[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Notices]
[Pages 1592-1595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-378]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-806


Silicon Metal from the People's Republic of China: Final Results 
and Partial Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 9, 2009, the Department of Commerce (the 
``Department'') published in the Federal Register the Preliminary 
Results of the 2007-2008 administrative review of the antidumping duty 
order on silicon metal from the People's Republic of China (``PRC''). 
We gave interested parties an opportunity to comment on the Preliminary 
Results.\1\ Based upon our analysis of the comments and information 
received, we made changes to the margin calculations for the final

[[Page 1593]]

results. We continue to find that certain exporters have sold subject 
merchandise at less than normal value during the period of review 
(``POR''), June 1, 2007, through May 31, 2008.
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    \1\ See Silicon Metal From the People's Republic of China: 
Preliminary Results and Preliminary Rescission, in Part, of 
Antidumping Duty Administrative Review, 74 FR 32885 (July 9, 2009) 
(``Preliminary Results'').

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EFFECTIVE DATE: January 12, 2010.

FOR FURTHER INFORMATION CONTACT: Bobby Wong, Susan Pulongbarit, or 
Jerry Huang, AD/CVD Operations, Office 9, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-0409, (202) 482-4031, or (202) 482-4047.

SUPPLEMENTARY INFORMATION:

Background

    On July 30, 2008, the Department initiated an administrative review 
of five producers/exporters of subject merchandise from the PRC: 
Jiangxi Gangyuan Silicon Industry Co., Ltd. (``Jiangxi Gangyuan''); Lao 
Silicon Co., Ltd. (``Lao Silicon''); S. AU Trade Co., Ltd. (``AU 
Trade''); and Shanghai Jinneng International Trade Co., Ltd. 
(``Shanghai Jinneng'') and its affiliated producer, Datong Jinneng 
Industrial Silicon Co., Inc. (``Datong Jinneng'') (collectively, the 
``Jinneng Companies''). In the Preliminary Results the Department 
rescinded the review with respect to Datong Jinneng and Lao Silicon in 
accordance with 19 CFR 351.213(d)(3), because the Department 
preliminary determined that neither company had made shipments of 
subject merchandise during the POR. Also, in the Preliminary Results, 
the Department preliminarily determined that AU Trade will remain part 
of the PRC-wide entity for the purposes of this review because the 
Department received an untimely filing of AU Trade's Separate Rate 
Application (``SRA''). Thus, two companies remain subject to this 
review: Shanghai Jinneng and Jiangxi Gangyuan.
    As noted above, on July 9, 2009, the Department published the 
Preliminary Results of this administrative review.\2\ On July 29, 2009, 
Globe Metallurgical Inc. (``Petitioner'') submitted additional 
surrogate value information. On July 29, 2009, the Jinneng Companies 
and Jiangxi Gangyuan (``Respondents'') submitted additional surrogate 
value information.
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    \2\ See Preliminary Results.
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    On August 10, 2009, Petitioner requested a hearing. On September 
17, 2009, the Department held public and closed hearings to discuss the 
final results of the instant review.
    In response to requests by interested parties, on August 18, 2009, 
we extended the deadline for parties to submit case briefs and rebuttal 
briefs until August 21, 2009, and September 4, 2009, respectively. On 
August 21, 2009, we received case briefs from Petitioner and 
Respondents. On September 3, 2009, we extended the deadline for parties 
to submit rebuttal briefs until September 9, 2009. On September 10, 
2009, we received rebuttal briefs from Petitioner and Respondents.
    On October 29, 2009, the Department partially extended the deadline 
for the completion of the final results of this review until November 
6, 2009.\3\ On December 1, 2009, the Department fully extended the 
deadline for the completion of the final results of this review until 
January 5, 2010.\4\
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    \3\ See Silicon Metal From the People's Republic of China: 
Notice of Extension of Time Limit for the Final Results of the 2007 
- 2008 Administrative Review, 74 FR 55811 (October 29, 2009).
    \4\ See Silicon Metal from the People's Republic of China: 
Notice of Second Extension of Time Limit for the Final Results of 
the 2007-2008 Administrative Review, 74 FR 62745 (December 1, 2009).
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    On November 10, 2009, the Department received letters from the 
Embassy of the PRC and the Ministry of Commerce for the PRC 
(``MOFCOM'') (collectively, ``PRC government letters''), and 
subsequently requested comments from interested parties regarding the 
letters and a related remand determination.\5\ On December 2, 2009, the 
Department received comments from MOFCOM pursuant to the Department's 
request. On December 3, 2009, the Department received comments from 
Petitioner and Respondents pursuant to the Department's request. On 
December 5, 2009, the Department received a letter from the Chinese 
Minister of Commerce, and subsequently requested comments from 
interested parties regarding the letter.\6\ On December 16, 2009, the 
Department received comments from Petitioner regarding the December 5, 
2009, letter.
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    \5\ See Letter From the Department of Commerce, To All 
Interested Parties Regarding 2007/2008 Administrative Review of 
Silicon Metal from the People's Republic of China, dated November 
18, 2009.
    \6\ See Letter From the Department of Commerce, To All 
Interested Parties Regarding 2007/2008 Administrative Review of 
Silicon Metal from the People's Republic of China, dated December 
11, 2009.
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    On December 22, 2009, the Department requested comments on Indian 
import data from the World Trade Atlas under Harmonized Tariff Schedule 
6305.330.00 ``Sacks and Bags, for Packing of Goods, of Polyethylene/
Polypropylene Strips Nes.'' from the 2005-2006 new shipper reviews of 
silicon metal from China.\7\ No parties submitted comments to the 
Department regarding this data.
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    \7\ See Silicon Metal from the People's Republic of China: 
Notice of Final Results of 2005/2006 New Shipper Reviews (``New 
Shipper Reviews''), 72 FR 58641 (October 16, 2007).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the ``Silicon Metal from the People's 
Republic of China: Issues and Decision Memorandum for the Final Results 
of 2007/2008 Administrative Review,'' which is dated concurrently with 
this notice (``I&D Memo''). A list of the issues which parties raised 
and to which we respond in the I&D Memo is attached to this notice as 
an Appendix. The I&D Memo is a public document and is on file in the 
Central Records Unit (``CRU''), Main Commerce Building, Room 1117, and 
is accessible on the Department's website at http://www.trade.gov/ia. 
The paper copy and electronic version of the memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on a review of the record as well as comments received from 
parties regarding our Preliminary Results, we have made revisions to 
Jiangxi Gangyuan and Shanghai Jinneng's margin calculations for the 
final results. For all changes to Jiangxi Gangyuan and Shanghai 
Jinneng's calculations, see I&D Memo and the company specific analysis 
memorandums.

