[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Notices]
[Pages 9034-9035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02822]



[[Page 9034]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-823; A-834-807; A-307-820]


Silicomanganese From India, Kazakhstan, and Venezuela: Final 
Results of the Expedited Second Sunset Reviews of the Antidumping Duty 
Orders

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


DATES: Effective Date: February 7, 2013.
SUMMARY: On October 1, 2012, the Department of Commerce 
(``Department'') initiated the second sunset reviews of the antidumping 
duty orders on silicomanganese from India, Kazakhstan, and Venezuela. 
The Department finds that revocation of these antidumping duty orders 
would be likely to lead to continuation or recurrence of dumping at the 
rates identified in the ``Final Results of Reviews'' section of this 
notice.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
6, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone (202) 482-3964.

SUPPLEMENTARY INFORMATION: 

Background

    The antidumping duty orders on silicomanganese from India, 
Kazakhstan, and Venezuela were published on May 23, 2002. See Notice of 
Amended Final Determination of Sales at Less than Fair Value and 
Antidumping Duty Orders: Silicomanganese from India, Kazakhstan, and 
Venezuela, 67 FR 36149 (May 23, 2002).
    On October 1, 2012, the Department initiated the second sunset 
reviews of these orders, pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (``the Act''). See Initiation of Five-Year 
(``Sunset'') Review, 77 FR 59897 (October 1, 2012) (``notice of 
initiation''). The Department received a notice of intent to 
participate from the following domestic parties: Eramet Marietta, Inc. 
and Felman Production, LLC (collectively, ``domestic interested 
parties''), within the deadline specified in 19 CFR 351.218(d)(1)(i). 
Each of these companies is a manufacturer of a domestic-like product in 
the United States and, accordingly, is a domestic interested party 
pursuant to section 771(9)(C) of the Act.
    On October 31, 2012, the Department received adequate substantive 
responses to the notice of initiation from the domestic interested 
parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). In the sunset review of the antidumping order on 
silicomanganese from India, we received one response from a respondent 
interested party, Nava Bharat Ventures Limited (``Nava Bharat'') \1\ on 
November 7, 2012, and found that Nava Bharat provided an inadequate 
response because it did not export subject merchandise to the United 
States over the five calendar years preceding the initiation of this 
review.\2\ The Department received no responses from other respondent 
interested parties. On the basis of notices of intent to participate 
and adequate substantive responses filed on behalf of domestic 
interested parties, and the inadequate response from the only 
respondent interested party to have filed a submission, Nava Bharat, 
the Department has conducted expedited sunset reviews of these orders 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C). As a result of these sunset reviews, the 
Department finds that revocation of the antidumping duty orders is 
likely to lead to continuation or recurrence of dumping at the rates 
indicated in the ``Final Results of Reviews'' section of this notice.
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    \1\ On October 19, 2012, Nava Bharat requested an extension of 
time to file its substantive response. The Department granted an 
extension until November 7, 2012.
    \2\ See Memorandum from Sunset Team to Barbara E. Tillman, 
Director, Office of AD/CVD Operations 6 regarding ``Sunset Review of 
the Antidumping Duty Order on Silicomanganese from India: Adequacy 
Determination,'' dated November 23, 2012.
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Scope of the Orders

    For purposes of these orders, the products covered are all forms, 
sizes and compositions of silicomanganese, except low-carbon 
silicomanganese, including silicomanganese briquettes, fines and slag. 
Silicomanganese is a ferroalloy composed principally of manganese, 
silicon and iron, and normally contains much smaller proportions of 
minor elements, such as carbon, phosphorous and sulfur. Silicomanganese 
is sometimes referred to as ferrosilicon manganese. Silicomanganese is 
used primarily in steel production as a source of both silicon and 
manganese. 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. Silicomanganese is 
properly classifiable under subheading 7202.30.0000 of the Harmonized 
Tariff Schedule of the United States (``HTSUS''). Some silicomanganese 
may also be classified under HTSUS subheading 7202.99.5040.
    The low-carbon silicomanganese excluded from this scope is a 
ferroalloy with the following chemical specifications: Minimum 55 
percent manganese, minimum 27 percent silicon, minimum 4 percent iron, 
maximum 0.10 percent phosphorus, maximum 0.10 percent carbon and 
maximum 0.05 percent sulfur. Low-carbon silicomanganese is used in the 
manufacture of stainless steel and special carbon steel grades, such as 
motor lamination grade steel, requiring a very low carbon content. It 
is sometimes referred to as ferromanganese-silicon. Low-carbon 
silicomanganese is classifiable under HTSUS subheading 7202.99.5040.
    This scope covers all silicomanganese, regardless of its tariff 
classification. Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
remains dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, dated January 31, 2013, which is hereby adopted by this 
notice. The issues discussed in the Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins of dumping likely to prevail if the orders were revoked. 
Parties can find a complete discussion of all issues raised in these 
reviews and the corresponding recommendations in this public 
memorandum, which is on file electronically via Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS''). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and is available to all parties in the 
Central Records Unit in room 7046 of the main Commerce building. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Internet at http://ia.ita.doc.gov/frn/. The signed 
Decision Memorandum and electronic versions of the Decision Memorandum 
are identical in content.

[[Page 9035]]

Final Results of Reviews

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the antidumping duty orders on silicomanganese from 
India, Kazakhstan, and Venezuela would be likely to lead to 
continuation or recurrence of dumping, and that the magnitude of the 
margins of dumping likely to prevail if the order were revoked are as 
follows:

------------------------------------------------------------------------
                   Exporters/producers                    Rate (percent)
------------------------------------------------------------------------
India
    Nava Bharat Ventures, Ltd...........................           15.32
    Universal Ferro and Allied Chemicals, Ltd...........           20.53
    All Others Rate.....................................           17.74
Kazakhstan
    Alloy 2000, S.A.....................................          247.88
    Kazakhstan-Wide Rate................................          247.88
Venezuela
    Hornos El[eacute]ctricos de Venezuela, S.A..........           24.62
    All Others Rate.....................................           24.62
------------------------------------------------------------------------

    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 final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.


     Dated: January 31, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-02822 Filed 2-6-13; 8:45 am]
BILLING CODE 3510-DS-P