11256 Federal Register / Vol. 66, No. 37 / Friday, February 23, 2001 / Notices

orders will be the date of publication in

the Federal Register of this Notice of

Continuation. Pursuant to section

751(c)(2) and 751(c)(6) of the Act, the

Department intends to initiate the next

five-year review of these orders not later

than January 2006. This notice is

published pursuant to section 703(c)(2)

of the Act. Effective January 20, 2001,

Bernard T. Carreau is fulfilling the

duties of the Assistant Secretary for

Import Administration.

Dated: February 6, 2001.

Bernard T. Carreau,

Deputy Assistant Secretary, AD/CVD

Enforcement II.

[FR Doc. 01–4533 Filed 2–22–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–351–806]

Silicon Metal From Brazil; Final

Results of Antidumping Duty

Administrative Review and

Determination Not To Revoke in Part

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

antidumping duty administrative

review.

SUMMARY: On August 4, 2000, the

Department of Commerce (the

‘‘Department’’) published the

preliminary results of administrative

review of the antidumping duty order

on silicon metal from Brazil. The

merchandise covered by this order is

silicon metal from Brazil. The review

covers five manufacturers/exporters:

Rima Industrial SA (‘‘RIMA’’),

Companhia Ferroligas Minas Gerais—

Minasligas (‘‘Minasligas’’), Ligas de

Aluminia S.A. (‘‘LIASA’’), Companhia

Carbureto de Calcio (‘‘CBCC’’),

Eletrosilex S.A. (‘‘Eletrosilex’’). The

period of review (‘‘POR’’) is July 1,

1998, through June 30, 1999.

Based on our analysis of the

comments received, we have made

changes in the margin calculations.

Therefore, the final results differ from

the preliminary results. The final

weighted-average dumping margins for

the reviewed firms are listed below in

the section entitled Final Results of the

Review.

EFFECTIVE DATE: February 23, 2001.

FOR FURTHER INFORMATION CONTACT:

Maisha Cryor (RIMA), telephone: (202)

482–5831; Nova Daly (Eletrosilex and

Minasligas), 482–0989; Mark Manning

(LIASA), 482–3936, and Zev Primor

(CBCC), 482–4114; AD/CVD

Enforcement, Office IV, Group II, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (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’s regulations are to 19

CFR part 351 (2000).

Background

On August 4, 2000, the Department

published the preliminary results of

administrative review of the

antidumping duty order on silicon

metal from Brazil. See Silicon Metal

From Brazil: Preliminary Results of

Antidumping Duty Administrative

Review and Notice of Intent Not To

Revoke Order in Part, 65 FR 47960

(August 4, 2000). The review covers five

manufacturers/exporters, RIMA, LIASA,

CBCC, Minasligas and Eletrosilex. The

POR is July 1, 1998, through June 30,

1999. We invited parties to comment on

our preliminary results of review. We

received comments on October 2, 2000,

from RIMA, LIASA, CBCC, Eletrosilex

and from American Silicon

Technologies (‘‘AST’’), Elkem Metals

Company (‘‘Elkem’’) and Globe

Metallugical Inc. (‘‘Globe’’) (collectively

‘‘petitioners’’). On October 16, 2000, we

received a rebuttal brief from

petitioners, RIMA, LIASA, and CBCC.

We held a public hearing on October 25,

2000, to give interested parties the

opportunity to express their views

directly to the Department. The

Department has conducted this

administrative review in accordance

with section 751 of the Act.

Scope of Review

The merchandise covered by this

administrative review is silicon metal

from Brazil containing at least 96.00

percent but less than 99.99 percent

silicon by weight. Also covered by this

administrative review is silicon metal

from Brazil containing between 89.00

and 96.00 percent silicon by weight but

which contains more aluminum than

the silicon metal containing at least

96.00 percent but less than 99.99

percent silicon by weight. 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 silicon and provided for

in subheading 2804.61.00 of the HTS) is

not subject to the order. Although the

HTS item numbers are provided for

convenience and for U.S. Customs

purposes, the written description

remains dispositive.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

administrative review are addressed in

the ‘‘Issues and Decision Memorandum’’

(‘‘Decision Memorandum’’), dated

January 31, 2001, which is hereby

adopted by this notice. A list of the

issues which parties have raised and to

which we have responded, all of which

are in the Decision Memorandum, is

attached to this notice as an Appendix.

Parties can find a complete discussion

of all issues raised in this review and

the corresponding recommendations in

this public memorandum which is on

file in the Central Records Unit, room

B–099 (‘‘B–099’’) of the main

Department building. In addition, a

complete version of the Decision

Memorandum can be accessed directly

on the Web at www.ia.ita.doc.gov. The

paper copy and electronic version of the

Decision Memorandum are identical in

content.

Determination Not To Revoke CBCC

and LIASA

LIASA

After review of the criteria outlined at

sections 351.222(b) and 351.222(d) of

the Department’s regulations, the

Department’s practice, the comments of

the parties, and the evidence on the

record, we have determined that the

requirements for revocation have not

been met. For the reasons outlined in

the Decision Memorandum, we have

determined not to revoke the

antidumping duty order with respect to

subject merchandise produced and also

exported by LIASA because its sales

were not made in commercial quantities

in accordance with 19 CFR 351.222(e).

See, Memorandum Regarding ‘‘Eighth

Administrative Review: Commercial

Quantities,’’ dated July 30, 2000.

