[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Notices]
[Pages 46587-46588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18477]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-806


Final Results and Final Partial Rescission of Antidumping Duty 
Administrative Review: Silicon Metal From the People's Republic of 
China

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

EFFECTIVE DATE: August 11, 2008.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Scot Fullerton, 
AD/CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4031 and (202) 482-1386, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2007, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
silicon metal from the People's Republic of China (``PRC'') for the 
period of review (``POR'') June 1, 2006, through May 31, 2007. See 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity to Request Administrative Review, 72 FR 
30542 (June 1, 2007). On July 2, 2007, Globe Metallurgical Inc. 
(``Petitioner''), requested that the Department conduct an 
administrative review of 18 companies (collectively, ``Respondents''). 
On August 6, 2007, the Department published a notice of initiation of 
an antidumping duty administrative review on silicon metal from the 
PRC, in which it initiated a review of these Respondents. See Notice of 
Initiation of the Administrative Review of the Antidumping Duty Order 
on Silicon Metal from the People's Republic of China, 72 FR 43597 
(August 6, 2007) (``Initiation Notice'').
    On March 7, 2008, we preliminarily rescinded this review for 
certain companies based on evidence on the record indicating that there 
were no entries into the United States, and applied adverse facts 
available (``AFA'') to other companies which did not respond to our 
quantity and value (``Q&V'') questionnaire. See Silicon Metal From The 
People's Republic of China: Preliminary Results and Preliminary Partial 
Rescission of Antidumping Duty Administrative Review, 73 FR 12378 
(March 7, 2008) (``Preliminary Results''). We invited interested 
parties to submit comments on our Preliminary Results. We received a 
case brief from Petitioner on April 8, 2008 (``Petitioner Case 
Brief''). No other comments were submitted by any interested party. On 
June 12, 2008, we held public and closed hearings, and the transcripts 
for these hearings were placed on the record on June 19, 2008.

Scope of the Order

    The product covered by the order is silicon metal containing at 
least 96.00 but less than 99.99 percent of silicon by weight, and 
silicon metal with a higher aluminum content containing between 89 and 
96 percent silicon by weight. The subject merchandise is currently 
classifiable under item numbers 2804.69.10 and 2804.69.50 of the 
Harmonized Tariff Schedule of the United States (``HTSUS'') 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 HTSUS) is not subject to this order. This order is 
not limited to silicon metal used only as an alloy agent or in the 
chemical industry. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.

Period of Review

    The POR is June 1, 2006, through May 31, 2007.

Analysis of Comments Received

    All issues raised in Petitioner's April 8, 2008 case brief are 
addressed in the Silicon Metal from the People's Republic of China: 
Issues and Decision Memorandum for the Final Results in the 2006-2007 
Administrative Review from Stephen J. Claeys, Deputy Assistant 
Secretary, to David M. Spooner, Assistant Secretary, dated August 4, 
2008, (``I&D Memo''), which is hereby adopted by this notice. A list of 
the issues raised, all of which are addressed in the I&D Memo, is 
attached to this notice as Appendix I. Parties can find a complete 
discussion of all issues raised in the briefs and the corresponding 
recommendations in this public memorandum, which is on file in the 
Central Records Unit (``CRU''), room 1117 of the Department of 
Commerce. In addition, a complete version of the I&D Memo can be 
accessed directly on the internet at http://trade.gov/ia. The paper 
copy and electronic version of the I&D Memo are identical in content.

Final Rescission of Review

    In the Preliminary Results, the Department issued a notice of 
intent to rescind this administrative review with respect to certain 
companies, as Jiangxi Gangyuan Silicon Industry (``Gangyuan''); MPM 
Silicones, LLC (``MPM''); GE Silicones Canada (``GE Silicones''); 
Global Minerals Corp. (``GMC''); Transtrading House Ltd. 
(``Transtrading''); Lorbec Metals Ltd. (``Lorbec''); Carbonsi 
Mettalurgical Inc. (``Carbonsi''); Crown All Corporation (``Crown 
All''); Ferro-Alliages& Mineraux Inc. (``Ferro-Alliages''); Chemical & 
Alloy Inc. (``C&A''); IMMECC Resources Inc. (``IMMECC''); and Bomet 
(Canada) Inc. (``Bomet''), each certified that they did not export 
silicon metal from China to the United States during the POR. See 
Preliminary Results, 73 FR 12378. Subsequent to the Preliminary 
Results, Petitioners again claimed that record evidence indicated that 
Ferro-Alliages may have transshipped silicon metal to the United States 
through Canada that originated in China.\1\ See Petitioner Case Brief 
at 1-12. Petitioner requested that, given these allegations, the 
Department should investigate whether Ferro-Alliages accurately 
reported the country of origin of the silicon metal that it shipped to 
the United States during the POR. For these final results, however, we 
have determined not to further investigate alleged Ferro-Alliages 
exports of PRC-origin silicon metal, as CBP data indicate that no 
entries exist for PRC-origin silicon metal exported to the United 
States by Ferro-Alliages. In addition, as this is an administrative 
review, not a circumvention or scope inquiry, we find that this is not 
the proper proceeding to pursue Petitioner's claims.
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    \1\ Petitioner first raised the issue of alleged transshipment 
by Ferro-Alliages in its November 13, 2007, submission to the 
Department. See Petitioner's November 13, 2007, submission, at page 
1. The Department addressed these allegations in its Preliminary 
Results. See Preliminary Results, 73 FR at 12379.
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    Because there is no information on the record which indicates that 
Gangyuan; MPM; GE Silicones; GMC; Transtrading; Lorbec; Carbonsi; Crown 
All; Ferro-Alliages; C&A; IMMECC; and Bomet made sales to the United 
States of subject merchandise during the POR, in accordance with 19 CFR 
351.213(d)(3) and consistent with our practice, we are rescinding this 
review

