[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)
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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
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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