[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Pages 66798-66799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27285]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-824]
Silicomanganese from Brazil: Revocation of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 66799]]
SUMMARY: As a result of the determination by the International Trade
Commission (the ITC) that revocation of the antidumping duty (AD) order
on silicomanganese from Brazil would not be likely to lead to the
continuation or recurrence of material injury to an industry in the
United States, the Department of Commerce (the Department) is revoking
this AD order.
DATES: Effective Date: September 14, 2011.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-1690 or (202) 482-3683
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2011, the Department initiated and the ITC instituted
sunset reviews of the AD orders on silicomanganese from Brazil, 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 order on
silicomanganese from Brazil would not be likely to lead to the
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).
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Scope of the Order
The merchandise covered by the order 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 order covers all silicomanganese,
regardless of its tariff classification. Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the order remains dispositive.
Determination
As a result of the determination by the ITC that revocation of the
AD order would not be likely to lead to continuation or recurrence of
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act, the Department is revoking the AD order
on silicomanganese from Brazil. Pursuant to section 751(d)(2) of the
Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is
September 14, 2011 (i.e., the fifth anniversary of the effective date
of publication in the Federal Register of the most recent notice of
continuation of this order).\4\
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\4\ See Silicomanganese from Brazil, Ukraine, and the People's
Republic of China: Continuation of Antidumping Duty Orders, 71 FR
54272 (September 14, 2006).
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The Department will notify U.S. Customs and Border Protection, 15
days after publication of this notice, to terminate suspension of
liquidation and collection of cash deposits on entries of the subject
merchandise, entered or withdrawn from warehouse, on or after September
14, 2011. Entries of subject merchandise prior to the effective date of
revocation will continue to be subject to suspension of liquidation and
antidumping duty deposit requirements.
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.
This five-year (sunset) review and notice are in accordance with
section 751(d)(2) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: November 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-27285 Filed 11-6-12; 8:45 am]
BILLING CODE 3510-DS-P