99-28531. Silicon Metal From Argentina, Brazil, and China and Silicomanganese From Brazil, China, and Ukraine  

  • [Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
    [Notices]
    [Pages 59209-59211]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-28531]
    
    
    
    [[Page 59209]]
    
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    INTERNATIONAL TRADE COMMISSION
    
    [Investigations Nos. 731-TA-470-472 and 671-673 (Review)]
    
    
    Silicon Metal From Argentina, Brazil, and China and 
    Silicomanganese From Brazil, China, and Ukraine
    
    AGENCY: United States International Trade Commission.
    
    ACTION: Institution of five-year reviews concerning the antidumping 
    duty orders on silicon metal from Argentina, Brazil, and China; the 
    antidumping duty orders on silicomanganese from Brazil and China; and 
    the suspended investigation on silicomanganese from Ukraine.
    
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    SUMMARY: The Commission hereby gives notice that it has instituted 
    reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
    Sec. 1675(c)) (the Act) to determine whether revocation of the 
    antidumping duty orders on silicon metal from Argentina, Brazil, and 
    China; the antidumping duty orders on silicomanganese from Brazil and 
    China; and the suspended investigation on silicomanganese from Ukraine 
    would be likely to lead to continuation or recurrence of material 
    injury. Pursuant to section 751(c)(2) of the Act, interested parties 
    are requested to respond to this notice by submitting the information 
    specified below to the Commission; 1 to be assured of 
    consideration, the deadline for responses is December 21, 1999. 
    Comments on the adequacy of responses may be filed with the Commission 
    by January 13, 2000.
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        \1\  No response to this request for information is required if 
    a currently valid Office of Management and Budget (OMB) number is 
    not displayed; the OMB number is 3117-0016/USITC No. 99-5-037, 
    expiration date July 31, 2002. Public reporting burden for the 
    request is estimated to average 7 hours per response. Please send 
    comments regarding the accuracy of this burden estimate to the 
    Office of Investigations, U.S. International Trade Commission, 500 E 
    Street, SW, Washington, DC 20436.
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        For further information concerning the conduct of these reviews and 
    rules of general application, consult the Commission's Rules of 
    Practice and Procedure, part 201, subparts A through E (19 CFR part 
    201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent 
    amendments to the Rules of Practice and Procedure pertinent to five-
    year reviews, including the text of subpart F of part 207, are 
    published at 63 F.R. 30599, June 5, 1998, and may be downloaded from 
    the Commission's World Wide Web site at http://www.usitc.gov/
    rules.htm.Q02
    EFFECTIVE DATE: November 2, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera 
    Libeau (202-205-3176), Office of Investigations, U.S. International 
    Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
    impaired persons can obtain information on this matter by contacting 
    the Commission's TDD terminal on 202-205-1810. Persons with mobility 
    impairments who will need special assistance in gaining access to the 
    Commission should contact the Office of the Secretary at 202-205-2000. 
    General information concerning the Commission may also be obtained by 
    accessing its internet server (http://www.usitc.gov).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        On the dates listed below, the Department of Commerce issued 
    antidumping duty orders on the subject imports:
    
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                  Order date                      Product/country                Inv. No.               F.R. cite
    ----------------------------------------------------------------------------------------------------------------
    6/10/91...............................  Silicon metal/China.......  731-TA-472................     56 F.R. 26649
    7/31/91...............................  Silicon metal/Brazil......  731-TA-471................     56 F.R. 36135
    9/26/91...............................  Silicon metal/Argentina...  731-TA-470................     56 F.R. 48779
    12/22/94..............................  Silicomanganese/Brazil....  731-TA-671................     59 F.R. 66003
    12/22/94..............................  Silicomanganese/China.....  731-TA-672................     59 F.R. 66003
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        On October 31, 1994, the Department of Commerce suspended an 
    antidumping duty investigation (Inv. No. 731-TA-673) on imports of 
    silicomanganese from Ukraine (59 F.R. 60951, Nov. 29, 1994). The 
    Commission is conducting reviews to determine whether revocation of the 
    orders and termination of the suspended investigation would be likely 
    to lead to continuation or recurrence of material injury to the 
    domestic industry within a reasonably foreseeable time. It will assess 
    the adequacy of interested party responses to this notice of 
    institution to determine whether to conduct full reviews or an 
    expedited reviews. The Commission's determinations in any expedited 
    reviews will be based on the facts available, which may include 
    information provided in response to this notice.
    
