758 Federal Register / Vol. 65, No. 4 / Thursday, January 6, 2000 / Notices

increased market share while

eliminating dumping, we preliminarily

determine that the margins from the

original investigation are probative of

the behavior of exporter without the

discipline of the order.

Based on the above analysis, we

preliminarily intend to report to the

Commission the margins contained in

the Preliminary Results of Review of

this notice.

Preliminary Results of Review

As a result of this review, the

Department preliminarily finds that

revocation of the antidumping duty

order would be likely to lead to

continuation or recurrence of dumping

at the levels indicated below.

Manufacturer/Exporter Margin

(percent)

Komatsu, Ltd. (Komatsu) .......... 15.16

Aida Engineering, Ltd ............... (1)

All Others .................................. 14.51

1Revoked.

Any interested party may request a

hearing within 30 days of publication of

this notice in accordance with 19 CFR

351.310(c). Any hearing, if requested

will be held on February 16, 2000, in

accordance with 19 CFR 351.310(d).

Interested parties may submit case briefs

no later than February 7, 2000, in

accordance with 19 CFR

351.309(c)(1)(i). We invite interested

parties to submit arguments and, as an

exception to our normal practice, factual

evidence related to the issues identified

in these preliminary results. Rebuttal

briefs, which must be limited to issues

raised in the case briefs, may be filed

not later than February 14, 2000.

Rebuttal briefs also may contain factual

evidence to rebut, clarify, or correct

factual evidence submitted in other

parties’ case briefs. The Department will

issue a notice of final results of this

sunset review no later than April 26,

2000.

This five-year (‘‘sunset’’) review and

notice are in accordance with sections

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

Dated: December 28, 1999.

Holly Kuga,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–284 Filed 1–5–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–357–804]

Silicon Metal From Argentina;

Antidumping Duty Administrative

Review: Rescission of Antidumping

Duty Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Rescission of

Antidumping Duty Administrative

Review.

SUMMARY: On November 4, 1999, the

Department of Commerce (‘‘the

Department’’) published in the Federal

Register (64 FR 60161) a notice

announcing the initiation of an

administrative review of the

antidumping duty order on silicon

metal from Argentina. This

administrative review covered one

Argentine manufacturer and exporter of

silicon metal, Electrometalurgica

Andina S.A.I.C. (‘‘Andina’’), for the

period of September 1, 1998 through

August 31, 1999. The Department has

now rescinded this review as a result of

the absence of Andina’s shipments and

entries into the United States of subject

merchandise during the period of

review.

EFFECTIVE DATE: January 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Helen Kramer or Linda Ludwig, Office

of AD/CVD Enforcement, Group III,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, NW, Washington,

DC 20230; telephone (202) 482–0405 or

482–3833, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended, are to the provisions effective

January 1, 1995, the effective date of the

amendments made to the Tariff Act by

the Uruguay Round Agreements Act

(URAA). In addition, unless otherwise

indicated, all citations to the

Department’s regulations are to the

regulations codified at 19 CFR part 351

(1999).

Scope of Review

The product covered by this review is

silicon metal. During the less-than-fairvalue (LTFV) investigation, silicon

metal was described as containing at

least 96.00 percent, but less than 99.99

percent, silicon by weight. In response

to a request by the petitioners for

clarification of the scope of the

antidumping duty order on silicon

metal from the People’s Republic of

China, the Department determined that

material with a higher aluminum

content containing between 89 and 96

percent silicon by weight is the same

class or kind of merchandise as silicon

metal described in the LTFV

investigation. See Final Scope Rulings—

Antidumping Duty Orders on Silicon

Metal From the People’s Republic of

China, Brazil and Argentina (February 3,

1993). Therefore, such material is

within the scope of the orders on silicon

metal from the PRC, Brazil and

Argentina. Silicon metal is currently

provided for under subheadings

2804.69.10 and 2804.69.50 of the

Harmonized Tariff Schedule (HTS) and

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. These

HTS subheadings are provided for

convenience and U.S. Customs

purposes. Our written description of the

scope of the proceeding is dispositive.

Background

On September 9, 1999, the

Department published a notice of

opportunity to request an administrative

review of the antidumping duty order

on silicon metal from Argentina (64 FR

48890). On September 30, 1999,

petitioners in this proceeding, requested

a review of sales made by Andina

during the period September 1, 1998

through August 31, 1999. On November

4, 1999, the Department initiated an

administrative review (64 FR 60161).

On November 23, 1999, Andina

submitted a certification to the

Department that it did not, directly or

indirectly, enter for consumption, or

sell, export, or ship for entry for

consumption in the United States

subject merchandise during the period

of review. The Department performed a

customs query for entries from

Argentina classified under HTS

numbers 2804.69.10 and 2804.69.50

during the period of review and found

no entries during that time period. In

response to a telephone inquiry, counsel

for petitioners stated they had no

information to the contrary. See

Memorandum to the File from Helen M.

Kramer dated November 30, 1999.

