[Federal Register Volume 65, Number 4 (Thursday, January 6, 2000)]
[Notices]
[Pages 758-759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-296]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-804]
Silicon Metal From Argentina; Antidumping Duty Administrative
Review: Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Rescission of Antidumping Duty Administrative Review.
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SUMMARY: On November 4, 1999, the Department of Commerce (``the
Department'') published in the Federal Register (64 FR 60161) a notice
announcing the initiation of an administrative review of the
antidumping duty order on silicon metal from Argentina. This
administrative review covered one Argentine manufacturer and exporter
of silicon metal, Electrometalurgica Andina S.A.I.C. (``Andina''), for
the period of September 1, 1998 through August 31, 1999. The Department
has now rescinded this review as a result of the absence of Andina's
shipments and entries into the United States of subject merchandise
during the period of review.
EFFECTIVE DATE: January 6, 2000.
FOR FURTHER INFORMATION CONTACT: Helen Kramer or Linda Ludwig, Office
of AD/CVD Enforcement, Group III, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0405
or 482-3833, respectively.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended, are 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 citations to the Department's regulations are to the regulations
codified at 19 CFR part 351 (1999).
Scope of Review
The product covered by this review is silicon metal. During the
less-than-fair-value (LTFV) investigation, silicon metal was described
as containing at least 96.00 percent, but less than 99.99 percent,
silicon by weight. In response to a request by the petitioners for
clarification of the scope of the antidumping duty order on silicon
metal from the People's Republic of China, the Department determined
that material with a higher aluminum content containing between 89 and
96 percent silicon by weight is the same class or kind of merchandise
as silicon metal described in the LTFV investigation. See Final Scope
Rulings--Antidumping Duty Orders on Silicon Metal From the People's
Republic of China, Brazil and Argentina (February 3, 1993). Therefore,
such material is within the scope of the orders on silicon metal from
the PRC, Brazil and Argentina. Silicon metal is currently provided for
under subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff
Schedule (HTS) and 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
HTS) is not subject to this review. These HTS subheadings are provided
for convenience and U.S. Customs purposes. Our written description of
the scope of the proceeding is dispositive.
Background
On September 9, 1999, the Department published a notice of
opportunity to request an administrative review of the antidumping duty
order on silicon metal from Argentina (64 FR 48890). On September 30,
1999, petitioners in this proceeding, requested a review of sales made
by Andina during the period September 1, 1998 through August 31, 1999.
On November 4, 1999, the Department initiated an administrative review
(64 FR 60161).
On November 23, 1999, Andina submitted a certification to the
Department that it did not, directly or indirectly, enter for
consumption, or sell, export, or ship for entry for consumption in the
United States subject merchandise during the period of review. The
Department performed a customs query for entries from Argentina
classified under HTS numbers 2804.69.10 and 2804.69.50 during the
period of review and found no entries during that time period. In
response to a telephone inquiry, counsel for petitioners stated they
had no information to the contrary. See Memorandum to the File from
Helen M. Kramer dated November 30, 1999. Therefore, we have determined
that Andina made no entries of the subject merchandise into the customs
territory of the United States during the period of review.
[[Page 759]]
Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an
administrative review, in whole or only with respect to a particular
exporter or producer, if the Secretary concludes that, during the
period covered by the review, there were no entries, exports, or sales
of the subject merchandise. In light of the fact that we determined
that Andina did not export the subject merchandise into the territory
of the United States during the POR in question, and there were no
entries made by any other exporter or producer in Argentina, we are
rescinding this review. This notice is published in accordance with 19
CFR 351.213(d)(4).
Dated: December 29, 1999.
Richard O. Weible,
Acting Deputy Assistant Secretary, Enforcement Group III.
[FR Doc. 00-296 Filed 1-5-00; 8:45 am]
BILLING CODE 3510-DS-P
