[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Pages 3084-3086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1051]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal From the People's Republic of China: Final Results
and Partial Rescission of the 2008-2009 Administrative Review of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 15, 2010, the Department of Commerce (``Department'')
published Silicon Metal from the People's Republic of China:
Preliminary Results and Preliminary Rescission, in Part, of Antidumping
Duty Administrative Review, 75 FR 41143 (July 15, 2010) (``Preliminary
Results''). The period of review (``POR'') is June 1, 2008, through May
31, 2009.
The Department received a timely request from Petitioner, Globe
Metallurgical Inc. (``Globe''), in accordance with 19 CFR 351.213(b),
for an administrative review of the antidumping duty order on silicon
metal from the People's Republic of China (``PRC'') for three
companies: Datong Jinneng Industrial Silicon Co., Ltd. (``Datong
Jinneng''),\1\ Jiangxi Gangyuan Silicon Industry Co., Ltd. (``Jiangxi
Gangyuan''),\2\ and Shanghai Jinneng International Trade Co., Ltd.
(``Shanghai Jinneng''). The Department also received a timely request
from Shanghai Jinneng and Datong Jinneng (Shanghai Jinneng's affiliated
producer of subject merchandise) for an administrative review of
Shanghai Jinneng. On July 29, 2009, the Department published a notice
of initiation of an antidumping duty administrative review on silicon
metal from the PRC, in which we initiated a review of Datong Jinneng,
Jiangxi Gangyuan, and Shanghai Jinneng.\3\ In the Preliminary Results,
the Department preliminarily rescinded this review with respect to
Jiangxi Gangyuan and Datong Jinneng \4\ because they certified that
they had no shipments and we found no indication through our
examination of U.S. Customs and Border Protection (CBP) data that there
were any shipments of subject merchandise by these parties during the
POR. The Department has not obtained any evidence to contradict this
preliminary finding, and no interested parties commented on the
finding. Accordingly, we are rescinding the review with respect to
Datong Jinneng and Jiangxi Gangyuan. Consequently, the administrative
review covers one respondent, Shanghai Jinneng.
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\1\ The abbreviation ``Inc.'' incorrectly appeared after
``Datong Jinneng Industrial Silicon Co.'' in the Initiation Notice.
The abbreviation ``Ltd.'' should have been used.
\2\ We have used the abbreviation ``Co.'' rather than
``Company'', which was used in the Initiation Notice, because
``Co.'' is used in the Automated Customs System Module.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Deferral of Administrative Review, 74 FR
37690 (July 29, 2009) (``Initiation Notice'').
\4\ Datong Jinneng was Shanghai Jinneng's affiliated producer of
subject merchandise during the POR and is involved in the instant
administrative review as such (see Shanghai Jinneng's Response to
Section A (October 16, 2009) at 14). However, we are rescinding the
review with respect to Datong Jinneng (as an exporter of subject
merchandise), based on its no shipments certification, which we
confirmed using CBP data.
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We invited interested parties to comment on our Preliminary
Results. Based on our analysis of the comments received, we made
certain changes to our margin calculation for Shanghai Jinneng. The
final dumping margin for this review is listed in the ``Final Results
Margins'' section below.
DATES: Effective Date: January 19, 2011.
FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos or Andrew
Medley, AD/CVD Operations, Office 8, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-2623 and (202) 482-4987, respectively.
Background
On July 15, 2010, the Department published its Preliminary Results
in the antidumping duty administrative review of silicon metal from the
PRC.
For the final results, Globe requested a hearing with the
Department on August 16, 2010. Shanghai Jinneng and Globe submitted
briefs and rebuttal briefs on August 23, 2010, and September 6, 2010,
respectively. We returned Globe's August 23, 2010, case brief because
it included untimely filed, new factual information. We allowed Globe
to redact the new information and resubmit. Globe submitted its
redacted case brief on September 3, 2010. On October 13, 2010, the
Department published a notice extending the deadline for the final
results of the 2008-2009 administrative review to January 11, 2011. See
Silicon Metal From the People's Republic of China; Extension of Time
Limit for the Final Results of the 2008-2009 Administrative Review of
the Antidumping Duty Order, 75 FR 62765 (October 13, 2010). The
Department released industry-specific wage rate information on November
18, 2010, and revised data on November 23, 2010. Shanghai Jinneng
submitted comments for wage rate issues on November 30, 2010. Globe
submitted rebuttal comments for wage rate issues on December 6, 2010.
On December 9, 2010, the Department conducted a hearing with interested
parties.
Analysis of Comments Received
All issues raised in the case briefs, rebuttal briefs, and wage
rate comments filed by parties in this review are addressed in the
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to, Ronald K.
Lorentzen, Deputy Assistant Secretary for Import Administration,
regarding Silicon Metal from the People's Republic of China: Issues and
Decision Memorandum for the Final Results of the 2008-2009
Administrative Review, dated concurrently with this notice, (``Issues
and Decision Memorandum''), which is hereby adopted by this notice. A
list of the issues that parties raised and to which we responded in the
Issues and Decision Memorandum follows as an appendix to this notice.