Therefore, we have determined that

Andina made no entries of the subject

merchandise into the customs territory

of the United States during the period

of review.

Federal Register / Vol. 65, No. 4 / Thursday, January 6, 2000 / Notices 759

Pursuant to 19 CFR 351.213(d)(3), the

Department may rescind an

administrative review, in whole or only

with respect to a particular exporter or

producer, if the Secretary concludes

that, during the period covered by the

review, there were no entries, exports,

or sales of the subject merchandise. In

light of the fact that we determined that

Andina did not export the subject

merchandise into the territory of the

United States during the POR in

question, and there were no entries

made by any other exporter or producer

in Argentina, we are rescinding this

review. This notice is published in

accordance with 19 CFR 351.213(d)(4).

Dated: December 29, 1999.

Richard O. Weible,

Acting Deputy Assistant Secretary,

Enforcement Group III.

[FR Doc. 00–296 Filed 1–5–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Annual Listing of Foreign Government

Subsidies on Articles of Cheese

Subject to an In-Quota Rate of Duty

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Publication of Annual Listing of

Foreign Government Subsidies on

Articles of Cheese Subject to an InQuota Rate of Duty.

SUMMARY: The Department of

Commerce, in consultation with the

Secretary of Agriculture, has prepared

its annual list of foreign government

subsidies on articles of cheese subject to

an in-quota rate of duty during the

period October 1, 1998 through

September 30, 1999. We are publishing

the current listing of those subsidies

that we have determined exist.

EFFECTIVE DATE: January 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Tipten Troidl, Office of AD/CVD

Enforcement VI, Group II, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Ave., NW, Washington, DC 20230,

telephone: (202) 482–2786.

SUPPLEMENTAL INFORMATION: Section

702(a) of the Trade Agreements Act of

1979 (as amended) (‘‘the Act’’) requires

the Department of Commerce (‘‘the

Department’’) to determine, in

consultation with the Secretary of

Agriculture, whether any foreign

government is providing a subsidy with

respect to any article of cheese subject

to an in-quota rate of duty, as defined

in section 702(g)(b)(4) of the Act, and to

publish an annual list and quarterly

updates of the type and amount of those

subsidies. We hereby provide the

Department’s annual list of subsidies on

articles of cheese that were imported

during the period October 1, 1998

through September 30, 1999.

The Department has developed, in

consultation with the Secretary of

Agriculture, information on subsidies

(as defined in section 702 (g)(b)(2) of the

Act) being provided either directly or

indirectly by foreign governments on

articles of cheese subject to an in-quota

rate of duty. The appendix to this notice

lists the country, the subsidy program or

programs, and the gross and net

amounts of each subsidy for which

information is currently available.

The Department will incorporate

additional programs which are found to

constitute subsidies, and additional

information on the subsidy programs

listed, as the information is developed.

The Department encourages any

person having information on foreign

government subsidy programs which

benefit articles of cheese subject to an

in-quota rate of duty to submit such

information in writing to the Assistant

Secretary for Import Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW,

Washington, DC 20230.

This determination and notice are in

accordance with section 702(a) of the

Act.

Dated: December 29, 1999.

Holly A. Kuga,

Acting Assistant Secretary for Import

Administration.

APPENDIX—SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY

Country Program(s)

Gross 1

subsidy

($/lb)

Net 2

subsidy

($/lb)

Austria ................................................ European Union Restitution Payments .......................................................... 0.19 0.19

Belgium ............................................... EU Restitution Payments ................................................................................ 0.07 0.07

Canada ............................................... Export Assistance on Certain Types of Cheese ............................................ 0.23 0.23

Denmark ............................................. EU Restitution Payments ................................................................................ 0.17 0.17

Finland ................................................ EU Restitution Payments ................................................................................ 0.26 0.26

France ................................................ EU Restitution Payments ................................................................................ 0.15 0.15

Germany ............................................. EU Restitution Payments ................................................................................ 0.19 0.19

Greece ................................................ EU Restitution Payments ................................................................................ 0.00 0.00

Ireland ................................................. EU Restitution Payments ................................................................................ 0.10 0.10

Italy ..................................................... EU Restitution Payments ................................................................................ 0.13 0.13

Luxembourg ........................................ EU Restitution Payments ................................................................................ 0.07 0.07

Netherlands ........................................ EU Restitution Payments ................................................................................ 0.10 0.10

Norway ............................................... Indirect (Milk) Subsidy .................................................................................... 0.34 0.34

Consumer Subsidy ......................................................................................... 0.14 0.14

Total ............................................ ......................................................................................................................... 0.48 0.48

Portugal .............................................. EU Restitution Payments ................................................................................ 0.10 0.10

Spain .................................................. EU Restitution Payments ................................................................................ 0.11 0.11

Switzerland ......................................... Deficiency Payments ...................................................................................... 0.25 0.25

U.K. ..................................................... EU Restitution Payments ................................................................................ 0.13 0.13

1 Defined in 19 U.S.C. 1677(5).

2 Defined in 19 U.S.C. 1677(6).