Scope of the Order

    Imports covered by this review are shipments of silicon metal 
containing at least 96.00 but less than 99.99 percent of silicon by 
weight. Also covered by this review is silicon metal from the PRC 
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. 
Silicon metal is currently provided for under subheadings 2804.69.10 
and 2804.69.50 of the Harmonized Tariff Schedule (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 this review. Although the HTS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.
    Final Partial Rescission

[[Page 1594]]

    In the Preliminary Results, the Department preliminarily rescinded 
this review with respect to the following companies: Datong Jinneng and 
Lao Silicon. Subsequent to the Preliminary Results, no information was 
submitted on the record indicating that the above companies made sales 
to the United States of subject merchandise during the POR. Thus, in 
accordance with 19 CFR 351.213(d)(3), and consistent with our practice, 
we are rescinding this review with respect to the above-named companies 
for the period of June 1, 2007, through May 31, 2008.

Separate Rates

    In our Preliminary Results, we treated Jiangxi Gangyuan and Datong 
Jinneng as separate rate companies. We have not received any 
information since the issuance of the Preliminary Results that provides 
a basis for the reconsideration of this treatment. Therefore, the 
Department continues to find that Jiangxi Gangyuan and Datong Jinneng 
meet the criteria for a separate rate.
    In our Preliminary Results, we determined that the Department 
received an untimely filing of AU Trade's SRA. The Department notes 
that AU Trade was considered as part of the PRC-wide entity and did not 
receive its own separate rate. We have not received any information 
since the issuance of the Preliminary Results that provides a basis for 
the reconsideration of this determination. Therefore, the Department 
continues to find that AU Trade will remain part of the PRC-wide entity 
for the purposes of this review, as the Department did not conduct a 
review of its separate rate eligibility.

