[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Notices]
[Pages 15412-15413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6896]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal From the People's Republic of China: Notice of
Amended Final Results of New Shipper Reviews Pursuant to Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 29, 2010.
SUMMARY: On May 5, 2009, the Court of International Trade (``CIT'')
affirmed the Department's remand determination issued pursuant to the
Court's remand order in Globe Metallurgical, Inc. v. United States,
Court No. 07-00386, Slip Op. 08-105 (CIT October 1, 2008) (``Remand
Order''), which concerned the Department of Commerce's (``the
Department'') determination of the appropriate surrogate value for
silica fume in Silicon Metal From the People's Republic of China:
Notice of Final Results of 2005/2006 New Shipper Reviews, 72 FR 58,641
(October 16, 2007) (``Final Results'') and accompanying Issues and
Decision Memorandum. See Globe Metallurgical, Inc. v. United States,
Court No. 07-00386, Slip Op. 09-137 (CIT May 5, 2009) (``May 5th
Order''). On February 23, 2010, the Court of Appeals for the Federal
Circuit (``CAFC'') dismissed the appeal of Globe Metallurgical, Inc. v.
United States, Court No. 2009-1436 (``Dismissal Order''). As explained
below, in accordance with the CIT's May 5th Order and the CAFC's
Dismissal Order, the Department is amending the Final Results of the
new shipper reviews to apply the recalculated surrogate value for the
by-product silica fume in the Department's normal value calculation.
FOR FURTHER INFORMATION CONTACT: Jerry Huang or Scot T. Fullerton, AD/
CVD Operations, Office 9, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Room 4017,
Washington, DC 20230; telephone: (202) 482-4047 or (202) 482-1386,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This matter arose from a challenge to the Final Results issued by
the Department on October 16, 2007, for the period of review of June 1,
2005, through May 31, 2006. Following publication of the Final Results,
Petitioner, Globe Metallurgical, Inc., and Respondents \1\ filed
lawsuits with the CIT challenging several aspects of the Department's
Final Results. The cases were subsequently consolidated. On October 1,
2008, the CIT issued its opinion, in which it upheld the Final Results
on all counts except for the surrogate value of silica fume. The CIT
remanded the case to the Department to obtain better information for
valuing silica fume or to use information on the record that relates
specifically to the by-product silica fume. See Remand Order at 14.
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\1\ Respondents referenced here are (1) Jiangxi Gangyuan Silicon
Industry Co., Ltd. (``Jiangxi Gangyuan''); and (2) Shanghai Jinneng
International Trade Co., Ltd. (``Shanghai Jinneng'') and its
affiliated producer Datong Jinneng Industrial Silicon Co., Ltd.
(``Datong Jinneng'').
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On October 9, 2008, the Department reopened the administrative
record to allow interested parties an opportunity to provide additional
information for use in valuing silica fume. Petitioner and Respondents
submitted comments on October 16, 2008, and rebuttal comments on
October 24, 2008. On December 23, 2008, the Department released its
draft remand results using a revised surrogate value for silica fume
based on a subset of World Trade Atlas (``WTA'') Indian import
statistics for silicon dioxide from silicon metal or ferrosilicon
producing countries. On January 9, 2009, the Department received
comments on the draft remand results from Petitioner. On January 14,
2009, the Department received rebuttal comments from Respondents.
On February 2, 2009, the Department submitted its final remand
results to the CIT. See Final Results of Redetermination Pursuant to
Court Remand, Court No. 07-00386 (Feb. 2, 2009). On May 5, 2009, the
CIT issued its ruling and sustained the
[[Page 15413]]
Department's remand results. See May 5th Order at 2. The CIT found that
the Department's new surrogate value for silica fume was more specific
to silica fume, as required by the Remand Order, and was supported by
substantial evidence.
On July 1, 2009, Respondents filed an appeal with the CAFC. On
February 23, 2010, the CAFC dismissed the case, pursuant to
Respondents' withdrawal of their appeal.
Amendment to the Final Determination
Because there is now a final and conclusive court decision,
effective as of the publication date of this notice, we are amending
the Final Results and revising the weighted average dumping margins for
Jiangxi Gangyuan and Shanghai Jinneng:
Silicon Metal From the PRC
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Weighted-
Manufacturer/exporter average margin
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Jiangxi Gangyuan........................................ 71.57%
Datong Jinneng/Shanghai Jinneng......................... 50.41
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We have calculated Jiangxi Gangyuan and Shanghai Jinneng's company-
specific antidumping margin as 71.57% and 50.41%, respectively. See
Memorandum to the File from Jerry Huang, ``Analysis Memorandum for the
Final Results of the Redetermination of the Silica Fume By-Product
Valuation, Remand for Antidumping Duty New Shipper Review of Silicon
Metal From the People's Republic of China for Datong Jinneng Industrial
Silicon Co., Inc./Shanghai Jinneng International Trade Co., Ltd.,'' and
Memorandum to the File From Jerry Huang, ``Analysis Memorandum for the
Final Results of the Redetermination of the Silica Fume By-Product
Valuation, Remand for Antidumping Duty New Shipper Review of Silicon
Metal From the People's Republic of China for Jiangxi Gangyuan Silicon
Industry Co., Ltd.,'' both dated February 2, 2009. There have been no
changes to this analysis for these amended final results. In accordance
with the Department's practice of applying importer-specific assessment
rates, we will instruct United States Customs and Border Protection
(``CBP'') to apply the importer-specific assessment rate for Jiangxi
Gangyuan and Shanghai Jinneng's exports to the United States. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after the publication of the final results of
this review.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: March 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-6896 Filed 3-26-10; 8:45 am]
BILLING CODE 3510-DS-P