[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22211-22212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08787]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-805]


Silicomanganese From Ukraine: Notice of Rescission of Antidumping 
Duty Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0665, and (202) 
482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 3, 2015, the Department of Commerce (the Department) 
published in the Federal Register a notice of ``Opportunity to Request 
Administrative Review'' of the antidumping duty order on 
silicomanganese from Ukraine for the period of review (POR), August 1, 
2014, through July 31, 2015.\1\ On September 3, 2015, we received an 
untimely-filed request \2\ for an administrative review from two 
Ukrainian producers and/or exporters of silicomanganese, JSC Zaporizhya 
Ferroalloy Plant (ZFP) and JSC Nikopol Ferroalloy Plant (NFP), 
requesting an administrative review of exports of subject merchandise 
for the period of September 1, 2014, through August 31, 2015. On 
September 21, 2015, we received comments from a domestic interested 
party, Eramet Marietta, Inc. (Eramet), objecting to initiation and 
placing on the record certain import statistics stating that there were 
no entries of subject merchandise from Ukraine during the period of 
review.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 80 FR 45952 (August 3, 2015) (August 2015 Opportunity 
Notice).
    \2\ The Ukrainian producers' September 3, 2015, request for an 
administrative review was untimely under 19 CFR 351.213(b) and 19 
CFR 351.302(d) because we did not receive it during the anniversary 
month of August 2015, as required by the regulations and specified 
in the August 2015 Opportunity Notice.
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    On October 6, 2015, the Department initiated the administrative 
review of the antidumping duty order on silicomanganese from Ukraine 
with respect to ZFP and NFP for the POR, August 1, 2014, through July 
31, 2015,\3\ notwithstanding the untimely nature of the Ukrainian 
producers' request for review.
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 60356 (October 6, 2015).
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    In accordance with our practice, we requested information from U.S. 
Customs and Border Protection (CBP) concerning imports of subject 
merchandise from these companies during the POR. We received the 
requested CBP information, which showed that neither ZFP nor NFP had 
suspended entries of subject merchandise during the POR. On October 6, 
2015, we documented this finding and invited comments from interested 
parties regarding this CBP query result.\4\
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    \4\ See Memorandum to the File, ``Silicomanganese from Ukraine--
U.S. Customs and Border Protection (CBP) Data'' dated October 6, 
2015.
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    On October 19, 2015, we received comments from domestic interested 
parties, Eramet and Felman Production, LLC (collectively, U.S. 
producers). On October 20, 2015, we received comments from ZFP and NFP 
(Ukrainian producers). ZFP's and NFP's October 20, 2015, submission 
contained documentation establishing that both companies made both a 
sale and an entry of subject merchandise in August 2015.
    Because there is no evidence that there were entries of subject 
merchandise into the United States from Ukraine during the POR, on 
November 17, 2015, the Department placed a memorandum on the record 
notifying interested parties of its intent to rescind the 2014-2015 
administrative review of silicomanganese from Ukraine, and invited 
comments.\5\ In its November 17, 2015, memorandum, the Department 
rejected the Ukrainian producers' arguments that the Department 
provided defective or inadequate notice concerning the correct 
anniversary month of the antidumping duty order on silicomanganese from 
Ukraine, and found no basis to alter the POR to capture the Ukrainian 
producers' entries

[[Page 22212]]

of subject merchandise made after the POR.\6\
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    \5\ See Memorandum to James Maeder, Senior Director for AD/CVD 
Operations, Office I, ``2014-2015 Antidumping Duty Administrative 
Review of Silicomanganese from Ukraine; Intent to Rescind 
Administrative Review'' dated November 17, 2015.
    \6\ Id.
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    On November 24, 2015, we received comments from ZFP and NFP. On 
November 30, 2015, we received rebuttal comments from U.S. producers.

Rescission of Review

    It is the Department's practice to rescind an administrative review 
pursuant to 19 CFR 351.213(d)(3) when there are no suspended entries of 
subject merchandise during the POR from the country in question.\7\ At 
the end of an administrative review, all suspended entries during the 
POR for the parties under review are liquidated at the assessment rate 
computed in the final results of review.\8\ Therefore, since the 
purpose of an administrative review is to assess antidumping duties, 
there must be a suspended AD/CVD entry to be liquidated at the newly 
calculated assessment rate. As discussed in the Decision Memorandum 
accompanying this notice,\9\ we find that, because there were no 
entries of subject merchandise during the POR from Ukraine, we are 
rescinding the 2014-2015 administrative review of the antidumping duty 
order on silicomanganese from Ukraine, pursuant to 19 CFR 
351.213(d)(3).
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    \7\ See, e.g., Certain Frozen Warmwater Shrimp From Brazil: 
Notice of Rescission of Antidumping Duty Administrative Review, 77 
FR 32498 (June 1, 2012).
    \8\ See 19 CFR 351.212(b)(l).
    \9\ See Memorandum to James Maeder, Senior Director for AD/CVD 
Operations, Office I, ``2014-2015 Antidumping Duty Administrative 
Review of Silicomanganese from Ukraine; Rescission of Administrative 
Review'' dated concurrently with this notice (Decision Memorandum).
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Analysis of Comments Received

    All issues raised by parties in this administrative review are 
addressed in the accompanying Decision Memorandum, which is adopted by 
this notice. The Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Decision Memorandum are identical in content.
    This notice is published in accordance with section 751 of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: April 7, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-08787 Filed 4-14-16; 8:45 am]
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