicomanganese From Brazil, China, and Ukraine 
Institution of a Five-Year Review Concerning the Antidumping Duty 
Orders on Silicomanganese From Brazil, China, and Ukraine, 76 FR 
45856 (August 1, 2011).
    \2\ See Silicomanganese From Brazil, the People's Republic of 
China, and Ukraine: Final Results of the Expedited Third Sunset 
Reviews of the Antidumping Duty Orders, 76 FR 73587 (November 29, 
2011).
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    On October 31, 2012, the ITC published its determination, pursuant 
to section 751(c) of the Act, that revocation of the AD orders on 
silicomanganese from the PRC and Ukraine would be likely to lead to 
continuation or recurrence of material injury within a reasonably 
foreseeable time.\3\
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    \3\ See Silicomanganese From Brazil, China, and Ukraine, 77 FR 
65906 (October 31, 2012); see also Silicomanganese from Brazil, 
China, and Ukraine (Inv. Nos. 731-TA-671-673 (Third Review), USITC 
Publication 4354, October 2012). With regard to the AD order on 
silicomanganese from Brazil, the ITC determined that the revocation 
of that order would not be likely to lead to the continuation or 
recurrence of material injury to an industry in the United States.
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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.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of these AD orders would likely lead to continuation or 
recurrence of dumping and of material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, the Department 
hereby orders the continuation of the AD orders on silicomanganese from 
the PRC and Ukraine.
    U.S. Customs and Border Protection will continue to collect cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise. The effective date of the continuation of these 
orders is the date of publication in the Federal Register of this 
notice of continuation. Pursuant to section 751(c)(2) of the Act, the 
Department intends to initiate the next five-year review of these 
orders not later than 30 days prior to the fifth anniversary of the 
effective date of the continuations.
    These five-year (sunset) reviews and notice are in accordance with 
section 751(c) of the Act and published pursuant to sections 751(c) and 
777(i)(1) of the Act, as well as 19 CFR 351.218(f)(4).

    Dated: November 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-27339 Filed 11-7-12; 8:45 am]
BILLING CODE 3510-DS-P