    Definitions
    
        The following definitions apply to these reviews:
        (1) Subject Merchandise is the class or kind of merchandise that is 
    within the scope of the five-year reviews, as defined by the Department 
    of Commerce.
        (2) The Subject Countries in these reviews are Argentina, Brazil, 
    China, and Ukraine.
        (3) The Domestic Like Product is the domestically produced product 
    or products which are like, or in the absence of like, most similar in 
    characteristics and uses with, the Subject Merchandise. In its original 
    determinations concerning silicon metal, the Commission found one 
    Domestic Like Product: silicon metal, regardless of grade, having a 
    silicon content of at least 96.00 percent but less than 99.99 percent 
    of silicon by weight, and excluding semiconductor grade silicon. In its 
    original determinations concerning silicomanganese, the Commission 
    found one Domestic Like Product: all silicomanganese. For purposes of 
    this notice, you should report information separately on each of the 
    following Domestic Like Products: (1) silicon metal, regardless of 
    grade, having a silicon content of at least 96.00 percent but less than 
    99.99 percent of silicon by weight, and excluding semiconductor grade 
    silicon and (2) all silicomanganese.
        (4) The Domestic Industry is the U.S. producers as a whole of the 
    Domestic Like Product, or those producers whose collective output of 
    the Domestic Like Product constitutes a major proportion of the total 
    domestic production of the product. In its original determinations 
    concerning silicon metal, the Commission found one Domestic Industry: 
    producers of silicon metal, regardless of grade, having a silicon 
    content of at least 96.00 percent but less than 99.99 percent of 
    silicon by weight, and excluding semiconductor grade silicon. In its 
    original determinations concerning silicomanganese, the Commission one 
    Domestic Industry: producers of silicomanganese. For purposes of this 
    notice, you should report information separately on each of
    
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    the following Domestic Industries: (1) producers of silicon metal, 
    regardless of grade, having a silicon content of at least 96.00 percent 
    but less than 99.99 percent of silicon by weight, and excluding 
    semiconductor grade silicon and (2) producers of silicomanganese.
        (5) The Order Dates are the dates that the antidumping duty orders 
    under review became effective and the investigation was suspended. In 
    these reviews, the Order Dates are as shown in the preceding 
    tabulation.
        (6) An Importer is any person or firm engaged, either directly or 
    through a parent company or subsidiary, in importing the Subject 
    Merchandise into the United States from a foreign manufacturer or 
    through its selling agent.
    
    Participation in the Reviews and Public Service List
    
        Persons, including industrial users of the Subject Merchandise and, 
    if the merchandise is sold at the retail level, representative consumer 
    organizations, wishing to participate in the reviews as parties must 
    file an entry of appearance with the Secretary to the Commission, as 
    provided in section 201.11(b)(4) of the Commission's rules, no later 
    than 21 days after publication of this notice in the Federal Register. 
    The Secretary will maintain a public service list containing the names 
    and addresses of all persons, or their representatives, who are parties 
    to the reviews.
    
    Limited Disclosure of Business Proprietary Information (BPI) Under 
    an Administrative Protective Order (APO) and APO Service List
    
        Pursuant to section 207.7(a) of the Commission's rules, the 
    Secretary will make BPI submitted in these reviews available to 
    authorized applicants under the APO issued in the reviews, provided 
    that the application is made no later than 21 days after publication of 
    this notice in the Federal Register. Authorized applicants must 
    represent interested parties, as defined in 19 U.S.C. Sec. 1677(9), who 
    are parties to the reviews. A separate service list will be maintained 
    by the Secretary for those parties authorized to receive BPI under the 
    APO.
    
    Certification
    
        Pursuant to section 207.3 of the Commission's rules, any person 
    submitting information to the Commission in connection with these 
    reviews must certify that the information is accurate and complete to 
    the best of the submitter's knowledge. In making the certification, the 
    submitter will be deemed to consent, unless otherwise specified, for 
    the Commission, its employees, and contract personnel to use the 
    information provided in any other reviews or investigations of the same 
    or comparable products which the Commission conducts under Title VII of 
    the Act, or in internal audits and investigations relating to the 
    programs and operations of the Commission pursuant to 5 U.S.C. Appendix 
    3.
    
