[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27545]
[[Page Unknown]]
[Federal Register: November 7, 1994]
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DEPARTMENT OF COMMERCE
[A-570-828]
Notice of Final Determination of Sales at Less Than Fair Value:
Silicomanganese From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 7, 1994.
FOR FURTHER INFORMATION CONTACT: Paul Kullman or Michelle Frederick,
Office of Antidumping Investigations, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW; Washington, DC 20230; telephone:
(202) 482-1279 or (202) 482-0186, respectively.
FINAL DETERMINATION: We determine that imports of silicomanganese from
the People's Republic of China (PRC) are being, or are likely to be,
sold in the United States at less than fair value, as provided in
section 735 of the Tariff Act of 1930, as amended (the Act). The
estimated margin is shown in the ``Continuation of Suspension of
Liquidation'' section of this notice.
Case History
Since the preliminary determination (59 FR 31199, June 17, 1994)
the following events have occurred: On June 28, 1994, counsel withdrew
its representation for the two responding firms in this investigation;
and on July 28, 1994, at the request of two non-responding firms with
significant silicomanganese exports, the final determination was
postponed (59 FR 40008, August 5, 1994). No further comments were
submitted.
Scope of the Investigation
The merchandise covered by this investigation 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 investigation, including
silicomanganese slag, fines and briquettes. Silicomanganese is used
primarily in steel production as a source of both silicon and
manganese. This investigation 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 7202.99.5040. Although
the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of this investigation is
dispositive.
Period of Investigation
The period of investigation (POI) is June 1 through November 30,
1993.
Best Information Available
As detailed in our preliminary determination, the Department sent
antidumping questionnaires to 18 producers and exporters that may have
sold silicomanganese to the United States during the POI. Further, we
sent an antidumping questionnaire to the PRC Ministry of Foreign
Economic Trade and Cooperation (MOFTEC) and requested that MOFTEC: (1)
Furnish the questionnaire to any silicomanganese producers and
exporters with U.S. sales during the POI that were not on our list of
18 companies, and (2) provide a comprehensive list of those additional
companies that received the questionnaire from MOFTEC. Two companies, a
PRC producer of silicomanganese and a Hong Kong export company that
purchased silicomanganese from that company and sold it to the United
States, were found by the Department not to have had any sales during
the POI. Further, we did not receive responses from MOFTEC and the
remaining potential respondents. Accordingly, given that no information
was submitted by potential respondents with respect to sales during the
POI, we have based our final determination on best information
available (BIA), in accordance with section 776(c) of the Act.
The BIA methodology is described in the notice of preliminary
determination. In this case, BIA is the information contained in the
petition, as amended on November 24, 1993 (See Initiation of
Antidumping Duty Investigations: Silicomanganese from Brazil, the
People's Republic of China, Ukraine and Venezuela, 58 FR 64553,
December 8, 1993). The amended petition provides only one margin,
listed below, for all PRC producers and exporters of silicomanganese.
Critical Circumstances
Petitioner alleged that critical circumstances exist with respect
to imports of silicomanganese from the PRC. In our preliminary
determination, pursuant to section 733(e)(1) of the Act and 19 CFR
353.16, we analyzed the allegations using the Department's standard
methodology. Because no additional information was submitted since the
preliminary determination, the Department is using the same analysis as
explained in its preliminary finding and determines that critical
circumstances exist for imports of silicomanganese from the PRC.
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(4) of the Act, we are directing the
Customs Service to continue to suspend liquidation of all entries of
silicomanganese from the PRC that are entered, or withdrawn from
warehouse, for consumption on or after March 18, 1994 (i.e., 90 days
prior to the date of publication of our preliminary determination in
the Federal Register). The Customs Service shall require a cash deposit
or posting of a bond equal to 150.00 percent ad valorem on all entries
of silicomanganese from the PRC. This suspension of liquidation will
remain in effect until further notice.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we have notified the
ITC of our determination. The ITC will now determine, within 45 days,
whether these imports are materially injuring, or threatening material
injury to the U.S. industry. If the ITC determines that material
injury, or threat of material injury, does not exist, the proceeding
will be terminated and all securities posted will be refunded or
canceled. If the ITC determines that such injury does exist, the
Department will issue an antidumping order directing Customs officials
to assess antidumping duties on all imports of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation.
Notification to Interested Parties
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 353.34(d). Failure to
comply is a violation of the APO. This determination is published
pursuant to section 735(d) of the Act and 19 CFR 353.20(a)(4).
Dated: October 31, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-27545 Filed 11-4-94; 8:45 am]
BILLING CODE 3510-DS-M