[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7811-7813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3135]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal From the People's Republic of China: Amended Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 19, 2011, the Department of Commerce
(``Department'') published the final results of the antidumping duty
administrative review of silicon metal from the People's Republic of
China (``PRC''). See 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, 76 FR 3084 (January 19, 2011)
(``Final Results''). The period of review is June 1, 2008, through May
31, 2009. We are amending our Final Results to correct ministerial
errors made in the calculation of the antidumping duty margin for
Shanghai Jinneng International Trade Co., Ltd. (``Shanghai Jinneng'')
pursuant to section
[[Page 7812]]
751(h) of the Tariff Act of 1930, as amended (``the Act'').
DATES: Effective Date: February 11, 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.
SUPPLEMENTARY INFORMATION:
Background
On January 21, 2011, Globe Metallurgical Inc. (``Globe''),
Petitioner, submitted ministerial error allegations with respect to the
Final Results of the June 1, 2008, through May 31, 2009, administrative
review. On January 26, 2011, Shanghai Jinneng submitted a letter
alleging that Globe's submission was not timely filed and should be
rejected; it also claimed it was prejudiced by accepting Globe's
ministerial allegations. On January 31, 2011, Globe submitted a
response to Shanghai Jinneng's letter.
In accordance with 19 CFR 351.224(b), on January 14, 2011, the
Department notified both parties of the availability of disclosure
documents for pickup from the Administrative Protective Orders
(``APO'') office. See Shanghai Jinneng's letter dated January 26, 2011,
at Exhibit 1. According to APO office records, Mayer Brown, counsel to
Shanghai Jinneng, received the disclosure documents on Friday, January
14, 2011. APO records indicate that DLA Piper, counsel to Globe,
received disclosure documents on Tuesday, January 18, 2011, the next
business day, because Monday, January 17, 2011, was a Federal holiday.
See Memorandum to the file titled ``Disclosure of Documents for Final
Results'' dated January 28, 2011.
The Department's regulations at 19 CFR 351.224(c)(ii) state that a
party to the proceeding must file comments concerning ministerial
errors within five days after the date on which the Secretary released
disclosure documents to that party. Because the Secretary released the
disclosure documents on January 14, 2011, ministerial error allegations
were due on January 19, 2011. However, 19 CFR 351.302(b) provides that,
unless expressly precluded by statute, the Secretary may, for good
cause, extend any time limit established by this part.
We have determined that good cause exists for extending the
deadline set forth in 19 CFR 351.224(c) and accepting Globe's
ministerial error allegations, which were filed on January 21, 2011. In
its January 31, 2011 letter, counsel for Globe states that it was not
able to receive the documents on the day of release because it did not
have a messenger available who was authorized to handle APO documents,
and was informed by a Department official on Tuesday, January 18, 2011,
that the five-day period for submitting ministerial error allegations
began on January 18, 2011. While the Department finds that because it
informed Globe that the five-day period began on January 18, 2011,
rather than January 14, 2011, it should have informed Shanghai Jinneng
that the deadline had been extended, we disagree with Shanghai Jinneng
that it has been prejudiced. Shanghai Jinneng neither submitted
ministerial error allegations nor requested that the January 19, 2011,
deadline be extended so that it could file allegations after this
deadline. In addition, Shanghai Jinneng was able to respond to Globe's
allegations, and did comment on its submission on January 26, 2011. For
these reasons, the Department has determined that good cause exists to
extend the deadline and has accepted Globe's ministerial error
allegations.
Ministerial Errors
A ministerial error as defined in section 751(h) of the Act
includes ``errors in addition, subtraction, or other arithmetic
function, clerical error resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the administering authority considers ministerial.'' See also 19
CFR 351.224(f).
After analyzing Globe's comments, we have determined, in accordance
with 19 CFR 351.224(e), that ministerial errors existed in certain
calculations in the Final Results. Correction of these errors results
in a change to Shanghai Jinneng's final antidumping duty margin. For a
detailed discussion of these ministerial errors, as well as the
Department's analysis, see Final Results of the 2008-2009
Administrative Review of the Antidumping Duty Order for Silicon Metal
from the People's Republic of China: Allegation of Ministerial Errors,
dated concurrently with this notice (``Ministerial Error Memo''). The
Ministerial Error Memo is on file in the Central Records Unit, room
7046 in the main Department building.
Therefore, in accordance with section 751(h) of the Act and 19 CFR
351.224(e), we are amending the Final Results of the administrative
review of silicon metal from the PRC. Listed below is the revised
weighted-average dumping margin resulting from these amended final
results:
------------------------------------------------------------------------
Original Amended
Exporter final final
margin margin
------------------------------------------------------------------------
Shanghai Jinneng International Trade Co., Ltd..... 3.14% 3.30%
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed for these amended final
results within five days of the date of publication of this notice to
interested parties in accordance with 19 CFR 351.224(b).
Assessment Rate
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 U.S. Customs and Border Protection (``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
[[Page 7813]]
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). The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the amended final results of these reviews.
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively on any entries made on or after January 19, 2011, the
date of publication of the Final Results, 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 amended final margin rate shown above in the
``Ministerial Errors'' 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 exporters that
supplied that non-PRC exporter. These deposit requirements shall remain
in effect until further notice.
These amended final results are published in accordance with
sections 751(h) and 777(i)(1) of the Act.
Dated: February 7, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-3135 Filed 2-10-11; 8:45 am]
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