[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Notices]
[Pages 570-571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-161]
[[Page Unknown]]
[Federal Register: January 5, 1994]
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DEPARTMENT OF COMMERCE
[A-570-824]
Postponement of Final Antidumping Duty Determination and
Correction of Ministerial Errors: Silicon Carbide From the People's
Republic of China
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
ACTION: Notice.
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EFFECTIVE DATE: January 5, 1994.
FOR FURTHER INFORMATION CONTACT: Edward Easton or Steve Alley, Office
of Antidumping Investigations, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1777 or (202) 482-5288, respectively.
Postponement of Final Determination
Hainan Feitian Electrontech Co., Ltd. (Hainan), Shaanxi Minmetals
(Shaanxi), Xiamen Abrasive Co. (Xiamen), 7th Grinding Wheel Factory
Import and Export Corp., Qinghai Metals and Minerals Import & Export
Corp., and The Import and Export Corporation of Inner Mongolia
Autonomous Region, responding exporters in this proceeding, account for
a significant proportion of exports of merchandise covered by this
investigation. On December 1 and 3, 1993, these exporters requested
that the Department of Commerce (the ``Department'') postpone its final
determination until not later than 135 days after the date of
publication of the preliminary determination.
Our November 29, 1993, preliminary determination (58 FR 64549,
December 8, 1993) in this proceeding was affirmative. In accordance
with section 735(a)(2) of the Tariff Act of 1930, as amended (the Act)
and 19 CFR 353.20(b), when, subsequent to an affirmative preliminary
determination, we receive a request for postponement of the final
determination from exporters who account for a significant proportion
of the merchandise under investigation, we are required, absent
compelling reasons for denial, to grant the request. Accordingly, we
are postponing our final determination as to whether sales of silicon
carbide from the PRC have been made at less than fair value until not
later than April 22, 1994.
Amended Preliminary Determination
On December 2, 1993, we disclosed our calculations for the
preliminary determination to counsel for Hainan, Shaanxi, and Xiamen.
On December 7, 1993, we received timely submissions from each of these
three exporters alleging ministerial errors in the Department's
preliminary determination calculations. (For specific details of these
allegations and our analysis of them, see Memorandum from Richard W.
Moreland to Barbara R. Stafford of December 20, 1993).
One of these exporters, Hainan, alleged that the Department made
certain errors with respect to the valuation of freight rates and
packing materials. We agree, and in accordance with procedures set
forth in the proposed regulations, we are amending Hainan's preliminary
dumping margin because the corrections represent a change of more than
five absolute percentage points and more than 25 percent of the dumping
margin calculated in the original (erroneous) preliminary
determination. See Sec. 353.15(g)(4)(ii) of the Department's proposed
regulations, 57 FR 1131 (January 10, 1992). The corrected dumping
margin for Hainan is 50.42 percent.
The rest of the alleged ministerial errors were either not
ministerial in nature or could not be considered a ``significant
ministerial error.'' See Sec. 353.15(g)(4) of the Department's proposed
regulations.
Public Comment
In accordance with 19 CFR 353.38, case briefs or other written
comments in at least ten copies must now be submitted to the Assistant
Secretary for Import Administration no later than March 30, 1994, and
rebuttal briefs, no later than April 4, 1994. In accordance with 19 CFR
353.38(b), we will hold a public hearing, if requested, to afford
interested parties an opportunity to comment on arguments raised in
case or rebuttal briefs. Tentatively, the hearing will now be held on
April 6, 1994, at 10 a.m. at the U.S. Department of Commerce, room
3708, 14th Street and Constitution Avenue, NW., Washington, DC 20230.
Parties should confirm by telephone the time, date, and place of the
hearing 48 hours before the scheduled time.
This notice is published pursuant to section 735(d) of the Act, 19
CFR 353.20(b)(2) and in accordance with procedures set forth in the
Department's proposed regulations, Sec. 353.15(g)(3), 57 FR 1131
(January 10, 1992).
Dated: December 23, 1993.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-161 Filed 1-4-94; 8:45 am]
BILLING CODE 3510-DS-P
