66 FR 10669, February 16, 2001

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806, A-570-806, A-351-824, A-570-828, A-823-805]
 
Continuation of Antidumping Duty Orders on Silicon Metal From 
Brazil and China and on Silicomanganese From Brazil and China, and 
Continuation of Suspended Antidumping Duty Investigation on 
Silicomanganese From Ukraine

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

ACTION: Notice of continuation of antidumping duty orders on silicon 
metal from Brazil and China and on silicomanganese from Brazil and 
China, and of suspended antidumping duty investigation on 
silicomanganese from Ukraine.

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SUMMARY: The Department of Commerce (``the Department''), pursuant to 
sections 751(c) and 752 of the Tariff Act of 1930, as amended (``the 
Act''), determined that revocation of the antidumping duty orders on 
silicon metal from Brazil and China and on silicomanganese from Brazil 
and China, and termination of the agreement suspending the antidumping 
duty investigation (``the Agreement'') on silicomanganese from Ukraine 
would be likely to lead to continuation or recurrence of dumping.\1\ On 
February 5, 2001, the International Trade Commission (``the 
Commission''), pursuant to section 751(c) of the Act, determined that 
revocation of the antidumping duty orders on silicon metal from Brazil 
and China and on silicomanganese from Brazil and China, and termination 
of the agreement on silicomanganese from Ukraine would be

[[Page 10670]]

likely to lead to continuation or recurrence of material injury to 
industries in the United States within a reasonably foreseeable time 
(66 FR 8981 (February 5, 2001)). Therefore, pursuant to 19 CFR 
351.218(f)(4), the Department is publishing notice of the continuation 
of the antidumping duty orders on silicon metal from Brazil and China 
and on silicomanganese from Brazil and China, and of the continuation 
of the suspended investigation on silicomanganese from Ukraine.
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    \1\ Silicon Metal From Brazil; Final Results of Expedited Sunset 
Review of Antidumping Duty Order, 65 FR 35607 (June 5, 2000), 
Silicon Metal From the People's Republic of China; Final Results of 
Expedited Sunset Review of Antidumping Duty Order, 65 FR 35609 (June 
5, 2000), Silicomanganese From the People's Republic of China and 
Brazil; Final Results of Antidumping Duty Expedited Sunset Reviews, 
65 FR 35324 (June 2, 2000), and Final Results of Full Sunset Review: 
Silicomanganese From Ukraine, 65 FR 58045 (September 27, 2000).

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EFFECTIVE DATE: February 16, 2001.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or James P. Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-5050 
or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:   

Background

    On November 2, 1999, the Department initiated (64 FR 59160) and the 
Commission instituted (64 FR 59204; 59209) sunset reviews of the 
antidumping duty orders on silicon metal from Brazil and China and on 
silicomanganese from Brazil and China, and sunset reviews of the 
suspended antidumping duty investigation on silicomanganese from 
Ukraine, pursuant to section 751(c) of the Act. As a result of its 
reviews, the Department found that revocation of the antidumping duty 
orders on silicon metal from Brazil and China and on silicomanganese 
from Brazil and China, and termination of the agreement on 
Silicomanganese from Ukraine would be likely lead to continuation or 
recurrence of dumping and notified the Commission of the magnitude of 
the margin likely to prevail were the orders revoked and the agreement 
terminated.\2\
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    \2\ Silicon Metal From Brazil; Final Results of Expedited Sunset 
Review of Antidumping Duty Order, 65 FR 35607 (June 5, 2000), 
Silicon Metal From the People's Republic of China; Final Results of 
Expedited Sunset Review of Antidumping Duty Order, 65 FR 35609 (June 
5, 2000), Silicomanganese From the People's Republic of China and 
Brazil; Final Results of Antidumping Duty Expedited Sunset Reviews, 
65 FR 35324 (June 2, 2000), and Final Results of Full Sunset Review: 
Silicomanganese From Ukraine, 65 FR 58045 (September 27, 2000).
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    On February 5, 2001, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty orders on 
silicon metal from Brazil and China and on silicomanganese from Brazil 
and China, and termination of the suspended investigation on 
silicomanganese from Ukraine would be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Silicon Metal From Argentina, 
Brazil, and China, and Silicomanganese From Brazil, China, and Ukraine, 
66 FR 8981 (February 5, 2001) and USITC Pub. 3384 (January 2001) 
Investigation Nos., 731 TA-470-472, and 731 TA 671-673 (Reviews).

Scope

Silicon Metal--Brazil and China

    The merchandise subject to these antidumping duty orders is silicon 
metal containing at least 96.00 percent, but less than 99.99 percent of 
silicon by weight. Also covered by these orders is silicon metal 
containing between 89.00 and 96.00 percent silicon by weight but which 
contains a higher aluminum content than the silicon metal containing at 
least 96.00 percent but less than 99.99 percent silicon by weight (58 
FR 27542, May 10, 1993). Silicon metal is currently provided for under 
subheadings 2804.69.10 and 2804.69.50 of the HTS as a chemical product, 
but is commonly referred to as a metal. Semiconductor-grade silicon 
(silicon metal containing by weight not less than 99.99 percent of 
silicon and provided for in subheading 2804.61.00 of the HTS is not 
subject to these orders. Although the HTS numbers are provided for 
convenience and customs purposes, the written description remains 
dispositive.

Silicomanganese--Brazil, China, and Ukraine

    The merchandise subject to the orders and the suspension agreement 
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 these 
orders, and agreement, including silicomanganese slag, fines, and 
briquettes. Silicomanganese is used primarily in steel production as a 
source of both silicon and manganese. These antidumping duty orders, 
and this agreement, cover all silicomanganese, regardless of its tariff 
classification. Most silicomanganese is currently classifiable under 
subheading 7202.30.0000 of the HTS schedule. Some silicomanganese may 
also currently be classifiable under HTS subheading 7202.99.5040. 
Although the HTS subheadings are provided for convenience and customs 
purposes, our written description of the scope remains dispositive.

Determination

    As a result of the determinations by the Department and the 
Commission that revocation of the antidumping duty orders and 
termination of the agreement would be likely to lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, the Department hereby 
orders the continuation of the antidumping duty orders on silicon metal 
from Brazil and China and on silicomanganese from Brazil and China, and 
the continuation of the agreement on silicomanganese from Ukraine. The 
Department will instruct the Customs Service to continue to collect 
antidumping duty deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of 
continuation of these orders, and this agreement, will be the date of 
publication in the Federal Register of this Notice of Continuation. 
Pursuant to section 751(c)(2) and 751 (c)(6) of the Act, the Department 
intends to initiate the next five-year review of these orders, and this 
agreement, not later than January 2006.
    This notice is published pursuant to section 703(c)(2) of the Act. 
Effective January 20, 2001, Bernard T. Carreau is fulfilling the duties 
of the Assistant Secretary for Import Administration.

    Dated: February 12, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, AD/CVD Enforcement II.
[FR Doc. 01-4023 Filed 2-15-01; 8:45 am]
BILLING CODE 3510-DS-P