Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Notices 30067

1 Manganese Metal from the People’s Republic of

China; Preliminary Results and Partial Rescission of

Antidumping Duty Administrative Review, 64 FR

68999 (December 9, 1999) (Preliminary Results).

to be the most recent rate published in

the final determination or final results

for which the manufacturer or exporter

received a company-specific rate; (3) if

the exporter is not a firm covered in this

review, a previous review, or the

original investigation, but the

manufacturer is, the cash deposit rate

will be the rate established for the most

recent period for the manufacturer of

the merchandise; and (4) if neither the

exporter nor the manufacturer is a firm

covered in this or any previous review,

the cash deposit rate will be 46.46

percent, the ‘‘all others’’ rate established

in the LTFV investigation (50 FR 26019,

June 24, 1985).

This notice also serves as a

preliminary reminder to importers of

their responsibility to file a certificate

regarding the reimbursement of

antidumping duties prior to liquidation

of the relevant entries during this

review period. Failure to comply with

this requirement could result in the

Secretary’s presumption that

reimbursement of antidumping duties

occurred and the subsequent assessment

of double antidumping duties.

This administrative review and notice

are in accordance with sections

751(a)(1) and 777(i)(1) of the Act.

Dated: May 2, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–11598 Filed 5–9–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–840]

Manganese Metal From the People’s

Republic of China; Final Results of

Antidumping Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

antidumping duty administrative review

of manganese metal from the People’s

Republic of China.

SUMMARY: We have determined that

sales by China Metallurgical Import &

Export Hunan Corporation/Hunan

Nonferrous Metals Import & Export

Associated Corporation and by China

Hunan International Economic

Development (Group) Corporation have

been made below normal value during

the period of review of February 1,

1998, through January 31, 1999. Based

on our analysis of the comments

received, we have made changes in the

margin calculation of China

Metallurgical Import & Export Hunan

Corporation/Hunan Nonferrous Metals

Import & Export Associated

Corporation. Consequently, the final

results differ from the preliminary

results. The final weighted-average

dumping margin for this firm is listed

below in the section entitled ‘‘Final

Results of the Review.’’ Based on these

final results of review, we will instruct

the Customs Service to assess

antidumping duties based on the

difference between the export price and

normal value on all appropriate entries.

China Hunan International Economic

Development (Group) Corporation did

not respond to our questionnaire and

has been assigned a dumping margin

based on adverse facts available.

EFFECTIVE DATE: May 10, 2000.

FOR FURTHER INFORMATION CONTACT: Greg

Campbell or Suresh Maniam, Group 1,

Office I, Antidumping/Countervailing

Duty Enforcement, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue NW., Washington, DC 20230;

telephone (202) 482–2239 or (202) 482–

0176, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the 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 of Commerce’s

(Department) regulations are to 19 CFR

part 351 (1999).

Background

On December 9, 1999, the Department

published the Preliminary Results.1 The

review covers two PRC exporters. The

period of review (POR) is February 1,

1998, through January 31, 1999. We

invited parties to comment on our

preliminary results of review. At the

request of certain interested parties, we

held a public hearing on February 3,

2000. The Department has conducted

this administrative review in

accordance with section 751 of the Act.

Scope of Review

The merchandise covered by this

review is manganese metal, which is

composed principally of manganese, by

weight, but also contains some

impurities such as carbon, sulfur,

phosphorous, iron and silicon.

Manganese metal contains by weight not

less than 95 percent manganese. All

compositions, forms and sizes of

manganese metal are included within

the scope of this administrative review,

including metal flake, powder,

compressed powder, and fines. The

subject merchandise is currently

classifiable under subheadings

8111.00.45.00 and 8111.00.60.00 of the

Harmonized Tariff Schedule of the

United States (HTSUS). Although the

HTSUS subheadings are provided for

convenience and customs purposes, our

written description of the scope of this

proceeding is dispositive.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

administrative review are addressed in

the ‘‘Issues and Decision Memorandum’’

(Decision Memo) from Richard W.

Moreland, Deputy Assistant Secretary,

Import Administration, to Troy H.

Cribb, Acting Assistant Secretary for

Import Administration, dated May 3,

2000, which is hereby adopted by this

notice. A list of the issues which parties

have raised and to which we have

responded, all of which are in the

Decision Memo, is attached to this

notice as an Appendix. Parties can find

a complete discussion of all issues

raised in this review and the

corresponding recommendations in this

public memorandum which is on file in

the Central Records Unit, room B–099 of

the main Department building. In

addition, a complete version of the

Decision Memo can be accessed directly

on the Web at www.ita.doc.gov/

importladmin/records/frn/. The paper

copy and electronic version of the

Decision Memo are identical in content.

Changes Since the Preliminary Results

Based on our analysis of comments

received, we have made certain changes

in the margin calculation for China

Metallurgical Import & Export Hunan

Corporation/Hunan Nonferrous Metals

Import & Export Associated Corporation

(CMIECHN/CNIECHN). These changes

are as follows:

Ore 2: To value Ore 2, we are using

an average of two price quotations from

separate Indian manganese ore

producers. See the Decision Memo at

Comment 4.

Electricity: We have derived a

surrogate value for electricity based on

electricity price data published by the

Center for Monitoring Indian Economy

(CMIE) and on an electricity-specific

30068 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Notices

2 64 FR at 69001.

