Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices 35607

the Act, by reason of less-than-fair-value

imports of NFAJC from the PRC.

Therefore, the Department will direct

the U.S. Customs Service to assess,

upon further advice by the Department,

antidumping duties equal to the amount

by which the normal value of the

subject merchandise exceeds the export

price or constructed export price of the

subject merchandise for all entries of

NFAJC from the PRC, except for subject

merchandise both produced and

exported by North Andre, which

received a zero final margin. The ITC

further found that critical circumstances

do not exist with respect to imports of

the subject merchandise from the PRC.

As a result, antidumping duties will be

assessed on all unliquidated entries of

NFAJC entered, or withdrawn from

warehouse, for consumption on or after

November 23, 1999, the date of

publication of the Department’s

preliminary determination in the

Federal Register (64 FR 65675), and the

Department will direct Customs to

refund any cash deposits made, or

bonds posted, on any subject

merchandise which was entered prior to

the Department’s preliminary

determination publication date of

November 23, 1999. Finally, we will

instruct Customs to liquidate without

regard to antidumping duties and to

refund all cash deposits, or bonds

posted, for entries of subject

merchandise both produced and

exported by North Andre.

On or after the date of publication of

this notice in the Federal Register,

Customs officers must require, at the

same time as importers would normally

deposit estimated duties, cash deposits

for the subject merchandise equal to the

weighted-average antidumping duty

margins as noted below:

Exporter/manufacturer

Revised

Weightedaverage

margin percentage

North Andre .............................. (1)

Haisheng ................................... 12.03

Lakeside ................................... 27.57

Zhonglu ..................................... 8.98

Oriental ..................................... 9.96

Nannan ..................................... 25.55

Asia ........................................... 14.88

Fuan .......................................... 14.88

Changsha Industrial .................. 14.88

Shandong Foodstuffs ............... 14.88

PRC-wide rate .......................... 51.74

1Excluded.

This notice constitutes the

antidumping duty order with respect to

NFAJC from the PRC, pursuant to

section 735(a) of the Act. Interested

parties may contact the Central Records

Unit, Room B–099 of the main

Commerce building for copies of an

updated list of antidumping duty orders

currently in effect.

This order is published in accordance

with section 736(a) of the Act and 19

CFR 351.211.

Dated: May 30, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–14029 Filed 6–2–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–351–806]

Silicon Metal From Brazil; Final

Results of Expedited Sunset Review of

Antidumping Duty Order

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

expedited sunset review of silicon metal

from Brazil.

SUMMARY: On November 2, 1999, the

Department of Commerce (‘‘the

Department’’) initiated a sunset review

of the antidumping duty order on

silicon metal from Brazil (64 FR 59160)

pursuant to section 751(c) of the Tariff

Act of 1930, as amended (‘‘the Act’’). On

the basis of a notice of intent to

participate and an adequate substantive

response filed on behalf of domestic

interested parties and inadequate

response (in this case, waivers of

response) from respondent interested

parties, the Department determined to

conduct an expedited review. As a

result of this review, the Department

finds that revocation of the antidumping

duty order would likely lead to

continuation or recurrence of dumping

at the levels indicated in the Final

Results of Review section of this notice.

EFFECTIVE DATE: June 5, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathryn B. McCormick or Carole A.

Showers, Office of Policy for Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW, Washington, DC 20230;

telephone: (202) 482–1930 or (202) 482–

3217, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

Unless otherwise indicated, all

citations to 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 regulations are to 19

CFR part 351 (1999). Guidance on

methodological or analytical issues

relevant to the Department’s conduct of

sunset reviews is set forth in the

Department’s Policy Bulletin 98.3—

Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of

Antidumping and Countervailing Duty

Orders; Policy Bulletin, 63 FR 18871

(April 16, 1998) (‘‘Sunset Policy

Bulletin’’).

Background

On November 2, 1999, the Department

initiated a sunset review of the

antidumping duty order on silicon

metal from Brazil (64 FR 59160),

pursuant to section 751(c) of the Tariff

Act of 1930, as amended (‘‘the Act’’).

The Department received a notice of

intent to participate on behalf of

American Silicon Technologies

(‘‘AST’’), Elkem Metals Company

(‘‘Elkem’’), and Globe Metallurgical Inc.

(‘‘Globe’’) (collectively, ‘‘domestic

interested parties’’), within the

applicable deadline (November 15,

1999) specified in 19 CFR

351.218(d)(1)(i). Domestic interested

parties claimed interested-party status

under section 771(9)(C) of the Act, as

U.S. producers of a domestic like

product.

On November 29, 1999, we received

a waiver of response from respondent

interested parties Companhia Brasileira

Carbureto de Calcio, Camargo Correa

Metais, S.A., Ligas de Aluminio S.A.,

Companhia Ferroligas Minas Gerais—

Minasligas, and RIMA Industrial S.A.,

pursuant to 19 CFR 351.218(d)(2)(i). On

December 2, 1999, we received a waiver

of response from respondent interested

party Eletrosilex Bela Horizonte.

