[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5877]
[[Page Unknown]]
[Federal Register: March 14, 1994]
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DEPARTMENT OF COMMERCE
[A-351-820]
Antidumping Duty Order: Ferrosilicon from Brazil
Agency: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 14, 1994.
FOR FURTHER INFORMATION CONTACT: Kimberly Hardin, Office of Antidumping
Investigations, Import Administration, U.S. Department of Commerce,
14th Street and Constitution Avenue, NW., Washington, DC 20230;
telephone (202) 482-0371.
Scope of the Order
The merchandise subject to this antidumping duty order is
ferrosilicon (FeSi), a ferroalloy generally containing, by weight, not
less than four percent iron, more than eight percent but not more than
96 percent silicon, not more than 10 percent chromium, not more than 30
percent manganese, not more than three percent phosphorous, less than
2.75 percent magnesium, and not more than 10 percent calcium of any
other element.
FeSi is a ferroalloy produced by combining silicon and iron through
smelting in a submerged-arc furnace. FeSi is used primarily as an
alloying agent in the production of steel and cast iron. It is also
used in the steel industry as a deoxidizer and a reducing agent, and by
cast iron producers as an inoculant.
FeSi is differentiated by size and by grade. The sizes express the
maximum and minimum dimensions of the lumps of FeSi found in a given
shipment. FeSi grades are defined by the percentages by weight of
contained silicon and other minor elements. FeSi is most commonly sold
to the iron and steel industries in standard grades of 75 percent and
50 percent FeSi.
Calcium silicon, ferrocalcium silicon, and magnesium FeSi are
specifically excluded from the scope of this order. Calcium silicon is
an alloy containing, by weight, not more than five percent iron, 60 to
65 percent silicon, and 28 to 32 percent calcium. Ferrocalcium silicon
is a ferroalloy containing, by weight, not less than four percent iron,
60 to 65 percent silicon, and more than 10 percent calcium. Magnesium
FeSi is a ferroalloy containing, by weight, not less than four percent
iron, not more than 55 percent silicon, and not less than 2.75 percent
magnesium.
FeSi is currently classifiable under the following subheadings of
the Harmonized Tariff Schedule of the United States (HTSUS):
7202.21.1000, 7202.21.5000, 7202.21.7500, 7202.21.9000, 7202.29.0010,
and 7202.29.0050. Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope
of this order is dispositive.
FeSi in the form of slag is included within the scope of this order
if it meets, generally, the chemical content definition stated above
and is capable of being used as FeSi. FeSi is used primarily as an
alloying agent in the production of steel and cast iron. It is also
used in the steel industry as a deoxidizer and a reducing agent, and by
cast iron producers as an inoculant. Parties that believe their
importations of slag do not meet these definitions should contact the
Department and request a scope determination.
Antidumping Duty Order
On January 24, 1994, in accordance with section 735(d) of the Act,
the U.S. International Trade Commission (ITC) notified the Department
that imports of FeSi from Brazil materially injure a U.S. industry.
In accordance with section 735(e) of the Act, on February 15, 1994,
the Department issued an amended final determination that FeSi from
Brazil is being sold at less than fair value (59 FR 8598, February 23,
1994) to correct ministerial errors. On February 18, 1994, the ITC,
after considering the Department's amended final determination,
reaffirmed its determination that the domestic industry producing FeSi
is materially injured by reason of subject imports from Brazil,
including imports from Minasligas.
Therefore, in accordance with section 736 of the Act, the
Department will direct 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 (FMV) of the merchandise exceeds the United States price (USP)
for all entries of FeSi from Brazil. These antidumping duties will be
assessed on all unliquidated entries of FeSi from Brazil entered, or
withdrawn from warehouse, for consumption on or after August 16, 1993,
the date on which the Department published its preliminary
determination notice in the Federal Register (58 FR 43323). On or after
the date of publication of this notice in the Federal Register, Customs
officers must require, at the same time as importers would normally
deposit estimated duties, the following cash deposits for the subject
merchandise.
------------------------------------------------------------------------
Margin
Manufacturer/producer/exporter (percent)
------------------------------------------------------------------------
Companhia Ferroligas Minas Gerais.......................... 3.46
Italmagnesio S.A. Industria e Comercio..................... 88.86
Companhia Brasileira Carbureto de Calcio................... 15.53
All Others................................................. 35.95
------------------------------------------------------------------------
In its final determination, the Department found that critical
circumstances existed with respect to exports from Brazil by
Italmagnesio S.A. Industria e Comercio (Italmagnesio). However, on
January 24, 1994, the ITC notified the Department that retroactive
assessment of antidumping duties was not necessary to prevent
recurrence of material injury from massive imports over a short period.
As a result of the ITC's negative critical circumstances determination,
pursuant to section 735(b)(4) of the Act, we shall order Customs to
terminate the retroactive suspension of liquidation and to release any
bond or other security and refund any cash deposit required under
section 733(e)(2) with respect to Italmagnesio's FeSi entered, or
withdrawn from warehouse for consumption prior to August 16, 1993.
This notice constitutes the antidumping duty order with respect to
FeSi from Brazil, 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: March 7, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Note: Temporary Restraining Order Regarding Ferrosilicon Imports from
Companhia Brasileira Carbureto de Calcio (CBCC)
On February 23, 1994, the Court of International Trade (CIT)
entered a temporary restraining order prohibiting the Customs Service
from collecting deposits of the estimated antidumping duty margin for
CBCC at a rate higher than that published in the original final
determination. Thus, notwithstanding the language of the antidumping
duty order (above), the Department will not, until permitted to do so
by the CIT, instruct Customs to collect cash deposits equal to the
amount of the antidumping duty margin calculated in the Department's
amended final determination for imports of ferrosilicon from CBCC.
Until we are notified differently by the Court, we are instructing
Customs to collect cash deposits on imports of ferrosilicon from CBCC
equal to 2.23 percent, the amount of the antidumping duty margin
calculated in the Department's final original determination.
Dated: March 7, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-5877 Filed 3-11-94; 8:45 am]
BILLING CODE 3510-DS-P
