Silicon Metal From Argentina; Antidumping Duty Administrative Review: Rescission of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-804]

Silicon Metal From Argentina; Antidumping Duty Administrative

Review: Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Rescission of Antidumping Duty Administrative Review.

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SUMMARY: On November 4, 1999, the Department of Commerce (``the

Department'') published in the Federal Register (64 FR 60161) a notice

announcing the initiation of an administrative review of the

antidumping duty order on silicon metal from Argentina. This

administrative review covered one Argentine manufacturer and exporter

of silicon metal, Electrometalurgica Andina S.A.I.C. (``Andina''), for

the period of September 1, 1998 through August 31, 1999. The Department

has now rescinded this review as a result of the absence of Andina's

shipments and entries into the United States of subject merchandise

during the period of review.

EFFECTIVE DATE: January 6, 2000.

FOR FURTHER INFORMATION CONTACT: Helen Kramer or Linda Ludwig, Office

of AD/CVD Enforcement, Group III, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0405

or 482-3833, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended, are to the provisions effective January 1, 1995, the

effective date of the amendments made to the Tariff Act by the Uruguay

Round Agreements Act (URAA). In addition, unless otherwise indicated,

all citations to the Department's regulations are to the regulations

codified at 19 CFR part 351 (1999).

Scope of Review

The product covered by this 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 the petitioners for

clarification of the scope of the antidumping duty order on silicon

metal from the People's Republic of China, the Department determined

that material with a higher aluminum content containing between 89 and

96 percent silicon by weight is the same class or kind of merchandise

as silicon metal described in the LTFV investigation. See 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 99.99

percent of silicon and provided for in subheading 2804.61.00 of the

HTS) is not subject to this review. These HTS subheadings are provided

for convenience and U.S. Customs purposes. Our written description of

the scope of the proceeding is dispositive.

Background

On September 9, 1999, the Department published a notice of

opportunity to request an administrative review of the antidumping duty

order on silicon metal from Argentina (64 FR 48890). On September 30,

1999, petitioners in this proceeding, requested a review of sales made

by Andina during the period September 1, 1998 through August 31, 1999.

On November 4, 1999, the Department initiated an administrative review

(64 FR 60161).

On November 23, 1999, Andina submitted a certification to the

Department that it did not, directly or indirectly, enter for

consumption, or sell, export, or ship for entry for consumption in the

United States subject merchandise during the period of review. The

Department performed a customs query for entries from Argentina

classified under HTS numbers 2804.69.10 and 2804.69.50 during the

period of review and found no entries during that time period. In

response to a telephone inquiry, counsel for petitioners stated they

had no information to the contrary. See Memorandum to the File from

Helen M. Kramer dated November 30, 1999. Therefore, we have determined

that Andina made no entries of the subject merchandise into the customs

territory of the United States during the period of review.

[[Page 759]]

Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an

administrative review, in whole or only with respect to a particular

exporter or producer, if the Secretary concludes that, during the

period covered by the review, there were no entries, exports, or sales

of the subject merchandise. In light of the fact that we determined

that Andina did not export the subject merchandise into the territory

of the United States during the POR in question, and there were no

entries made by any other exporter or producer in Argentina, we are

rescinding this review. This notice is published in accordance with 19

CFR 351.213(d)(4).

Dated: December 29, 1999.

Richard O. Weible,

Acting Deputy Assistant Secretary, Enforcement Group III.

[FR Doc. 00-296 Filed 1-5-00; 8:45 am]

BILLING CODE 3510-DS-P