[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Pages 12338-12339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5120]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal From the People's Republic of China: Rescission of 
Antidumping Duty Administrative Review

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

DATES: Effective Date: March 7, 2011.

FOR FURTHER INFROMATION CONTACT: Magd Zalok or Howard Smith, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230, telephone: (202) 482-
4162 or (202) 482-5193, respectively.

SUPPLEMENTAL INFORMATION:

Background

    On June 1, 2010, the Department of Commerce (the ``Department'') 
published a notice of opportunity to request an administrative review 
for the period of review covering June 1, 2009, through May 31, 2010 
(``POR''). See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative Review, 
75 FR 30383 (June 1, 2010). In accordance with 19 CFR 351.213(b)(1), 
Globe Metallurgical Inc. (``Globe''), a domestic producer of silicon 
metal, requested an administrative review of the antidumping duty order 
on silicon metal from the PRC with respect to the following companies: 
Jiangxi Gangyuan Silicon Industry Company Ltd. (``Gangyuan''); Shanghai 
Jinneng International Trade Co., Ltd. (``Shanghai Jinneng''); and 
Zhejiang Kaihua Yuantong Silicon Industry Co., Ltd. (``Zhejiang'').\1\ 
No other party requested a review. The Department published the 
initiation of the administrative review of the antidumping duty order 
on silicon metal from the PRC on July 28, 2010, in which the Department 
initiated an administrative review of the aforementioned three 
companies covering the period June 1, 2009, through May 31, 2010. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests for Revocations in Part, 75 FR 44224 (July 28, 
2010).
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    \1\ See Globe's June 30, 2010 ``Request for 2009-10 
Administrative Review'' for Silicon Metal from the People's Republic 
of China.
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    On August 18, 2010, Gangyuan and Shanghai Jinneng notified the 
Department that they had no entries, exports, or sales of the subject 
merchandise to the United States during the POR. On September 20, 2010, 
the Department issued a no shipments e-mail to U.S. Customs and Border 
Protection (``CBP'') requesting notification within 10 days of receipt 
of the e-mail if CBP had information contrary to the no shipments 
claims of Gangyuan and Shanghai Jinneng. Also, the Department conducted 
a CBP data query to ascertain whether there were entries of subject 
merchandise from Gangyuan or Shanghai Jinneng. See August 11, 2010, 
Memorandum from Analyst to File entitled ``2009-2010 Administrative 
Review of Silicon Metal from the People's Republic of China, Placing 
CBP Data on the Record.'' See also September 22, 2010, Memorandum from 
Abdelali Elouaradia, Office Director, Office 4, Import Administration 
to Michael Walsh, Director, AD/CVD/Revenue Policy & Programs, U.S. 
Customs and Border Protection entitled ``Request for U.S. Entry 
Documents--Silicon Metal from the People's Republic of China A-570-
806.''
    On January 11, 2011, Globe withdrew its request for review of 
Zhejiang. On February 15, 2011, the Department

[[Page 12339]]

issued a memorandum of intent to rescind the antidumping administrative 
review with respect to Gangyuan and Shanghai Jinneng and provided 
parties with an opportunity to comment on the Department's intent to 
rescind the review. See Silicon Metal From the People's Republic of 
China: Memorandum of Intent to Rescind Antidumping Duty Administrative 
Review, in Part, dated February 15, 2010. No parties commented on the 
Department's intent to rescind the review.

Rescission of Review

    The Department may rescind an administrative review with respect to 
an exporter or producer if the Department concludes that there were no 
entries, exports, or sales of the subject merchandise to the United 
States during the POR. See 19 CFR 351.213(d)(3). As noted above, 
Gangyuan and Shanghai Jinneng reported that they did not have any 
entries of subject merchandise during the POR. To test Gangyuan's and 
Shanghai Jinneng's claim, the Department examined the CBP 
documentation, and found that the record provides no information to 
contradict Gangyuan's and Shanghai Jinneng's claim of no sales or 
shipments to the United States during the POR. Accordingly, pursuant to 
19 CFR 351.213(d)(3), since there were no entries, export or sales of 
the subject merchandise by Gangyuan and Shanghai Jinneng during the 
POR, the Department has determined to rescind this administrative 
review with respect to these two companies.
    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
Department may extend this time limit if it decides that it is 
reasonable to do so. As noted above, Globe withdrew its request for 
review of Zhejiang on January 11, 2011. While Globe withdrew its 
request for an administrative review after the 90-day deadline, the 
Department has determined that it is reasonable to extend the time for 
Globe to file a withdrawal of its request for a review of Zhejiang 
because the review is not at an advanced stage such that significant 
resources have been expended in conducting the review. Accordingly, in 
accordance with 19 CFR 351.213(d)(1), we are also rescinding this 
review of the antidumping duty order with respect to Zhejiang.

Assessment

    The Department intends to issue assessment instructions to CBP 15 
days after publication of this rescission notice. The Department will 
instruct CBP to assess antidumping duties at rates equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, in accordance with 19 
CFR 351.212(c)(1)(i).

Notification to Parties

    This notice also serves as a 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, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: February 28, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2011-5120 Filed 3-4-11; 8:45 am]
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