The Issues and Decision Memorandum is a public document and is on file
in the Central Records Unit (``CRU''), Main Commerce Building, Room
7046, and is also accessible on the Web at http://ia.ita.doc.gov/frn.
The paper copy and electronic version of the Issues and Decision
Memorandum are identical in content.
Period of Review
The POR is June 1, 2008, through May 31, 2009.
Scope of the Order
The product covered by the order is silicon metal containing at
least 96.00 but less than 99.99 percent of silicon by weight, and
silicon metal with a higher aluminum content containing between 89 and
96 percent silicon by weight. The subject merchandise is currently
classifiable under item numbers 2804.69.10 and 2804.69.50 of the
[[Page 3085]]
Harmonized Tariff Schedule of the United States (``HTSUS'') as a
chemical product, but is commonly referred to as a metal.
Semiconductor-grade silicon (silicon metal containing by weight not
less than 99.99 percent of silicon and provided for in subheading
2804.61.00 of the HTSUS) is not subject to this order. This order is
not limited to silicon metal used only as an alloy agent or in the
chemical industry. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise is dispositive.
Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made certain changes in the margin calculation. For the final results,
the Department has made the following changes:
Valuation of Wage Rate
For the Preliminary Results, the Department revised the calculation
of wage rate pursuant to a recent decision by the U.S. Court of Appeals
for the Federal Circuit (``CAFC'').\5\ For the final results, we have
calculated a revised hourly wage rate to use in valuing reported labor.
The revised wage rate is calculated by averaging earnings and/or wages
for ISIC Rev.3 Sub-Classification 27 (Manufacture of basic metals) in
countries that are economically comparable to the PRC and that are also
significant producers of comparable merchandise. See Comment 8 of the
Issues and Decision Memorandum. See also Memorandum titled
``Antidumping Duty Administrative Review of Silicon Metal from the
People's Republic of China: Selection of Surrogate Values''
(``Surrogate Value Memorandum'').
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\5\ See Dorbest v. United States, 604 F.3d 1363 (Fed. Cir.
2010).
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Valuation of Silica Fume
For the final results, we have valued the byproduct, silica fume,
using the silica fume value from the previous review of this
proceeding, after adjusting for inflation. See Comment 5 of the Issues
and Decision Memorandum. See also Surrogate Value Memorandum.
Selection of Financial Ratios
For the final results, we have included the financial statements of
Vipra Ferro Alloys Private Ltd. and Lalwani Ferro Alloys Ltd. in our
calculation of surrogate financial ratios. See Comment 9 of the Issues
and Decision Memorandum. See also Surrogate Value Memorandum.
Adjustments to Financial Statements
We made a correction to the financial ratios of Saturn Ferro Alloys
Private Ltd. See Comment 10 of the Issues and Decision Memorandum. See
also Surrogate Value Memorandum.
Final Results Margin
We determine the weighted-average dumping margin for Shanghai
Jinneng for the period June 1, 2008, through May 31, 2009, to be 3.14
percent.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``Act''), and 19 CFR 351.212(b), the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. For assessment purposes, we calculated importer (or
customer)-specific assessment rates for merchandise subject to this
review. Where appropriate, we calculated an ad valorem rate for each
importer (or customer) by dividing the total dumping margins for
reviewed sales to that party by the total entered values associated
with those transactions. For duty-assessment rates calculated on this
basis, we will direct CBP to assess the resulting ad valorem rate
against the entered customs values for the subject merchandise. Where
appropriate, we calculated a per-unit rate for each importer (or
customer) by dividing the total dumping margins for reviewed sales to
that party by the total sales quantity associated with those
transactions. For duty-assessment rates calculated on this basis, we
will direct CBP to assess the resulting per-unit rate against the
entered quantity of the subject merchandise. Where an importer (or
customer)-specific assessment rate is de minimis (i.e., less than 0.50
percent), the Department will instruct CBP to assess that importer (or
customer's) entries of subject merchandise without regard to
antidumping duties, in accordance with 19 CFR 351.106(c)(2). We intend
to instruct CBP to liquidate entries containing subject merchandise
exported by the PRC-wide entity at the PRC-wide rate. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For Shanghai
Jinneng, the cash deposit rate will be the rate as listed above in the
``Final Results Margins'' section of this notice; (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (3) for
all PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 139.49 percent; and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter. The deposit requirements shall remain
in effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
We are issuing and publishing the final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
[[Page 3086]]
Dated: January 11, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Comment 1: VAT and Export Taxes
Comment 2: Use of Entries Versus Sales
Comment 3: Whether To Adjust Datong Jinneng's Electricity Consumption
Comment 4: Whether To Adjust Datong Jinneng's Labor Hours
Comment 5: Valuation and Treatment of Silica Fume
Comment 6: Valuation of Coal
Comment 7: Valuation of Electricity
Comment 8: Valuation of Labor
Comment 9: Selection of Financial Statements
Comment 10: Adjustments to Financial Ratios
[FR Doc. 2011-1051 Filed 1-18-11; 8:45 am]
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