    Written Submissions
    
        Pursuant to section 207.61 of the Commission's rules, each 
    interested party response to this notice must provide the information 
    specified below. The deadline for filing such responses is December 21, 
    1999. Pursuant to section 207.62(b) of the Commission's rules, eligible 
    parties (as specified in Commission rule 207.62(b)(1)) may also file 
    comments concerning the adequacy of responses to the notice of 
    institution and whether the Commission should conduct expedited or full 
    reviews. The deadline for filing such comments is January 13, 2000. All 
    written submissions must conform with the provisions of sections 201.8 
    and 207.3 of the Commission's rules and any submissions that contain 
    BPI must also conform with the requirements of sections 201.6 and 207.7 
    of the Commission's rules. The Commission's rules do not authorize 
    filing of submissions with the Secretary by facsimile or electronic 
    means. Also, in accordance with sections 201.16(c) and 207.3 of the 
    Commission's rules, each document filed by a party to the reviews must 
    be served on all other parties to the reviews (as identified by either 
    the public or APO service list as appropriate), and a certificate of 
    service must accompany the document (if you are not a party to the 
    reviews you do not need to serve your response).
    
    Inability To Provide Requested Information
    
        Pursuant to section 207.61(c) of the Commission's rules, any 
    interested party that cannot furnish the information requested by this 
    notice in the requested form and manner shall notify the Commission at 
    the earliest possible time, provide a full explanation of why it cannot 
    provide the requested information, and indicate alternative forms in 
    which it can provide equivalent information. If an interested party 
    does not provide this notification (or the Commission finds the 
    explanation provided in the notification inadequate) and fails to 
    provide a complete response to this notice, the Commission may take an 
    adverse inference against the party pursuant to section 776(b) of the 
    Act in making its determinations in the reviews.
    
    Information To Be Provided in Response to This Notice of 
    Institution
    
        Please provide the requested information separately for each 
    Domestic Like Product, as defined above, and for each of the products 
    identified by Commerce as Subject Merchandise. If you are a domestic 
    producer, union/worker group, or trade/business association; import/
    export Subject Merchandise from more than one Subject Country; or 
    produce Subject Merchandise in more than one Subject Country, you may 
    file a single response. If you do so, please ensure that your response 
    to each question includes the information requested for each pertinent 
    Subject Country. As used below, the term ``firm'' includes any related 
    firms.
        (1) The name and address of your firm or entity (including World 
    Wide Web address if available) and name, telephone number, fax number, 
    and E-mail address of the certifying official.
        (2) A statement indicating whether your firm/entity is a U.S. 
    producer of the Domestic Like Product to which your response pertains, 
    a U.S. union or worker group, a U.S. importer of the Subject 
    Merchandise, a foreign producer or exporter of the Subject Merchandise, 
    a U.S. or foreign trade or business association, or another interested 
    party (including an explanation). If you are a union/worker group or 
    trade/business association, identify the firms in which your workers 
    are employed or which are members of your association.
        (3) A statement indicating whether your firm/entity is willing to 
    participate in these reviews by providing information requested by the 
    Commission.
        (4) A statement of the likely effects of the revocation of the 
    antidumping duty orders and termination of the suspended investigation 
    on each Domestic Industry for which you are filing a response in 
    general and/or your firm/entity specifically. In your response, please 
    discuss the various factors specified in section 752(a) of the Act (19 
    U.S.C. 1675a(a)) including the likely volume of subject imports, likely 
    price effects of subject imports, and likely impact of imports of 
    Subject Merchandise on the Domestic Industry.
        (5) A list of all known and currently operating U.S. producers of 
    each Domestic Like Product for which you are filing a response. 
    Identify any known related parties and the nature of the relationship 
    as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
    
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        (6) A list of all known and currently operating U.S. importers of 
    the Subject Merchandise and producers of the Subject Merchandise in the 
    Subject Countries that currently export or have exported Subject 
    Merchandise to the United States or other countries since the years the 
    petitions were filed. The Subject Merchandise, the Subject Countries, 
    and the years the petitions were filed are listed below:
    
