# Notice of Final Determination of Sales at Less Than Fair Value: Silicomanganese From the People's Republic of China > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-27545 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 7, 1994 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-27545. Public record. Not legal advice.