[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31624]
[[Page Unknown]]
[Federal Register: December 22, 1994]
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DEPARTMENT OF COMMERCE
[A-570-828]
Notice of Antidumping Duty Order: Silicomanganese From the
People's Republic of China (PRC)
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 22, 1994.
FOR FURTHER INFORMATION CONTACT: Michelle Frederick or John Brinkmann,
Office of Antidumping Duty Investigations, Import Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone (202) 482-0186 or (202) 482-5288,
respectively.
Scope of Order
The merchandise covered by this order is silicomanganese.
Silicomanganese, which is sometimes called ferrosilicon manganese, is a
ferroalloy composed principally of manganese, silicon, and iron, and
normally containing much smaller proportions of minor elements, such as
carbon, phosphorous and sulfur. Silicomanganese generally contains by
weight not less than four percent iron, more than 30 percent manganese,
more than eight percent silicon and not more than three percent
phosphorous. All compositions, forms and sizes of silicomanganese are
included within the scope of this investigation, including
silicomanganese slag, fines and briquettes. Silicomanganese is used
primarily in steel production as a source of both silicon and
manganese. This investigation covers all silicomanganese, regardless of
its tariff classification. Most silicomanganese is currently
classifiable under subheading 7202-30-0000 of the Harmonized Tariff
Schedule of the United States (HTSUS). Some silicomananese may also
currently be classifiable under HTSUS subheading 7202.99.5040. Although
the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope is dispositive.
Antidumping Duty Order
On December 14, 1994, in accordance with section 735(d) of the Act,
the U.S. International Trade Commission (ITC) notified the Department
that an industry in the United States is threatened with material
injury by reason of such imports. The ITC did not determine, pursuant
to section 735(b)(4)(B)of the Act that, but for the suspension of
liquidation of entries of silicomanganese from the PRC, the domestic
industry would have been materially injured.
When the ITC fins threat of material injury, and makes a negative
``but for'' finding, the ``Special Rule'' provision of section
736(b)(2) applies. Therefore, all unliquidated entries or warehouse
withdrawals, for consumption of silicomanganese from the PRC made on or
after December 14, 1994, the date on which the ITC issued its final
determination of threat of material injury, will be liable for the
assessment of antidumping duties. The Department will direct U.S.
Customs officers to terminate the suspension of liquidation for entries
entered, or withdrawn from warehouse, for consumption before December
14, 1994, and to release any bond or other security, and refund any
cash deposit, posted to secure the payment of estimated antidumping
duties with respect to these entries.
The Department will direct U.S. Customs officers to assess, upon
further advice by the administering authority pursuant to section
736(a)(1) of the Act, antidumping duties equal to the amount by which
the foreign market value of the merchandise exceeds the United States
price for all entries of silicomanganese from the PRC. These
antidumping duties will be assessed on all unliquidated entries of
silicomanganese from the PRC entered, or withdrawn from warehouse, for
consumption on or after the date on which the ITC issued its final
affirmative determination of threat of material injury. U.S. Customs
officers must require, at the same time as importers would normally
deposit estimated duties on this merchandise, a cash deposit of 150.00
percent ad valorem on all entries of silicomanganese from the PRC.
Date Adjustment of Suspension of Liquidation
Based on the information available to the Department for the
preliminary determination (59 FR 31199, June 17, 1994), the Department
determined that critical circumstances existed for imports of
silicomanganese from the PRC, However, the ITC determined, as required
by section 735(b)(4)(A) of the Act, that retroactive imposition of
antidumping duties of the merchandise is not necessary to prevent
recurrence of material injury that was caused by massive imports of the
merchandise over a relatively short period of time. Therefore, in
accordance with the ITC finding and pursuant to section 735(c)(3) of
the Act, the Department will direct the Customs Service to terminate
the retroactive suspension of liquidation and to release any bond or
security, and refund any cash deposit required under section 733(d)(2)
of the Act with respect to entries of silicomanganese, the liquidation
of which was suspended retroactively under section 733(e)(2) of the
Act.
This notice constitutes the antidumping duty order with respect to
silicomanganese from the PRC, pursuant to section 736(a) of the Act.
Interested parties may contact the Central Records Unit, Room B-099 of
the Main Commerce Building, for copies of an updated list of
antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 353.21.
Dated: December 19, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-31624 Filed 12-20-94; 3:01 pm]
BILLING CODE 3510-DS-P
