Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 46587 

1Petitioner 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. 

Dated: August 5, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–18478 Filed 8–8–08; 8:45 am] 

BILLING CODE 3510–DS–S 

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rescinded this review for certain 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. 

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 


rmajette on PRODPC74 with NOTICES
46588 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 

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 

PRC–Wide Entity2 ........ 139.49 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–863 

Sixth Administrative Review of Honey 

from the People’s Republic of China: 

Extension of Time Limit for the 

Preliminary Results 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 11, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bertrand, 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) 482–3207. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 28, 2008, the Department 

of Commerce (‘‘Department’’) published 

a notice of initiation of an 

administrative review of honey from the 

People’s Republic of China (‘‘PRC’’), 

covering the period December 1, 2006—

November 30, 2007. See Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews and Request for 

Revocation in Part, 73 FR 4829 (January 

28, 2008) (‘‘Initiation’’). On April 2, 

2008, after receiving comments on U.S. 

Customs and Border Protection data, the 

Department selected the mandatory 

respondents for this review. From May 


rmajette on PRODPC74 with NOTICES