     
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                  Subject merchandise/subject countries                Years
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    Silicon metal/Argentina, Brazil, and China......................    1990
    Silicomanganese/Brazil, China, and Ukraine......................    1993
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        (7) If you are a U.S. producer of a Domestic Like Product, provide 
    the following information separately on your firm's operations on each 
    product during calendar year 1998 (report quantity data for silicon 
    metal in gross tons; quantity data for silicomanganese in short tons; 
    and value data in thousands of U.S. dollars, f.o.b. plant). If you are 
    a union/worker group or trade/business association, provide the 
    information, on an aggregate basis, for the firms in which your workers 
    are employed/which are members of your association.
        (a) Production (quantity) and, if known, an estimate of the 
    percentage of total U.S. production of each Domestic Like Product 
    accounted for by your firm's(s') production;
        (b) The quantity and value of U.S. commercial shipments of each 
    Domestic Like Product produced in your U.S. plant(s); and
        (c) The quantity and value of U.S. internal consumption/company 
    transfers of the Domestic Like Product produced in your U.S. plant(s).
        (8) If you are a U.S. importer or a trade/business association of 
    U.S. importers of the Subject Merchandise from the Subject Countries, 
    provide the following information on your firm's(s') operations on that 
    product during calendar year 1998 (report quantity data for silicon 
    metal in gross tons; quantity data for silicomanganese in short tons; 
    and value data in thousands of U.S. dollars). If you are a trade/
    business association, provide the information, on an aggregate basis, 
    for the firms which are members of your association.
        (a) The quantity and value (landed, duty-paid but not including 
    antidumping or countervailing duties) of U.S. imports and, if known, an 
    estimate of the percentage of total U.S. imports of Subject Merchandise 
    from the Subject Countries accounted for by your firm's(s') imports;
        (b) The quantity and value (f.o.b. U.S. port, including antidumping 
    and/or countervailing duties) of U.S. commercial shipments of Subject 
    Merchandise imported from the Subject Countries; and
        (c) The quantity and value (f.o.b. U.S. port, including antidumping 
    and/or countervailing duties) of U.S. internal consumption/company 
    transfers of Subject Merchandise imported from the Subject Country.
        (9) If you are a producer, an exporter, or a trade/business 
    association of producers or exporters of the Subject Merchandise in the 
    Subject Countries, provide the following information on your firm's(s') 
    operations on that product during calendar year 1998 (report quantity 
    data for silicon metal in gross tons; quantity data for silicomanganese 
    in short tons; and value data in thousands of U.S. dollars, landed and 
    duty-paid at the U.S. port but not including antidumping or 
    countervailing duties). If you are a trade/business association, 
    provide the information, on an aggregate basis, for the firms which are 
    members of your association.
        (a) Production (quantity) and, if known, an estimate of the 
    percentage of total production of Subject Merchandise in the Subject 
    Countries accounted for by your firm's(s') production; and
        (b) The quantity and value of your firm's(s') exports to the United 
    States of Subject Merchandise and, if known, an estimate of the 
    percentage of total exports to the United States of Subject Merchandise 
    from the Subject Countries accounted for by your firm's(s') exports.
        (10) Identify significant changes, if any, in the supply and demand 
    conditions or business cycle for each Domestic Like Product that have 
    occurred in the United States or in the market for the Subject 
    Merchandise in the Subject Countries since the Order Dates, and 
    significant changes, if any, that are likely to occur within a 
    reasonably foreseeable time. Supply conditions to consider include 
    technology; production methods; development efforts; ability to 
    increase production (including the shift of production facilities used 
    for other products and the use, cost, or availability of major inputs 
    into production); and factors related to the ability to shift supply 
    among different national markets (including barriers to importation in 
    foreign markets or changes in market demand abroad). Demand conditions 
    to consider include end uses and applications; the existence and 
    availability of substitute products; and the level of competition among 
    the Domestic Like Product produced in the United States, Subject 
    Merchandise produced in the Subject Countries, and such merchandise 
    from other countries.
    
        (11) (Optional) A statement of whether you agree with the above 
    definitions of the Domestic Like Product and Domestic Industry; if you 
    disagree with either or both of these definitions, please explain why 
    and provide alternative definitions.
        Authority: These reviews are being conducted under authority of 
    title VII of the Tariff Act of 1930; this notice is published 
    pursuant to section 207.61 of the Commission's rules.
    
        Issued: October 25, 1999.
    
        By order of the Commission.
    Donna R. Koehnke,
    Secretary.
    [FR Doc. 99-28531 Filed 11-1-99; 8:45 am]
    BILLING CODE 7020-02-P
    
    
    

Document Information

Effective Date:
11/2/1999
Published:
11/02/1999
Department:
International Trade Commission
Entry Type:
Notice
Action:
Institution of five-year reviews concerning the antidumping duty orders on silicon metal from Argentina, Brazil, and China; the antidumping duty orders on silicomanganese from Brazil and China; and the suspended investigation on silicomanganese from Ukraine.
Document Number:
99-28531
Dates:
November 2, 1999.
Pages:
59209-59211 (3 pages)
Docket Numbers:
Investigations Nos. 731-TA-470-472 and 671-673 (Review)
PDF File:
99-28531.pdf