[[Page 46588]]

of the antidumping duty order on silicon metal from the PRC for the 
period of June 1, 2006, through May 31, 2007. See, e.g., Stainless 
Steel Sheet and Strip in Coils from Japan; Final Rescission of 
Antidumping Duty Administrative Review, 71 FR 26041, 26043 (May 3, 
2006).
    In addition, in the Preliminary Results, the Department indicated 
that it was unable to directly serve Global Minerals (Canada), SeaView 
Trading, or Coldstone with its Q&V questionnaire. See Memorandum to the 
File from Kristina Horgan, Senior International Trade Analyst, AD/CVD 
Operations, Office 9, regarding ``Antidumping Duty Administrative 
Review of Silicon Metal from the People's Republic of China: Proof of 
Non-Delivery to Global Minerals (Canada) and SeaView Trading,'' dated 
November 9, 2007; see also Memorandum to the File from Michael Quigley, 
International Trade Analyst, AD/CVD Operations, Office 9, regarding 
``Antidumping Duty Administrative Review of Silicon Metal from the 
People's Republic of China: Record of Mailings to Coldstone Metals 
Inc.,'' dated November 20, 2007 (``Coldstone Memo'').
    In its April 8, 2008, case brief, Petitioners requested that the 
Department apply adverse facts available (``AFA'') to Coldstone for not 
responding to the Department's initial August 24, 2007 Q&V 
questionnaire. The Department finds that we cannot penalize Coldstone 
for not responding to the Department's second Q&V letter, as the 
Department was unable to inform the party of the nature of the 
deficiency on the record. See I&D Memo, at Comment 2. Therefore, the 
Department is rescinding the review with respect to Coldstone, Global 
Minerals (Canada) and SeaView Trading, in accordance with our practice. 
See, e.g., Certain Steel Concrete Reinforcing Bars from Turkey: Final 
Results and Rescission of Antidumping Duty Administrative Review in 
Part, 71 FR 65082, 65083 (November 7, 2006).Use of Facts Otherwise 
Available and the PRC-Wide Rate
    In the Preliminary Results, the Department found that Hunan 
Provincial Import & Export Group Co (PRC) (``Hunan Provincial''), 
Gather Hope Int'l Co., Ltd. (``Gather Hope''), and Alloychem Impex 
Corp. (``Alloychem'') ceased participating in the administrative 
review, as the companies did not respond to the Department's requests 
for Q&V information. As noted in the Preliminary Results, the 
Department found that Hunan Provincial, Gather Hope, and Alloychem did 
not establish their eligibility for separate rate status, and thus such 
entities are deemed part of the PRC-wide entity. As the Department 
found that the PRC-wide entity failed to cooperate to the best of its 
ability in responding to the Department's requests for information, the 
Department assigned the PRC-wide entity a rate based on AFA. The 
Department did not receive comments prior to these final results 
regarding the Department's preliminary application of AFA to the PRC-
wide entity.
    Therefore, for these final results, the Department has not altered 
its decision from the Preliminary Results to apply total AFA to the 
PRC-wide entity accordance with sections 776(a)(2)(A) and (B) and 
section 776(b) of the Act, and has assigned an AFA rate of 139.49 
percent. See Preliminary Results at 12381.

Final Results of Review

    We determine that the following antidumping duty margin exists for 
the period June 1, 2006, through May 31, 2007:

                       Silicon Metal from the PRC
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PRC-Wide Entity\2\..................................              139.49
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\2\ The PRC-Wide Entity includes Hunan Provincial, Gather Hope, and
  Alloychem.

Assessment Rates

    The Department will instruct Customs Border Patrol (``CBP'') to 
assess antidumping duties on all appropriate entries. For those 
companies for which this review has been rescinded, antidumping duties 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(I). 
The Department will issue appropriate assessment instructions directly 
to CBP 15 days after publication of this notice.

Notification to Importers

    This notice serves as a final reminder to importers for whom this 
review is being rescinded, as of the publication date of this notice, 
of their responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and 
the subsequent assessment of double antidumping duties.

Notification Regarding APOs

    This notice also serves as a 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, 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.
    This notice is issued and published in accordance with section 
777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: August 04, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18477 Filed 8-8-08; 8:45 am]
BILLING CODE 3510-DS-S