Silicon Metal From the People's Republic of China; Notice of recission of New Shipper Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]

Silicon Metal From the People's Republic of China; Notice of

recission of New Shipper Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Recission of New Shipper Review.

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SUMMARY: On December 7, 1998, in response to a request by Zunyi

Titanium Plant, an exporter and producer, the Department of Commerce

initiated a new shipper review concerning the antidumping duty order on

silicon metal from the People's Republic of China (PRC). The period of

review was June 1, 1998 through November 30, 1998. This review has now

been rescinded as a result of the withdrawal of the request for review

by Zunyi Titanium Plant, the only party that requested the review.

EFFECTIVE DATE: July 28, 1999.

FOR FURTHER INFORMATION CONTACT: Sarah Ellerman or Maureen Flannery,

AD/CVD Enforcement, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street & Constitution

Avenue, NW, Washington, DC 20230, telephone: (202) 482-4106 and (202)

482-3020, respectively.

SUPPLEMENTARY INFORMATION:

Background

On June 10, 1991, the Department of Commerce (the Department)

published an antidumping duty order on silicon metal from the PRC (56

FR 26649). On December 7, 1998, Zunyi Titanium Plant, an exporter and a

producer, requested a new shipper review in reference to the

antidumping duty order on silicon metal from the PRC. In accordance

with 19 CFR 351.214(d), we published the initiation of the review on

February 1, 1999 (64 FR 4842) covering the period of June 1, 1998

through November 30, 1998. On May 11, 1999, Zunyi Titanium Plant

withdrew its request for review.

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Act) by the

Uruguay Round Agreements Act. In addition, unless otherwise indicated,

all citations to the Department's regulations refer to 19 CFR part 351

(1998).

Recission of Review

The Department's regulations at 19 CFR 351.214(f)(1) provide that

the Department ``may rescind a new shipper review * * * if a party that

requested a review withdraws its request no later than 60 days after

the date of publication of notice of initiation of the requested

review.'' Zunyi Titanium Plant withdrew its request for new shipper

review on May 11, 1999.

Although this date is more than 60 days from the date of

initiation, consistent with the Department's past practice in the

context of administrative reviews conducted under section 751(a) of the

Act, the Department has discretion to extend the time period for

withdrawal on a case-by-case basis. (See e.g. Iron Construction Casings

from Canada: Notice of Recission of Antidumping Duty Administrative

Review, 63 FR 45797 (August 27, 1998).) In this case, the Department

has determined to grant the request to rescind this new shipper review

based on the fact that the Department has not yet devoted considerable

time and resources to this proceeding. Moreover, rescission of this

review would not prejudice any party in this proceeding, as Zunyi

Titanium Plant would continue to be included in the PRC-wide rate to

which it was subject at the time of its request for this new shipper

review.

This notice also serves as a reminder to parties subject to

administrative protective order (APO) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 351.305(a)(3). Timely written

notification of the return or destruction of APO materials or

conversion to judicial protective order is hereby requested. Failure to

comply with the regulations and the terms of an APO is a sanctionable

violation.

This determination is issued and published in accordance with

sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as

amended.

Dated: July 21, 1999.

Barbara E. Tillman,

Acting Deputy Assistant Secretary, AD/CVD Enforcement Group III.

[FR Doc. 99-19306 Filed 7-27-99; 8:45 am]

BILLING CODE 3510-DS-P