[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Notices]
[Page 40831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19306]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal From the People's Republic of China; Notice of
recission of New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Recission of New Shipper Review.
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SUMMARY: On December 7, 1998, in response to a request by Zunyi
Titanium Plant, an exporter and producer, the Department of Commerce
initiated a new shipper review concerning the antidumping duty order on
silicon metal from the People's Republic of China (PRC). The period of
review was June 1, 1998 through November 30, 1998. This review has now
been rescinded as a result of the withdrawal of the request for review
by Zunyi Titanium Plant, the only party that requested the review.
EFFECTIVE DATE: July 28, 1999.
FOR FURTHER INFORMATION CONTACT: Sarah Ellerman or Maureen Flannery,
AD/CVD Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230, telephone: (202) 482-4106 and (202)
482-3020, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 1991, the Department of Commerce (the Department)
published an antidumping duty order on silicon metal from the PRC (56
FR 26649). On December 7, 1998, Zunyi Titanium Plant, an exporter and a
producer, requested a new shipper review in reference to the
antidumping duty order on silicon metal from the PRC. In accordance
with 19 CFR 351.214(d), we published the initiation of the review on
February 1, 1999 (64 FR 4842) covering the period of June 1, 1998
through November 30, 1998. On May 11, 1999, Zunyi Titanium Plant
withdrew its request for review.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act. In addition, unless otherwise indicated,
all citations to the Department's regulations refer to 19 CFR part 351
(1998).
Recission of Review
The Department's regulations at 19 CFR 351.214(f)(1) provide that
the Department ``may rescind a new shipper review * * * if a party that
requested a review withdraws its request no later than 60 days after
the date of publication of notice of initiation of the requested
review.'' Zunyi Titanium Plant withdrew its request for new shipper
review on May 11, 1999.
Although this date is more than 60 days from the date of
initiation, consistent with the Department's past practice in the
context of administrative reviews conducted under section 751(a) of the
Act, the Department has discretion to extend the time period for
withdrawal on a case-by-case basis. (See e.g. Iron Construction Casings
from Canada: Notice of Recission of Antidumping Duty Administrative
Review, 63 FR 45797 (August 27, 1998).) In this case, the Department
has determined to grant the request to rescind this new shipper review
based on the fact that the Department has not yet devoted considerable
time and resources to this proceeding. Moreover, rescission of this
review would not prejudice any party in this proceeding, as Zunyi
Titanium Plant would continue to be included in the PRC-wide rate to
which it was subject at the time of its request for this new shipper
review.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
This determination is issued and published in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as
amended.
Dated: July 21, 1999.
Barbara E. Tillman,
Acting Deputy Assistant Secretary, AD/CVD Enforcement Group III.
[FR Doc. 99-19306 Filed 7-27-99; 8:45 am]
BILLING CODE 3510-DS-P
