Notice of Antidumping Duty Order: Silicomanganese From the People's Republic of China (PRC)

DEPARTMENT OF COMMERCE

[A-570-828]

Notice of Antidumping Duty Order: Silicomanganese From the

People's Republic of China (PRC)

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: December 22, 1994.

FOR FURTHER INFORMATION CONTACT: Michelle Frederick or John Brinkmann,

Office of Antidumping Duty Investigations, Import Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone (202) 482-0186 or (202) 482-5288,

respectively.

Scope of Order

The merchandise covered by this order 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 silicomananese 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 is dispositive.

Antidumping Duty Order

On December 14, 1994, in accordance with section 735(d) of the Act,

the U.S. International Trade Commission (ITC) notified the Department

that an industry in the United States is threatened with material

injury by reason of such imports. The ITC did not determine, pursuant

to section 735(b)(4)(B)of the Act that, but for the suspension of

liquidation of entries of silicomanganese from the PRC, the domestic

industry would have been materially injured.

When the ITC fins threat of material injury, and makes a negative

``but for'' finding, the ``Special Rule'' provision of section

736(b)(2) applies. Therefore, all unliquidated entries or warehouse

withdrawals, for consumption of silicomanganese from the PRC made on or

after December 14, 1994, the date on which the ITC issued its final

determination of threat of material injury, will be liable for the

assessment of antidumping duties. The Department will direct U.S.

Customs officers to terminate the suspension of liquidation for entries

entered, or withdrawn from warehouse, for consumption before December

14, 1994, and to release any bond or other security, and refund any

cash deposit, posted to secure the payment of estimated antidumping

duties with respect to these entries.

The Department will direct U.S. Customs officers to assess, upon

further advice by the administering authority pursuant to section

736(a)(1) of the Act, antidumping duties equal to the amount by which

the foreign market value of the merchandise exceeds the United States

price for all entries of silicomanganese from the PRC. These

antidumping duties will be assessed on all unliquidated entries of

silicomanganese from the PRC entered, or withdrawn from warehouse, for

consumption on or after the date on which the ITC issued its final

affirmative determination of threat of material injury. U.S. Customs

officers must require, at the same time as importers would normally

deposit estimated duties on this merchandise, a cash deposit of 150.00

percent ad valorem on all entries of silicomanganese from the PRC.

Date Adjustment of Suspension of Liquidation

Based on the information available to the Department for the

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

determined that critical circumstances existed for imports of

silicomanganese from the PRC, However, the ITC determined, as required

by section 735(b)(4)(A) of the Act, that retroactive imposition of

antidumping duties of the merchandise is not necessary to prevent

recurrence of material injury that was caused by massive imports of the

merchandise over a relatively short period of time. Therefore, in

accordance with the ITC finding and pursuant to section 735(c)(3) of

the Act, the Department will direct the Customs Service to terminate

the retroactive suspension of liquidation and to release any bond or

security, and refund any cash deposit required under section 733(d)(2)

of the Act with respect to entries of silicomanganese, the liquidation

of which was suspended retroactively under section 733(e)(2) of the

Act.

This notice constitutes the antidumping duty order with respect to

silicomanganese from the PRC, pursuant to section 736(a) of the Act.

Interested parties may contact the Central Records Unit, Room B-099 of

the Main Commerce Building, for copies of an updated list of

antidumping duty orders currently in effect.

This order is published in accordance with section 736(a) of the

Act and 19 CFR 353.21.

Dated: December 19, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-31624 Filed 12-20-94; 3:01 pm]

BILLING CODE 3510-DS-P