[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27243-27244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12394]
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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:
Continuation of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) orders on silicomanganese from
India, Kazakhstan, and Venezuela would be likely to lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of these AD orders.
DATES: Applicable June 12, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Dunne or Jacqueline Arrowsmith
AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2328
or (202) 482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2018, Commerce published the notice of initiation
of the third sunset reviews of the Orders \1\ on silicomanganese from
India, Kazakhstan, and Venezuela, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).\2\ As a result of its
reviews, on December 17, 2018, Commerce determined that revocation of
the Orders on silicomanganese from India, Kazakhstan, and Venezuela
would likely lead to the continuation or recurrence of dumping.\3\
Commerce, therefore, notified the ITC of the magnitude of the margins
of dumping likely to prevail were the Orders revoked.\4\
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\1\ 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)
(Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 45887
(September 11, 2018).
\3\ See Silicomanganese from India, Kazakhstan, and Venezuela:
Final Results of Expedited Third Sunset Reviews of the Antidumping
Duty Orders, 83 FR 64525, (December 17, 2018) and accompanying
Issues and Decision Memorandum (IDM).
\4\ Id.
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On April 23, 2019, the ITC published its determinations, pursuant
to sections 751(c) and 752 of the Act, that revocation of the Orders on
silicomanganese from India, Kazakhstan, and Venezuela would likely lead
to continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\5\
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\5\ See Silicomanganese from India, Kazakhstan, and Venezuela,
84 FR 16882 (April 23, 2019).
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Scope of the Orders
For purposes of these orders, the products covered are all forms,
sizes and compositions of silicomanganese,
[[Page 27244]]
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.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or a
recurrence of dumping and a continuation or recurrence of material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the
continuation of the Orders on silicomanganese from India, Kazakhstan,
and Venezuela. U.S. Customs and Border Protection will continue to
collect AD 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 the Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year reviews of these orders not
later than 30 days prior to the fifth anniversary of the effective date
of continuation.
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/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
These sunset reviews and notice are in accordance with sections
751(c), 752, and published pursuant to 777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: June 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-12394 Filed 6-11-19; 8:45 am]
BILLING CODE 3510-DS-P