66 FR 63522, December 7, 2001

DEPARTMENT OF COMMERCE

International Trade Administration

[A-834-807, A-533-823]
 
Notice of Postponement of Final Determinations for Antidumping 
Duty Investigations: Silicomanganese From Kazakhstan and India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of extension of time limit for final determinations in 
the antidumping duty investigations of silicomanganese from Kazakhstan 
and India.

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SUMMARY: The Department of Commerce (``Department'') is extending the 
time limit for the final determinations in the antidumping duty 
investigations of silicomanganese from Kazakhstan and India.

EFFECTIVE DATE: December 7, 2001.

FOR FURTHER INFORMATION CONTACT: Jean Kemp (Kazakhstan), at (202) 482-
4037, and Sally Gannon (India) at (202) 482-0162, at the Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``Act''), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (``URAA''). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the regulations codified at 19 CFR part 351 (2001).

Postponement of Final Determinations and Extension of Provisional 
Measures

    On November 9, 2001, the affirmative preliminary determinations 
were published for the investigations of silicomanganese from 
Kazakhstan and India. See Notice of Preliminary Determination of Sales 
at Less Than Fair Value: Silicomanganese from Kazakhstan, 66 FR 56639 
(November 9, 2001) and Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Silicomanganese from India, 66 FR 56644 (November 
9, 2001). Pursuant to section 735(a)(2) of the Act and section 
351.210(b)(2)(ii) of the Department's regulations, on November 8, 2001, 
Transnational Co. Kazchrome and its Aksu Ferroalloy Plant 
(``Kazchrome''), Considar, Inc. (``Considar''), and Alloy 2000 (``Alloy 
2000'') requested that the Department extend the period for final 
determination for silicomanganese from Kazakhstan. On November 16, 
2001, Kazchrome, Considar, and Alloy 2000 submitted an amended request 
that the Department extend provisional measures (i.e., suspension of 
liquidation) from a four-month period to a period not to exceed six 
months, pursuant to 19 CFR 351.210(e)(2). On November 20, 2001, 
Universal Ferro & Allied Chemicals, Ltd (``Universal''), requested that 
the Department postpone the final determination of silicomanganese from 
India until not later than 135 days after the date of the publication 
of the preliminary determination in the Federal Register and requested 
an extension of provisional measures.

[[Page 63523]]

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative determination, a request for such postponement is made by 
exporters who account for a significant proportion of exports of the 
subject merchandise, or in the event of a negative preliminary 
determination, a request for such postponement is made by petitioners. 
The Department's regulations, at 19 CFR 351.210(e)(2), require that 
requests by respondents for postponement of a final determination be 
accompanied by a request for extension of provisional measures from a 
four-month period to not more than six months.
    In accordance with 19 CFR 351.210(b)(2)(ii), because (1) The 
preliminary determinations for silicomanganese from Kazakhstan and 
India are affirmative, (2) the respondents requesting a postponement 
account for a significant proportion of exports of the subject 
merchandise from their respective countries, and (3) no compelling 
reasons for denial exist, we are granting the respondents' requests and 
are postponing the final determinations to March 25, 2002, which is not 
later than 135 days after the publication of the preliminary 
determinations in the Federal Register. Suspension of liquidation will 
be extended accordingly.
    Furthermore, in the Department's November 9, 2001 preliminary 
determination on silicomanganese from Kazakhstan, the Department 
invited public comment with respect to Kazakhstan's status as a non-
market economy (``NME'') country on factors listed in section 771(18) 
of the Act, which the Department must take into account in making a 
market/non-market economy determination. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value: Silicomanganese from 
Kazakhstan, 66 FR 56641 (November 9, 2001). Public comments are 
currently due no later than December 10, 2001. The Department further 
requests any rebuttal comments be submitted no later than January 24, 
2002.
    This notice of postponement is published pursuant to 19 CFR 
351.210(g).

    Dated: December 3, 2001.
Bernard Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-30376 Filed 12-6-01; 8:45 am]
BILLING CODE 3510-DS-P