Antidumping Duty Order: Ferrosilicon from Brazil

DEPARTMENT OF COMMERCE

[A-351-820]

Antidumping Duty Order: Ferrosilicon from Brazil

Agency: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: March 14, 1994.

FOR FURTHER INFORMATION CONTACT: Kimberly Hardin, Office of Antidumping

Investigations, Import Administration, U.S. Department of Commerce,

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

telephone (202) 482-0371.

Scope of the Order

The merchandise subject to this antidumping duty order is

ferrosilicon (FeSi), a ferroalloy generally containing, by weight, not

less than four percent iron, more than eight percent but not more than

96 percent silicon, not more than 10 percent chromium, not more than 30

percent manganese, not more than three percent phosphorous, less than

2.75 percent magnesium, and not more than 10 percent calcium of any

other element.

FeSi is a ferroalloy produced by combining silicon and iron through

smelting in a submerged-arc furnace. FeSi is used primarily as an

alloying agent in the production of steel and cast iron. It is also

used in the steel industry as a deoxidizer and a reducing agent, and by

cast iron producers as an inoculant.

FeSi is differentiated by size and by grade. The sizes express the

maximum and minimum dimensions of the lumps of FeSi found in a given

shipment. FeSi grades are defined by the percentages by weight of

contained silicon and other minor elements. FeSi is most commonly sold

to the iron and steel industries in standard grades of 75 percent and

50 percent FeSi.

Calcium silicon, ferrocalcium silicon, and magnesium FeSi are

specifically excluded from the scope of this order. Calcium silicon is

an alloy containing, by weight, not more than five percent iron, 60 to

65 percent silicon, and 28 to 32 percent calcium. Ferrocalcium silicon

is a ferroalloy containing, by weight, not less than four percent iron,

60 to 65 percent silicon, and more than 10 percent calcium. Magnesium

FeSi is a ferroalloy containing, by weight, not less than four percent

iron, not more than 55 percent silicon, and not less than 2.75 percent

magnesium.

FeSi is currently classifiable under the following subheadings of

the Harmonized Tariff Schedule of the United States (HTSUS):

7202.21.1000, 7202.21.5000, 7202.21.7500, 7202.21.9000, 7202.29.0010,

and 7202.29.0050. Although the HTSUS subheadings are provided for

convenience and customs purposes, our written description of the scope

of this order is dispositive.

FeSi in the form of slag is included within the scope of this order

if it meets, generally, the chemical content definition stated above

and is capable of being used as FeSi. FeSi is used primarily as an

alloying agent in the production of steel and cast iron. It is also

used in the steel industry as a deoxidizer and a reducing agent, and by

cast iron producers as an inoculant. Parties that believe their

importations of slag do not meet these definitions should contact the

Department and request a scope determination.

Antidumping Duty Order

On January 24, 1994, in accordance with section 735(d) of the Act,

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

that imports of FeSi from Brazil materially injure a U.S. industry.

In accordance with section 735(e) of the Act, on February 15, 1994,

the Department issued an amended final determination that FeSi from

Brazil is being sold at less than fair value (59 FR 8598, February 23,

1994) to correct ministerial errors. On February 18, 1994, the ITC,

after considering the Department's amended final determination,

reaffirmed its determination that the domestic industry producing FeSi

is materially injured by reason of subject imports from Brazil,

including imports from Minasligas.

Therefore, in accordance with section 736 of the Act, the

Department will direct 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 (FMV) of the merchandise exceeds the United States price (USP)

for all entries of FeSi from Brazil. These antidumping duties will be

assessed on all unliquidated entries of FeSi from Brazil entered, or

withdrawn from warehouse, for consumption on or after August 16, 1993,

the date on which the Department published its preliminary

determination notice in the Federal Register (58 FR 43323). On or after

the date of publication of this notice in the Federal Register, Customs

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

deposit estimated duties, the following cash deposits for the subject

merchandise.

------------------------------------------------------------------------

Margin

Manufacturer/producer/exporter (percent)

------------------------------------------------------------------------

Companhia Ferroligas Minas Gerais.......................... 3.46

Italmagnesio S.A. Industria e Comercio..................... 88.86

Companhia Brasileira Carbureto de Calcio................... 15.53

All Others................................................. 35.95

------------------------------------------------------------------------

In its final determination, the Department found that critical

circumstances existed with respect to exports from Brazil by

Italmagnesio S.A. Industria e Comercio (Italmagnesio). However, on

January 24, 1994, the ITC notified the Department that retroactive

assessment of antidumping duties was not necessary to prevent

recurrence of material injury from massive imports over a short period.

As a result of the ITC's negative critical circumstances determination,

pursuant to section 735(b)(4) of the Act, we shall order Customs to

terminate the retroactive suspension of liquidation and to release any

bond or other security and refund any cash deposit required under

section 733(e)(2) with respect to Italmagnesio's FeSi entered, or

withdrawn from warehouse for consumption prior to August 16, 1993.

This notice constitutes the antidumping duty order with respect to

FeSi from Brazil, 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: March 7, 1994.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

Note: Temporary Restraining Order Regarding Ferrosilicon Imports from

Companhia Brasileira Carbureto de Calcio (CBCC)

On February 23, 1994, the Court of International Trade (CIT)

entered a temporary restraining order prohibiting the Customs Service

from collecting deposits of the estimated antidumping duty margin for

CBCC at a rate higher than that published in the original final

determination. Thus, notwithstanding the language of the antidumping

duty order (above), the Department will not, until permitted to do so

by the CIT, instruct Customs to collect cash deposits equal to the

amount of the antidumping duty margin calculated in the Department's

amended final determination for imports of ferrosilicon from CBCC.

Until we are notified differently by the Court, we are instructing

Customs to collect cash deposits on imports of ferrosilicon from CBCC

equal to 2.23 percent, the amount of the antidumping duty margin

calculated in the Department's final original determination.

Dated: March 7, 1994.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 94-5877 Filed 3-11-94; 8:45 am]

BILLING CODE 3510-DS-P