Suspension Agreement on Silicomanganese From Ukraine; Notice of Rescission of Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-805]

Suspension Agreement on Silicomanganese From Ukraine; Notice of

Rescission of Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of rescission of administrative review.

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SUMMARY: In response to requests from petitioner and the Government of

Ukraine, the Department of Commerce (``the Department'') initiated an

administrative review of the suspension agreement on silicomanganese

from Ukraine on December 23, 1998. The Department received requests for

withdrawal on November 30, 1999, from petitioner and the Government of

Ukraine. This review has now been rescinded as a result of the

withdrawal of the requests for review by petitioner and the Government

of Ukraine, the only parties which requested the review.

EFFECTIVE DATE: December 7, 1999.

FOR FURTHER INFORMATION CONTACT: Carrie Blozy or Rick Johnson, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C.

20230;

[[Page 68321]]

telephone: (202) 482-0165 or (202) 482-3818, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (``the Act''), are to the provisions effective January

1, 1995, the effective date of the amendments made to the Act by the

Uruguay Round Agreements Act (``URAA''). In addition, unless otherwise

indicated, all citations to the Department's regulations are to 19

C.F.R. Part 351 (1998).

Background

On October 31, 1994, the Department signed an agreement with the

Government of Ukraine which suspended the antidumping investigation on

silicomanganese from Ukraine. See Silicomanganese from Ukraine;

Suspension of Investigation, 59 FR 60951 (November 29, 1994). In

accordance with section 734(g) of the Act, on December 6, 1994, the

Department published its final determination of sales at less than fair

value in this case. See Notice of Final Determination of Sales at Less

Than Fair Value: Silicomanganese From Ukraine, 59 FR 62711 (December 6,

1994).

Pursuant to Article XIII of the Agreement, on October 30, 1998, the

Department received timely requests from petitioner and the Government

of Ukraine to conduct an administrative review of the Agreement under

Section 751 of the Act. On November 30, 1998, petitioner also submitted

a request for an administrative review pursuant to the notice of

Antidumping and Countervailing Duty Order, Finding, or Suspended

Investigation; Opportunity to Request Administrative Review, 63 FR

63287 (November 12, 1998). Additionally, the Government of Ukraine

submitted a supplement to their October 30, 1998 request on December 7,

1998. On December 23, 1998, the Department initiated a review of the

Agreement. See Notice of Initiation of Antidumping and Countervailing

Duty Administrative Reviews, 63 FR 71091 (December 23, 1998).

On August 9, 1999, the Department extended the time limits for the

preliminary results of review by 120 days. See Notice of Extension of

Time Limits for the Preliminary Results of Administrative Review of the

Suspension Agreement on Silicomanganese From Ukraine, 64 FR 43161

(August 9, 1999). On October 8, 1999, the Department issued a

questionnaire to the Government of Ukraine requesting information to

determine whether the Government of Ukraine has complied with the terms

of the Agreement and to evaluate current trends and conditions in both

the domestic and world market for silicomanganese faced by producers

and exporters of Ukrainian silicomanganese. On October 25, 1999,

petitioner filed a submission arguing that the administrative review is

not a termination review. On November 15, 1999, the Government of

Ukraine submitted its response to the questionnaire. Also, on November

15, 1999, petitioner submitted certain factual information from the

public record of the suspended investigation. On November 30, 1999, the

Department received withdrawal requests from petitioner and the

Government of Ukraine.

Rescission of Review

Pursuant to 19 CFR 351.213(d)(1) of the Department's regulations,

the Department will allow a party that requests an administrative

review to withdraw such request within 90 days of the date of

publication of the notice of initiation of the administrative review.

Furthermore, the Department may extend this time limit if the Secretary

decides it is reasonable to do so, per 19 CFR 351.213(d)(1). Because

all requests for review have been withdrawn, rescission of this review

would not prejudice any party in this proceeding. Therefore, the

Department is rescinding this 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 353.34(d). 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 19

CFR 351.213(d)(4).

Dated: November 30, 1999.

Barbara E. Tillman,

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

[FR Doc. 99-31673 Filed 12-6-99; 8:45 am]

BILLING CODE 3510-DS-P