[Federal Register Volume 66, Number 37 (Friday, February 23, 2001)]
[Notices]
[Pages 11256-11257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4536]


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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.

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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

[[Page 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:

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/exporter                      (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/importer-specific 
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