[Federal Register Volume 73, Number 3 (Friday, January 4, 2008)]
[Notices]
[Pages 841-842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6106]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-823, A-834-807, A-307-820]


Continuation of Antidumping Duty Orders on Silicomanganese from 
India, Kazakhstan, and Venezuela

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty orders on silicomanganese from 
India, Kazakhstan, and Venezuela would likely lead to continuation or 
recurrence of dumping, and material injury to an industry in the United 
States, the Department is publishing notice of continuation of these 
antidumping duty orders.

DATES: Effective Date:
    November 30, 2007.
    Contact Information: Douglas Kirby or Dana Mermelstein, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3782 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated and the ITC instituted sunset reviews of 
the antidumping duty orders on silicomanganese from India, Kazakhstan, 
and Venezuela, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). See Initiation of Five-Year (``Sunset'') Reviews, 72 
FR 42393 (April 2, 2007) (Notice of Initiation).
    As a result of its review, the Department found that revocation of 
the

[[Page 842]]

 antidumping duty orders would likely lead to continuation or 
recurrence of dumping, and notified the ITC of the magnitude of the 
margins likely to prevail were the orders to be revoked. See 
Silicomanganese from India, Kazakhstan, and Venezuela: Final Results of 
Expedited Five-Year (``Sunset'') Review of the Antidumping Duty Orders, 
72 FR 42393 (August 2, 2007).
    On November 28, 2007, the ITC determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty orders on 
silicomanganese from India, Kazakhstan, and Venezuela would likely lead 
to continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. See Silicomanganese 
from India, Kazakhstan, and Venezuela; 72 FR 67965 (December 3, 2007), 
and USITC Publication 3963 (November 2007), (Inv. No. 731-TA-929-931) 
(Review).

Scope of the Orders

    For purposes of these orders, the products covered are all forms, 
sizes and compositions of silicomanganese, except low-carbon 
silicomanganese, including silicomanganese briquettes, fines and slag. 
Silicomanganese is a ferroalloy composed principally of manganese, 
silicon and iron, and normally contains much smaller proportions of 
minor elements, such as carbon, phosphorous and sulfur. Silicomanganese 
is sometimes referred to as ferrosilicon manganese. Silicomanganese is 
used primarily in steel production as a source of both silicon and 
manganese. Silicomanganese generally contains by weight not less than 4 
percent iron, more than 30 percent manganese, more than 8 percent 
silicon and not more than 3 percent phosphorous. Silicomanganese is 
properly classifiable under subheading 7202.30.0000 of the Harmonized 
Tariff Schedule of the United States (HTSUS). Some silicomanganese may 
also be classified under HTSUS subheading 7202.99.5040.
    The low-carbon silicomanganese excluded from this scope is a ferro 
alloy with the following chemical specifications: minimum 55 percent 
manganese, minimum 27 percent silicon, minimum 4 percent iron, maximum 
0.10 percent phosphorus, maximum 0.10 percent carbon and maximum 0.05 
percent sulfur. Low-carbon silicomanganese is used in the manufacture 
of stainless steel and special carbon steel grades, such as motor 
lamination grade steel, requiring a very low carbon content. It is 
sometimes referred to as ferromanganese-silicon. Low-carbon 
silicomangense is classifiable under HTSUS subheading 7202.99.5040. 
This scope covers all silicomanganese, regardless of its tariff 
classification. Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
remains dispositive.

Continuation of Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty orders would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty orders on silicomanganese from India, Kazakhstan, and Venezuela. 
U.S. Customs and Border Protection will continue to collect antidumping 
duty cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise.
    The effective date of continuation of these orders will be November 
30, 2007. Pursuant to sections 751(c)(2) and 751(c)(6)(A) of the Act, 
the Department intends to initiate the next five-year review of these 
orders not later than October 2012.
    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: December 10, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. 07-6106 Filed 1-3-08; 8:45 am]
BILLING CODE 3510-DS-M