[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Pages 37197-37198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16790]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-805]


Silicomanganese From Ukraine: Final Results of Antidumping Duty 
Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 9, 2017, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on silicomanganese from Ukraine. The period of 
review (POR) is August 1, 2015, through July 31, 2016. For the final 
results of this review, we continue to find, based on the application 
of adverse facts available, that subject merchandise has been sold in 
the United States at prices below normal value during the POR.

DATES: Applicable August 9, 2017.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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.

SUPPLEMENTARY INFORMATION:

Background

    On May 9, 2017, the Department published the Preliminary Results of 
the administrative review of the antidumping duty order on 
silicomanganese from Ukraine.\1\ The administrative review covers two 
exporters of the subject merchandise, PJSC Zaporozhye Ferroalloy Plant 
(ZFP), and PJSC Nikopol Ferroalloy Plant (NFP). The Department gave 
interested parties an opportunity to comment on the Preliminary 
Results. We received no comments.
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    \1\ See Silicomanganese From Ukraine: Preliminary Results of 
Antidumping Duty Administrative Review; 2015-2016, 82 FR 21521 (May 
9, 2017) (Preliminary Results).
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    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise covered by the antidumping duty order is 
silicomanganese. Silicomanganese, which is sometimes called 
ferrosilicon manganese, is a ferroalloy composed principally of 
manganese, silicon, and iron, and normally containing much smaller 
proportions of minor elements, such as carbon, phosphorous, and sulfur. 
Silicomanganese generally contains by weight not less than four percent 
iron, more than 30 percent manganese, more than eight percent silicon, 
and not more than three percent phosphorous. All compositions, forms 
and sizes of silicomanganese are included within the scope of this 
order, including silicomanganese slag, fines, and briquettes. 
Silicomanganese is used primarily in steel production as a source of 
both silicon and manganese. This order covers all silicomanganese, 
regardless of its tariff classification. Most 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 7202.99.8040. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.

Adverse Facts Available

    We continue to find that the application of adverse facts available 
(AFA) to the mandatory respondents, ZPF and NFP, is warranted in 
accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308, 
because these companies failed to provide requested information, as 
detailed in the Preliminary Decision Memorandum \2\ accompanying the 
Preliminary Results.
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    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results in the Administrative Review of the Antidumping Duty Order 
on Silicomanganese from Ukraine; 2015-2016,'' dated May 3, 2017 
(Preliminary Decision Memorandum).
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Final Results of the Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the respondents for the period of August 1, 2015, through 
July 31, 2016:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
PJSC Zaporozhye Ferroalloy Plant........................          163.00
PJSC Nikopol Ferroalloy Plant...........................          163.00
------------------------------------------------------------------------

Assessment

    In accordance with 19 CFR 351.212, the Department will instruct 
U.S. Customs and Border Protection (CBP) to liquidate all entries of 
subject merchandise exported by ZFP and NFP during the POR at an ad 
valorem rate of 163.00 percent. We intend to issue instructions to CBP 
15 days after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rates for subject 
merchandise exported by ZFP and NFP will be 163.00 percent, equal to 
the weighted-average dumping margins established in the final results 
of this administrative review; (2) for merchandise exported by 
producers or exporters not covered in this administrative review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recently completed segment of this proceeding; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 163.00 percent, the all-others rate established in the 
investigation.\3\
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    \3\ See Suspension Agreement on Silicomanganese From Ukraine; 
Termination of Suspension Agreement and Notice of Antidumping Duty 
Order, 66 FR 43838 (August 21, 2001) (clarifying that the ``Ukraine-
Wide Rate'' of 163 percent applies to all producers and exporters of 
subject silicomanganese not specifically listed in Notice of Final 
Determination of Sales at Less Than Fair Value: Silicomanganese From 
Ukraine, 59 FR 62711 (December 6, 1994) (where an AFA rate of 163 
percent was applied to ZFP and NFP, the mandatory respondents in the 
original investigation).

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[[Page 37198]]

    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation subject 
to sanction.
    We are issuing and publishing these results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act and 
19 CFR 351.221(b)(5).

    Dated: August 3, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-16790 Filed 8-8-17; 8:45 am]
 BILLING CODE 3510-DS-P