Facts Available

    Section 776(a)(2) of the Act provides that if an interested party: 
(A) withholds information that has been requested by the Department; 
(B) fails to provide such information in a timely manner or in the form 
or manner requested, subject to subsections 782(c)(1) and (e) of the 
Act; (C) significantly impedes a determination under the antidumping 
statute; or (D) provides such information but the information cannot be 
verified, the Department shall, subject to subsection 782(d) of the 
Act, use facts otherwise available in reaching the applicable 
determination.
    Section 782(c)(1) of the Act provides that, if an interested party 
promptly notifies the Department that it is unable to submit the 
information in the requested form and manner, together with a full 
explanation and suggested alternative forms in which such party is able 
to submit the information, the Department shall take into consideration 
the ability of the party to submit the information in the requested 
form and manner and may modify such requirements to the extent 
necessary to avoid imposing an unreasonable burden on that party.
    For this final determination, in accordance with section 
776(a)(2)(B) of the Act and 782(e)(3) of the Act, we have determined 
that the use of facts available is appropriate for Shanghai Jinneng's 
consumption of electricity. The record evidence demonstrates that 
Shanghai Jinneng consumed additional electricity in the preparation of 
raw materials and in finishing production, which was not previously 
reported as production electricity. Therefore, we have adjusted the 
production electricity factor of production (``FOP'') to include 
electricity consumed in the raw material and finishing workshops. 
However, since the workshops are used in the production of other non-
subject merchandise, and that the company only began to report the 
electricity consumption in January of 2008, we have applied neutral 
facts available to allocate the proper consumption in the production of 
subject silicon metal, and to derive estimated electricity consumption 
for the first seven months of the POR. See I&D Memo at Comment 13.

Final Results of Review

    The weighted-average dumping margins for the POR are as follows:

                       Silicon Metal from the PRC
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                                                       Weighted-Average
                      Exporter                         Margin (Percent)
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Jiangxi Gangyuan....................................              50.02%
Shanghai Jinneng....................................              23.16%
PRC-Wide Entity.....................................             139.49%
------------------------------------------------------------------------

Assessment

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of review. Pursuant 
to 19 CFR 351.212(b)(1), we will calculate importer-specific (or 
customer) ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific assessment rate calculated in the final 
results of this review is above de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of this administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in 
these final results of review (except, if the rate is zero or de 
minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be 
required for that company); (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above that have separate rates, 
the cash deposit rate will continue to be the exporter-specific rate 
published for the most recent period; (3) for all PRC exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 
139.49 percent; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporters that supplied 
that non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until publication of the final results of the next 
administrative review.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``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.

[[Page 1595]]

Failure to comply with the regulations and terms of an APO is a 
violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: January 5, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I Decision Memorandum

I. General Issues:

Comment 1: Treatment of VAT and Export Taxes
Comment 2: Selection of Appropriate Surrogate Value for Silica Fume
Comment 3: Selection of Appropriate Surrogate Value for Electricity
Comment 4: Selection of Appropriate Surrogate Value Financial 
Statements
Comment 5: Treatment of the Silica Fume By-Product Offset
Comment 6: Selection of Appropriate Surrogate Value for Coal
Comment 7: Selection of Appropriate Surrogate Value for Truck Freight
Comment 8: Selection of Appropriate Surrogate Value for Oxygen
Comment 9: Selection of Appropriate Surrogate Value for Polypropylene 
Bags
Comment 10: Inclusion of Certain U.S. Sales in Margin Calculations
Comment 11: Freight Distances Reported by the Respondents

II. Shanghai Jinneng Issues

Comment 12: Treatment and Valuation of Graphite Powder
Comment 13: Datong Jinneng Reported Electricity Usage

III. Jiangxi Gangyuan Issues

Comment 14: Jiangxi Gangyuan's Production Quantity
Comment 15: Jiangxi Gangyuan's By-Product Offset
[FR Doc. 2010-378 Filed 1-11-10; 8:45 am]
BILLING CODE 3510-DS-S