3 Manganese Metal from the People’s Republic of

China; Final Results of Antidumping Duty

Administrative Review, 64 FR 49449 (September 13,

1999).

4See e.g., Manganese Metal from the People’s

Republic of China; Final Results of Antidumping

Duty Administrative Review, 64 FR 49447

(September 13, 1999); Fresh Garlic from the PRC;

Final Results of Antidumping Duty Administrative

Review and Partial Termination of Administrative

Review, 62 FR 23758, 23760 (May 1, 1997);

Sparklers from the PRC; Final Results of

Antidumping Duty Administrative Review, 61 FR

39630, 39631 (July 30, 1996).

price index published by the Reserve

Bank of India. See the Decision Memo

at Comment 5.

Factory Overhead, SG&A and Profit:

We have derived surrogate ratios for

factory overhead, SG&A and profit

based on financial data for Indian

nonferrous metals producers, as

published by the CMIE. See the

Decision Memo at Comment 9.

Ocean Freight: We have used as a

surrogate value for ocean freight

information obtained from the Federal

Maritime Commission on freight rates

during the POR. See the Decision Memo

at Comment 12.

Final Results of Review

We determine that the following

percentage weighted-average margins

exist for the period February 1, 1998,

through January 31, 1999:

Exporter Margin

(percent)

CMIECHN/CNIECHN .................. 36.49

PRC-wide .................................... 143.32

The Department shall determine, and

Customs shall assess, antidumping

duties on all appropriate entries. The

Department will issue appraisement

instructions directly to the Customs

Service.

In order to assess duties on

appropriate entries as a result of this

review, we have calculated entryspecific duty assessment rates based on

the ratio of the amount of duty

calculated for each of CMIECHN/

CNIECHN’s verified sales during the

POR to the entered value of the

corresponding entry. The Department

will instruct the Customs Service to

assess these rates on those entries which

correspond to sales verified by the

Department as having been made

directly by CMIECHN/CNIECHN. With

respect to Sumitomo Canada, Ltd. (SCL)

and London & Scandinavian

Metallurgical Co., Ltd. (LSM), thirdcountry resellers which established the

identity of their PRC suppliers, the

Department will instruct Customs to

liquidate these entries at the cash

deposit rate in effect for their supplier(s)

at the time of entry.

As discussed in the Preliminary

Results,2 however, the Customs entry

data for the POR indicates that many

more shipments of manganese metal

listing CMIECHN/CNIECHN as the

manufacturer/exporter were entered

into the United States than the number

of POR sales reported by CMIECHN/

CNIECHN. On those entries listing

CMIECHN/CNIECHN as the direct

exporter but for which there are no

corresponding verified sales or sales by

LSM or SCL, the Department will

instruct the Customs Service to assess

the PRC-wide rate of 143.32 percent.

This is consistent with the Department’s

practice as applied during the previous

review.3 The Department will likewise

instruct the Customs Service to assess

the PRC-wide rate on all POR entries

from China Hunan International

Economic Development (Group)

Corporation (HIED) and on all entries

from other PRC exporters that do not

have separate rates.

Cash Deposit Requirements

The following deposit requirements

will be effective upon publication of

this notice of final results of

administrative review for all shipments

of manganese metal from the PRC

entered, or withdrawn from warehouse,

for consumption on or after the date of

publication of this notice, as provided

by section 751(a)(1) of the Act: (1) The

cash deposit rate for CMIECHN/

CNIECHN will be the rate shown above;

(2) for previously reviewed or

investigated companies not listed above,

the cash deposit rate will continue to be

the company-specific rate published for

the most recent period; (3) for sales

made by LSM, SCL and other non-PRC

exporters of subject merchandise from

the PRC, the cash deposit rates will be

those cash deposit rates in effect at the

time of entry for their respective PRC

supplier(s); 4 and (4) for all other PRC

exporters, including HIED, the cash

deposit rate will be 143.32 percent. This

rate is the ‘‘PRC-wide’’ rate from the

less-than-fair-value investigation. These

deposit requirements shall remain in

effect until publication of the final

results of the next administrative

review.

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 review period.

Failure to comply with this requirement

could result in the Secretary’s

presumption that reimbursement of

antidumping duties occurred and the

subsequent assessment of doubled

antidumping duties.

This notice also serves as a reminder

to parties subject to administrative

protective orders (APOs) 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.

We are issuing and publishing this

determination and notice in accordance

with sections section 751(a)(1) and

771(i) of the Act.

Dated: May 3, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

Appendix—List of Comments and

Issues in the Decision Memorandum

Comment 1: Application of China-wide Rate

Comment 2: Normal Value for SCL

Comment 3: Factual Information Regarding

CMIECHN/CNIECHN

Comment 4: Ore Valuation

Comment 5: Electricity Valuation

Comment 6: Liquid Ammonia Valuation

Comment 7: Selenium Dioxide Valuation

Comment 8: Positive Mud Valuation

Comment 9: Factory Overhead, SG&A, and

Profit Valuation

Comment 10: Excluding Labor from Factory

Overhead and SG&A Ratios

Comment 11: Ocean Freight—Use of

Reported Costs

Comment 12: Ocean Freight Valuation

[FR Doc. 00–11736 Filed 5–9–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–201–504]

Porcelain-on-Steel Cookware From

Mexico: Final Results of Antidumping

Duty Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

antidumping duty administrative

review.

SUMMARY: On November 5, 1999, the

Department of Commerce published the

preliminary results of the administrative