CBCC

After review of the record, the

Department determines that although

CBCC has had zero or de minimis

dumping margins for the previous two

review periods, during the current

review CBCC’s weight-averaged

Federal Register / Vol. 66, No. 37 / Friday, February 23, 2001 / Notices 11257

dumping margin is determined to be

0.63 percent, above the de minimis rate.

A rate must be below 0.50 percent to be

de minimis. See, 19 CFR 351.106(c).

Consequently, CBCC has not made sales

of subject merchandise ‘‘at not less than

NV for a period of at least three

consecutive years’’ as required by the

Department’s regulations. Because one

of the requirements to qualify for

revocation has not been met, the

Department has not addressed the issues

of commercial quantities and whether

the continued application of the

antidumping duty order is necessary to

offset dumping with regard to CBCC. As

a result of our analysis of factual

information submitted to us during the

course of this review, we determine not

to revoke this order with respect to

CBCC.

Changes Since the Preliminary Results

Based on our analysis of comments

received, we have made certain changes

in the margin calculations. These

changes are discussed in the relevant

sections of the Decision Memorandum,

accessible in B–099 and on the Web at

www.ia.ita.doc.gov.

Final Results of Review

We determine that the following

percentage weighted-average margins

exist for the period July 1, 1998, through

June 30, 1999:

Manufacturer/exporter Margin

(percent)

RIMA ............................................. 0.00

MINASLIGAS ................................ 0.00

LIASA ............................................ 0.00

CBCC ............................................ 0.63

ELETROSILEX ............................. 93.20

The Department shall determine, and

Customs shall assess, antidumping

duties on all appropriate entries. In

accordance with 19 CFR 351.212(b), we

have calculated exporter/importerspecific assessment rates. With respect

to export price, we divided the total

dumping margins for the reviewed sales

by the total entered value of those

reviewed sales for each importer. We

will direct Customs to liquidate without

regard to antidumping duties any

entries for which the assessment rate is

de minimis, i.e., less than 0.5 percent.

Cash Deposit Requirements

The following deposit requirements

will be effective upon publication of

this notice of final results of

administrative review for all shipments

of silicon metal from Brazil entered, or

withdrawn from warehouse, for

consumption on or after the date of

publication, as provided by section

751(a)(1) of the Act: (1) The cash deposit

rate for the reviewed companies will be

the rate shown above, except if the rate

is less than 0.5 percent, and therefore de

minimis, the cash deposit rate will be

zero; (2) for previously reviewed or

investigated companies not listed above,

the cash deposit rate will continue to be

the company-specific rate published for

the most recent period; (3) if the

exporter is not a firm covered in this

review, a prior review, or the original

less-than-fair-value (‘‘LTFV’’)

investigation, but the manufacturer is,

the cash deposit rate will be the rate

established for the most recent period

for the manufacturer of the

merchandise; and (4) the cash deposit

rate for all other manufacturers or

exporters will continue to be 91.06

percent. This rate is the ‘‘All Others’’

rate from the LTFV investigation. These

deposit requirements shall remain in

effect until publication of the final

results of the next administrative

review.

This notice also serves as a final

reminder to importers of their

responsibility under 19 CFR 351.402(f)

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

antidumping duties occurred and the

subsequent assessment of doubled

antidumping duties.

This notice also serves as a reminder

to parties subject to administrative

protective order (APO) of their

responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with 19 CFR 351.305. Timely

notification of return/destruction of

APO materials or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulations

and the terms of an APO is a

sanctionable violation.

We are issuing and publishing this

determination and notice in accordance

with sections 751(a)(1) and 777(i) of the

Act.

Dated: January 31, 2001.

Timothy J. Hauser,

Acting Under Secretary for International

Trade.

Appendix—Issues in Decision

Memorandum Comments and

Responses

1. Requirements for Revocation with

Respect to LIASA

2. Calculation of Home Market Imputed

Credit Expenses for RIMA

3. Total Adverse Facts Available (‘‘FA’’) for

Eletrosilex

4. Calculation of Home Market Imputed

Credit Expenses for CBCC

5. Circumstance of Sale Adjustment

(‘‘COS’’) for CBCC

6. Calculation of Financial Expense Ratio

for CBCC

7. CBCC’s Consolidated Financial

Statement

8. CBCC’s Short-Term Income Offset

9. Allocation of CBCC’s Indirect Labor

Costs

10. Determination Not To Revoke CBCC

and LIASA

[FR Doc. 01–4536 Filed 2–22–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–475–828, A–557–809, A–565–801]

Antidumping Duty Orders: Stainless

Steel Butt-Weld Pipe Fittings From

Italy, Malaysia, and the Philippines

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of antidumping duty

orders.

EFFECTIVE DATE: February 23, 2001.

FOR FURTHER INFORMATION CONTACT:

Helen Kramer (Italy) at (202) 482–0405,

Juanita Chen (Malaysia) at (202) 482–

0409, or Fred Baker (Philippines) at

(202) 482–2924, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230.

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the Tariff Act) are references

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 references to the

Department of Commerce’s (the

Department’s) regulations are to 19 CFR

Part 351 (1999).

Scope of Investigation

For purposes of these orders, the

product covered is certain stainless steel

butt-weld pipe fittings (butt-weld

fittings). Butt-weld pipe fittings are

under 14 inches in outside diameter

(based on nominal pipe size), whether

finished or unfinished. The product

encompasses all grades of stainless steel

and ‘‘commodity’’ and ‘‘specialty’’

fittings. Specifically excluded from the