On December 1, 1999, we received a

complete substantive response from

domestic interested parties, within the

30-day deadline specified in the Sunset

Regulations under § 351.218(d)(3)(i).

Domestic interested parties claim that,

in 1990, Elkem, Globe, and four other

domestic producers filed the petition

that resulted in the issuance of the

antidumping duty order on silicon

metal from Brazil (see December 1,

1999, Substantive Response of domestic

interested parties at 2). Domestic

interested parties also claim that at least

one of them has actively participated in

each of the administrative reviews

conducted by the Department, as well as

in a number of related appeals and

remand proceedings. Id. at 3. Without a

substantive response from respondent

35608 Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices

1See Extension of Time Limit for Final Results of

Expedited Five-Year Reviews, 65 FR 11761 (March

6, 2000).

interested parties the Department,

pursuant to 19 CFR 351.218(e)(1)(ii)(C),

determined to conduct an expedited,

120-day review of this order.

In accordance with section

751(c)(5)(C)(v) of the Act, the

Department may treat a review as

extraordinarily complicated if it is a

review of a transition order (i.e., an

order in effect on January 1, 1995). This

review concerns a transition order

within the meaning of section

751(c)(6)(ii) of the Act. Accordingly, on

February 29, 2000, the Department

determined that the sunset review of

silicon metal from Brazil is

extraordinarily complicated, and

extended the time limit for completion

of the final results of this review until

not later than May 30, 2000, in

accordance with section 751(c)(5)(B) of

the Act.1

Scope of Review

The merchandise covered by this

review is silicon metal containing at

least 96.00 percent but less than 99.99

percent of silicon by weight. Also

covered by this review is silicon metal

from Brazil 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 order.

Although the HTS numbers are

provided for convenience and customs

purposes, the written description

remains dispositive.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this sunset

review are addressed in the ‘‘Issues and

Decision Memorandum’’ (‘‘Decision

Memo’’) from Jeffrey A. May, Director,

Office of Policy, Import Administration,

to Troy H. Cribb, Acting Assistant

Secretary for Import Administration,

dated May 30, 2000, which is hereby

adopted by this notice. The issues

discussed in the attached Decision

Memo include the likelihood of

continuation or recurrence of dumping

and the magnitude of the margin likely

to prevail were the order revoked.

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 Commerce building.

In addition, a complete version of the

Decision Memo can be accessed directly

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

import_admin/records/frn. The paper

copy and electronic version of the

Decision Memo are identical in content.

Final Results of Review

We determine that revocation of the

antidumping duty order on silicon

metal from Brazil would be likely to

lead to continuation or recurrence of

dumping at the following percentage

weighted-average margins:

Manufacturer/exporters Margin

(percent)

Companhia Brasileira

Carbureto de Calcio

(‘‘CBCC’’) .............................. 87.79

Camargo Correa Metais, S.A.

(‘‘CCM’’) ................................ 93.20

All Others .................................. 91.06

This notice also serves as the only

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. Timely notification of the

return or 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 five-year (‘‘sunset’’) review and

notice are in accordance with sections

751(c), 752, and 777(i)(1) of the Act.

Dated: May 30, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–14026 Filed 6–2–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–357–804]

Silicon Metal From Argentina; Final

Results of Expedited Sunset Review of

Antidumping Duty Order

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

expedited sunset review of silicon metal

from Argentina.

SUMMARY: On November 2, 1999, the

Department of Commerce (‘‘the

Department’’) initiated a sunset review

of the antidumping duty order on

silicon metal from Argentina (64 FR

59160) pursuant to section 751(c) of the

Tariff Act of 1930, as amended (‘‘the

Act’’). On the basis of a notice of intent

to participate and an adequate

substantive response filed on behalf of

domestic interested parties and

inadequate response (in this case, no

response) from respondent interested

parties, the Department determined to

conduct an expedited review. As a

result of this review, the Department

finds that revocation of the antidumping

duty order would likely lead to

continuation or recurrence of dumping

at the levels indicated in the Final

Results of Review section of this notice.

EFFECTIVE DATE: June 5, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathryn B. McCormick or Carole A.

Showers, Office of Policy for Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW, Washington, DC 20230;

telephone: (202) 482–1930 or (202) 482–

3217, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

Unless otherwise indicated, all

citations to 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 regulations are to 19

CFR part 351 (1999). Guidance on

methodological or analytical issues

relevant to the Department’s conduct of

sunset reviews is set forth in the

Department’s Policy Bulletin 98.3—

Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of

Antidumping and Countervailing Duty

Orders; Policy Bulletin, 63 FR 18871

(April 16, 1998) (‘‘Sunset Policy

Bulletin’’).

Background

On November 2, 1999, the Department

initiated a sunset review of the

antidumping duty order on silicon

metal from Argentina (64 FR 59160),

pursuant to section 751(c) of the Act.

The Department received a notice of

intent to participate on behalf of

American Silicon Technologies

(‘‘AST’’), Elkem Metals Company

(‘‘Elkem’’), and Globe Metallurgical Inc.