[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Notices]
[Pages 40566-40568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19693]
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DEPARTMENT OF COMMERCE
Interntional Trade Administration
[A-357-804]
Silicon Metal From Argentina; Preliminary Results of Antidumping
Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 40567]]
ACTION: Notice of preliminary results of antidumping duty
administrative review and termination in part.
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SUMMARY: In response to a request from petitioners, the Department of
Commerce (the Department) is conducting an administrative review of the
antidumpting duty order on silcon metal from Argentina. Petitioners
requested that the review cover two manufacturers/exporters,
Electrometalurgica Andian, S.A.I.C. (Andina) and Silarsa, S.A.
(Silarsa), and the period September 1, 1993 through August 31, 1994.
However, within 90 days of the publication of the Department's
initiation notice, the petitioners withdrew their request for review of
Andina in accordance with 19 CFR Sec. 353.22(a). Because no other party
requested a review of Andina, we are terminating this administrative
review with respect to Andina. Petitioners did not withdraw their
request with respect to Silarsa.
Since Silarsa did not provide the information requested by the
Department in its questionnaire, we were unable to conduct an
administrative review of this firm. We have, therefore, preliminary
determined to use the best information available (BIA) and have
assigned to Silarsa a 24.62 percent margin, the highest margin obtained
in any review of this order. Interested parties are invited to comment
on these preliminary results.
EFFECTIVE DATE: August 9, 1995.
FOR FURTHER INFORMATION CONTACT:
Maureen McPhillips or John Kugelman, Office of Antidumping Compliance,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-5253.
SUPPLEMENTARY INFORMATION: On September 26, 1991, the Department
published in the Federal Register (56 FR 48779) the antidumping duty
order on silicon metal from Argentina. On September 2, 1994, the
Department published in the Federal Register (59 FR 45664) a notice of
``Opportunity to Request an Administrative Review'' of this antidumping
duty order for the period September 1, 1993 through August 31, 1994. We
received timely requests on September 30, 1994, to conduct an
administrative review of Andina and Silarsa from a group of four
domestic producers of silicon metal (the petitioners): American Silicon
Technologies, Elkem Metals Company, Globe Metallurgical, Inc., and SKW
Metals and Alloys, Inc.
On October 13, 1994, in accordance with 19 Sec. CFR 353.22(c), we
published notice of initiation (59 FR 51939) covering the two
manufacturing/exports named above.
Applicable Statute and Regulations
The Department is conducting this review in accordance with section
751(a) of the Tariff Act. Unless otherwise indicated, all citations of
the statute and the Department's regulations are in reference to the
provisions as they existed on December 31, 1994.
Scope of the Review
The product covered by the 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 petitioners for
clarification of the scope of the antidumping duty order on silicon
metal from the People's Republic of China (PRC), the Department
determined that material with a higher aluminum content containing
between 89.00 and 96.00 percent silicon by weight is the same class or
kind of merchandise as silicon metal described in the less-than-fair-
value (LTFV) investigation (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 99.9 percent of silicon metal and provided for in subheading
2804.61.00 of the HTS) is not subject to this order. The HTS
subheadings are provided for convenience and U.S. Customs Service
purposes only; our written description of the scope of the proceedings
is dispositive.
This review covers two manufactures/exporters of silicon metal to
the United States, Andina and Salarsa. The period of review (POR) is
September 1, 1993 through August 31, 1994.
Best Information Available
In accordance with section 776(c) of the Tariff Act, we have
preliminarily determined that the use of BIA is appropriate for
Silarsa. The Department's regulations provide that we may take into
account whether a party refuses to provide information (19 CFR
Sec. 353.37(b)) in selecting BIA. Generally, whenever a company refuses
to cooperate with the Department, or otherwise significantly impedes
the proceeding, the Department uses as BIA the highest rate for any
company for the same class or kind of merchandise for the current or
any prior segment of the proceeding. When a company substantially
cooperates with our requests for information, but fails to provide all
the information requested in a timely manner or in the form requested,
we use as BIA the higher of (1) the highest rate (including the ``all
others'' rate) ever applicable to the firm for the same class or kind
of merchandise from the same country from either the LTFV investigation
or a prior administrative review; or (2) the highest calculated rate in
the review for any firm for the same class or kind of merchandise from
the same country. See Antifriction Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof From the Federal Republic of Germany, et.
al.; Final Results of Antidumping Duty Administrative Review, 56 FR
31692, (Fed. Cir. 1993).
