Postponement of Final Antidumping Duty Determination and Correction of Ministerial Errors: Silicon Carbide From the People's Republic of China

DEPARTMENT OF COMMERCE

[A-570-824]

Postponement of Final Antidumping Duty Determination and

Correction of Ministerial Errors: Silicon Carbide From the People's

Republic of China

AGENCY: Import Administration, International Trade Administration, U.S.

Department of Commerce.

ACTION: Notice.

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EFFECTIVE DATE: January 5, 1994.

FOR FURTHER INFORMATION CONTACT: Edward Easton or Steve Alley, Office

of Antidumping Investigations, Import Administration, International

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

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

1777 or (202) 482-5288, respectively.

Postponement of Final Determination

Hainan Feitian Electrontech Co., Ltd. (Hainan), Shaanxi Minmetals

(Shaanxi), Xiamen Abrasive Co. (Xiamen), 7th Grinding Wheel Factory

Import and Export Corp., Qinghai Metals and Minerals Import & Export

Corp., and The Import and Export Corporation of Inner Mongolia

Autonomous Region, responding exporters in this proceeding, account for

a significant proportion of exports of merchandise covered by this

investigation. On December 1 and 3, 1993, these exporters requested

that the Department of Commerce (the ``Department'') postpone its final

determination until not later than 135 days after the date of

publication of the preliminary determination.

Our November 29, 1993, preliminary determination (58 FR 64549,

December 8, 1993) in this proceeding was affirmative. In accordance

with section 735(a)(2) of the Tariff Act of 1930, as amended (the Act)

and 19 CFR 353.20(b), when, subsequent to an affirmative preliminary

determination, we receive a request for postponement of the final

determination from exporters who account for a significant proportion

of the merchandise under investigation, we are required, absent

compelling reasons for denial, to grant the request. Accordingly, we

are postponing our final determination as to whether sales of silicon

carbide from the PRC have been made at less than fair value until not

later than April 22, 1994.

Amended Preliminary Determination

On December 2, 1993, we disclosed our calculations for the

preliminary determination to counsel for Hainan, Shaanxi, and Xiamen.

On December 7, 1993, we received timely submissions from each of these

three exporters alleging ministerial errors in the Department's

preliminary determination calculations. (For specific details of these

allegations and our analysis of them, see Memorandum from Richard W.

Moreland to Barbara R. Stafford of December 20, 1993).

One of these exporters, Hainan, alleged that the Department made

certain errors with respect to the valuation of freight rates and

packing materials. We agree, and in accordance with procedures set

forth in the proposed regulations, we are amending Hainan's preliminary

dumping margin because the corrections represent a change of more than

five absolute percentage points and more than 25 percent of the dumping

margin calculated in the original (erroneous) preliminary

determination. See Sec. 353.15(g)(4)(ii) of the Department's proposed

regulations, 57 FR 1131 (January 10, 1992). The corrected dumping

margin for Hainan is 50.42 percent.

The rest of the alleged ministerial errors were either not

ministerial in nature or could not be considered a ``significant

ministerial error.'' See Sec. 353.15(g)(4) of the Department's proposed

regulations.

Public Comment

In accordance with 19 CFR 353.38, case briefs or other written

comments in at least ten copies must now be submitted to the Assistant

Secretary for Import Administration no later than March 30, 1994, and

rebuttal briefs, no later than April 4, 1994. In accordance with 19 CFR

353.38(b), we will hold a public hearing, if requested, to afford

interested parties an opportunity to comment on arguments raised in

case or rebuttal briefs. Tentatively, the hearing will now be held on

April 6, 1994, at 10 a.m. at the U.S. Department of Commerce, room

3708, 14th Street and Constitution Avenue, NW., Washington, DC 20230.

Parties should confirm by telephone the time, date, and place of the

hearing 48 hours before the scheduled time.

This notice is published pursuant to section 735(d) of the Act, 19

CFR 353.20(b)(2) and in accordance with procedures set forth in the

Department's proposed regulations, Sec. 353.15(g)(3), 57 FR 1131

(January 10, 1992).

Dated: December 23, 1993.

Barbara R. Stafford,

Acting Assistant Secretary for Import Administration.

[FR Doc. 94-161 Filed 1-4-94; 8:45 am]

BILLING CODE 3510-DS-P