Notice of Final Determination of Sales at Less Than Fair Value: Silicomanganese From the People's Republic of China

DEPARTMENT OF COMMERCE

[A-570-828]

Notice of Final Determination of Sales at Less Than Fair Value:

Silicomanganese From the People's Republic of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: November 7, 1994.

FOR FURTHER INFORMATION CONTACT: Paul Kullman or Michelle Frederick,

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) 482-1279 or (202) 482-0186, respectively.

FINAL DETERMINATION: We determine that imports of silicomanganese from

the People's Republic of China (PRC) are being, or are likely to be,

sold in the United States at less than fair value, as provided in

section 735 of the Tariff Act of 1930, as amended (the Act). The

estimated margin is shown in the ``Continuation of Suspension of

Liquidation'' section of this notice.

Case History

Since the preliminary determination (59 FR 31199, June 17, 1994)

the following events have occurred: On June 28, 1994, counsel withdrew

its representation for the two responding firms in this investigation;

and on July 28, 1994, at the request of two non-responding firms with

significant silicomanganese exports, the final determination was

postponed (59 FR 40008, August 5, 1994). No further comments were

submitted.

Scope of the Investigation

The merchandise covered by this investigation is silicomanganese.

Silicomanganese, which is sometimes called ferrosilicon manganese, is a

ferroalloy composed principally of manganese, silicon, and iron, and

normally containing much smaller proportions of minor elements, such as

carbon, phosphorous and sulfur. Silicomanganese generally contains by

weight not less than four percent iron, more than 30 percent manganese,

more than eight percent silicon and not more than three percent

phosphorous. All compositions, forms and sizes of silicomanganese are

included within the scope of this investigation, including

silicomanganese slag, fines and briquettes. Silicomanganese is used

primarily in steel production as a source of both silicon and

manganese. This investigation covers all silicomanganese, regardless of

its tariff classification. Most silicomanganese is currently

classifiable under subheading 7202.30.0000 of the Harmonized Tariff

Schedule of the United States (HTSUS). Some silicomanganese may also

currently be classifiable under HTSUS subheading 7202.99.5040. Although

the HTSUS subheadings are provided for convenience and customs

purposes, our written description of the scope of this investigation is

dispositive.

Period of Investigation

The period of investigation (POI) is June 1 through November 30,

1993.

Best Information Available

As detailed in our preliminary determination, the Department sent

antidumping questionnaires to 18 producers and exporters that may have

sold silicomanganese to the United States during the POI. Further, we

sent an antidumping questionnaire to the PRC Ministry of Foreign

Economic Trade and Cooperation (MOFTEC) and requested that MOFTEC: (1)

Furnish the questionnaire to any silicomanganese producers and

exporters with U.S. sales during the POI that were not on our list of

18 companies, and (2) provide a comprehensive list of those additional

companies that received the questionnaire from MOFTEC. Two companies, a

PRC producer of silicomanganese and a Hong Kong export company that

purchased silicomanganese from that company and sold it to the United

States, were found by the Department not to have had any sales during

the POI. Further, we did not receive responses from MOFTEC and the

remaining potential respondents. Accordingly, given that no information

was submitted by potential respondents with respect to sales during the

POI, we have based our final determination on best information

available (BIA), in accordance with section 776(c) of the Act.

The BIA methodology is described in the notice of preliminary

determination. In this case, BIA is the information contained in the

petition, as amended on November 24, 1993 (See Initiation of

Antidumping Duty Investigations: Silicomanganese from Brazil, the

People's Republic of China, Ukraine and Venezuela, 58 FR 64553,

December 8, 1993). The amended petition provides only one margin,

listed below, for all PRC producers and exporters of silicomanganese.

Critical Circumstances

Petitioner alleged that critical circumstances exist with respect

to imports of silicomanganese from the PRC. In our preliminary

determination, pursuant to section 733(e)(1) of the Act and 19 CFR

353.16, we analyzed the allegations using the Department's standard

methodology. Because no additional information was submitted since the

preliminary determination, the Department is using the same analysis as

explained in its preliminary finding and determines that critical

circumstances exist for imports of silicomanganese from the PRC.

Continuation of Suspension of Liquidation

Pursuant to section 735(c)(4) of the Act, we are directing the

Customs Service to continue to suspend liquidation of all entries of

silicomanganese from the PRC that are entered, or withdrawn from

warehouse, for consumption on or after March 18, 1994 (i.e., 90 days

prior to the date of publication of our preliminary determination in

the Federal Register). The Customs Service shall require a cash deposit

or posting of a bond equal to 150.00 percent ad valorem on all entries

of silicomanganese from the PRC. This suspension of liquidation will

remain in effect until further notice.

International Trade Commission (ITC) Notification

In accordance with section 735(d) of the Act, we have notified the

ITC of our determination. The ITC will now determine, within 45 days,

whether these imports are materially injuring, or threatening material

injury to the U.S. industry. If the ITC determines that material

injury, or threat of material injury, does not exist, the proceeding

will be terminated and all securities posted will be refunded or

canceled. If the ITC determines that such injury does exist, the

Department will issue an antidumping order directing Customs officials

to assess antidumping duties on all imports of the subject merchandise

entered, or withdrawn from warehouse, for consumption on or after the

effective date of the suspension of liquidation.

Notification to Interested Parties

This notice also serves as the only reminder to parties subject to

administrative protective order (APO) of their responsibility

concerning the return or destruction of proprietary information

disclosed under APO in accordance with 19 CFR 353.34(d). Failure to

comply is a violation of the APO. This determination is published

pursuant to section 735(d) of the Act and 19 CFR 353.20(a)(4).

Dated: October 31, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-27545 Filed 11-4-94; 8:45 am]

BILLING CODE 3510-DS-M