[Federal Register Volume 65, Number 108 (Monday, June 5, 2000)]
[Notices]
[Pages 35608-35609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14027]


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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.

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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 Five-year (``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.

[[Page 35609]]

(``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 December 1, 1999, we received a complete substantive response 
from domestic interested parties, within the 30-day deadline specified 
in the Sunset Regulations under 19 CFR 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 Argentina (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 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)(C)(ii) of the Act. Accordingly, on February 29, 2000, 
the Department determined that the sunset review of silicon metal from 
Argentina 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\
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    \1\ See Extension of Time Limit for Final Results of Expedited 
Five-Year Reviews, 65 FR 11761 (March 6, 2000).
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Scope of Review

    The merchandise covered by sunset 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 
Argentina 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 (65 FR 5311, February 3, 2000). 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 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 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 the Decision Memo, 
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 Argentina would be likely to lead to continuation or 
recurrence of dumping at the following percentage weighted-average 
margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporters                     (percent)
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Electrometalurgica Andina, S.A.I.C. (``Andina'')...........        17.87
All Others.................................................        17.87
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    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 published in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: May 17, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-14027 Filed 6-2-00; 8:45 am]
BILLING CODE 3510-DS-P