On October 26, 1994, the Department sent questionnaires to Andina
and Silarsa requesting their respective responses to company-specific
information needed to conduct the administrative review. The deadline
for submission of the respondents' information was December 28, 1994.
Andina submitted its response in a timely manner. However, petitioners
subsequently withdrew their request for review of Andina in accordance
with 19 CFR Sec. 353.22(a)(5) of the Department's regulations. The
Department, therefore, is terminating its review with respect to
Andina. On December 29, 1994, Silarsa requested that it be excused from
responding to the Department's antidumping duty request for information
as it had exported only a small amount of silicon metal in October
1993. Moreover, Silarsa stated that it had ceased to produce silicon
metal as of January 1994 (see letter from Silarsa to the Department
dated December 29, 1994). Absent a timely filed withdrawal of the
petitioners' review request, pursuant to 19 CFR Sec. 353.22(a), the
Department is obligated to conduct an administrative review following
specific procedures after receipt of a timely request for review from
an interested party, pursuant to 19 CFR Sec. 353.22(c). In this
instance, the petitioners did not withdraw their request for review of
Silarsa. Neither the volume of Silarsa's exports to the United States,
nor its claim that it ceased producing silicon metal is relevant to the
Department's obligation to conduct this administrative review.
[[Page 40568]]
Since Silarsa did export silicon metal to the United States during the
POR in question, but failed to provide the Department with the
information needed to conduct the administrative review, we consider
the firm to be uncooperative, and we have used as BIA 24.62 percent,
the highest rate ever determined in this proceeding. This rate is
Silarsa's BIA rate from the first administrative review of this
antidumping duty order.
Preliminary Results of Review
We preliminarily determine the margin for this administrative
review to be:
------------------------------------------------------------------------
Manufacturer/exporter Margin
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Silarsa, S.A.................................................. 24.62
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Parties to the proceeding may request disclosure within 5 days and
interested parties may request a hearing not later than 10 days after
publication of this notice. Interested parties may submit written
arguments in case briefs on these preliminary results within 30 days of
the date of publication of this notice. Rebuttal briefs, limited to
issues raised in case briefs, may be filed no later than 7 days after
the time limit for filing case briefs. Any hearing, if requested, will
be held 7 days after the scheduled date for submission of rebuttal
briefs. Copies of case briefs and rebuttal briefs must be served on
interested parties in accordance with 19 CFR Sec. 353.38(e).
Representatives of parties to the proceeding may request disclosure of
proprietary information under administrative protective order no later
than 10 days after the representative's client or employer becomes a
party to the proceeding, but in any event not later than the date the
case briefs are due, under 19 CFR Sec. 353.38(c). The Department will
publish the final results of this administrative review, including the
results of its analysis of issues raised in any case or rebuttal brief
or at a hearing.
Upon completion of the final results of this review, the Department
will determine, and the Customs Service shall assess, antidumping
duties on all appropriate entries. The Department will issue
appraisement instructions on each exporter directly to the Customs
Service.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided for by section
751(a)(1) of the Tariff Act: (1) The cash deposit rate for the reviewed
companies, in the event the order is not revoked in part, will be the
rate established in the final results of this review; (2) for
previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original LTFV
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) for all other producers and/or exporters of
this merchandise, the cash deposit rate shall be 8.65 percent, the
``all others'' rate from the LTFV investigation. These deposit
requirements, when imposed, shall remain in effect until publication of
the final results of the next administrative review. This notice also
serves as a preliminary reminder to importers of their responsibility
under 19 CFR Sec. 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR
Sec. 353.22(c)(5) of the Department's regulations.
Dated: July 26, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-19693 Filed 8-8-95; 8:45 am]
BILLING CODE 3510-DS-M
