72 FR 58641, October 16, 2007
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-806]
Silicon Metal from the People's Republic of China: Notice of
Final Results of 2005/2006 New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 21, 2007, the Department of Commerce (``the
Department'') published the preliminary results of its new shipper
reviews of the antidumping duty order on silicon metal from the
People's Republic of China (``PRC''). See Silicon Metal From the
People's Republic of China: Preliminary Results of the 2005/2006 New
Shipper Reviews, 72 FR 28467 (May 21, 2007) (Preliminary Results).
Based on our analysis of the record, including information obtained
since the preliminary results, we have made changes to the margin
calculations for both Jiangxi Gangyuan Silicon Industry Co. Ltd.
(``Jiangxi Gangyuan'') and Shanghai Jinneng International Trade Co.,
Ltd.(Shanghai Jinneng''). See Final Results of Review section, below.
EFFECTIVE DATE: October 16, 2007.
FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Michael Quigley, AD/
CVD Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1386 or (202) 482-4047, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2007, the Department published the preliminary results
of its new shipper reviews of the antidumping duty order on silicon
metal from the PRC, and invited parties to comment on the preliminary
results. See Preliminary Results. The new shipper reviews cover one
exporter, Shanghai Jinneng and its affiliated producer, Datong Jinneng
Industrial Silicon Co., Inc. (``Datong Jinneng''), and one producer/
exporter: Jiangxi Gangyuan (hereinafter collectively ``Respondents'').
See Preliminary Results. The period of review (``POR'') for these new
shipper reviews is June 1, 2005, through May 31, 2006.
On June 11, 2007, we received additional data from both Respondents
and Globe Metallurgical Inc. (``Petitioner'') regarding factors of
production. On June 25, 2007, we received Respondents' case brief, and
on June 26, 2007, we received Petitioner's case brief. On July 2, 2007,
we received the Respondents' rebuttal brief, and on July 3, 2007, we
received the Petitioner's rebuttal brief. On July 30, 2007, we held
both a public and a closed hearing, and the transcripts of these
hearings were placed on the record on August 6, 2007.
Scope of the Order
The product covered by the order and this review 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 merchandise under
investigation is currently classifiable under item numbers 2804.69.10
and 2804.69.50 of the 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 subheading is provided for
convenience and customs purposes, the written description of the
merchandise is dispositive.
New Shipper Status
For these final results, no party has contested the bona fides of
either Respondent's sales, therefore we continue to find, as in the
Preliminary Results, that both Respondents have met the requirements to
qualify as a new shipper during the POR and that the Respondents' sale
of silicon metal to the United States is an appropriate transaction for
a new shipper.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made changes to the margin calculation for both Jiangxi Gangyuan and
Shanghai Jinneng.
Analysis of Comments Received
In the case and rebuttal briefs received from the parties after the
Preliminary Results, we received comments on several issues, including
the surrogate country selection and surrogate values used to value (1)
electricity and (2) overhead, selling, general and administrative
expenses, and profit . All issues raised in the case briefs are
addressed in the Issues and Decision Memorandum, which is hereby
adopted by this notice. A list of the issues raised, all of which are
in the Issues and Decision Memorandum, is attached to this notice as
Appendix I. Parties can find a complete discussion of all issues raised
in the briefs and the corresponding recommendations in this public
memorandum on file in the Central Records Unit (``CRU''), room B-099 of
the Herbert C. Hoover Building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Web at
<http://ia.ita.doc.gov>. The paper copy and electronic version of the
Issues and Decision Memorandum are identical in content.
Final Results of Review
We determine that the following antidumping duty margins exist:
Silicon Metal from the PRC
------------------------------------------------------------------------
Weighted-
Manufacturer/Exporter Average Margin
(Percent)
------------------------------------------------------------------------
Shanghai Jinneng International Trade Company Ltd....... 7.93
Jiangxi Gangyuan Silicon Industry Co. Ltd.............. 50.62
PRC-wide Rate.......................................... 139.49
------------------------------------------------------------------------
For details on the calculation of the antidumping duty margin for
Shanghai Jinneng, see Memorandum to the File, through Scot T.
Fullerton, Program Manager, from Michael Quigley, International Trade
Analyst, regarding Silicon Metal from the People's Republic of China -
Analysis Memorandum for the Final Results of New Shipper Review of
Shanghai Jinneng International Trade Company Ltd. (October 9, 2007). A
public version of this memorandum is on file in the CRU.
For details on the calculation of the antidumping duty margin for
Jiangxi Gangyuan, see Memorandum to the File, through Scot T.
Fullerton, Program Manager, from Michael Quigley, International Trade
Analyst, regarding Silicon Metal from the People's Republic of China -
Analysis Memorandum for the Final Results of New Shipper Review of
Jiangxi Gangyuan Silicon Industry Co. Ltd.(October 9, 2007). A public
version of this memorandum is also on file in the CRU.
Assessment of Antidumping Duties
The Department will determine, and U.S. Customs and Border patrol
(``CBP'') shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review. For
assessment purposes for companies with a calculated rate, where
possible, we calculated importer-specific assessment rates for silicon
metal from the PRC via ad valorem duty assessment rates based on the
ratio of the total amount of the dumping margins calculated for the
examined sales to the total entered value of those same sales during
the POR. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review.
Cash Deposits
The following cash-deposit requirements will be effective upon
publication of the final results of these new shipper reviews for all
shipments of subject merchandise from Shanghai Jinneng and Jiangxi
Gangyuan entered, or withdrawn from warehouse, for consumption on or
after the publication date, as provided by section 751 (a) (2) (C) of
the Tariff Act of 1930, as amended (``the Act''): (1) For subject
merchandise produced and exported by Jiangxi Gangyuan, or produced by
Datong Jinneng and exported by Shanghhai Jinneng, the cash-deposit rate
will be that established in the final results of these reviews; (2) for
subject merchandise exported by Shanghai Jinneng but not manufactured
by Datong Jinneng, the cash deposit rate will continue to be the PRC-
wide rate (i.e., 139.49 percent); and (3) for subject merchandise
exported by Shanghai Jinneng, but manufactured by any other party, the
cash deposit rate will be the PRC-wide rate (i.e., 139.49 percent).
Notification to Importers
This notice 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 antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These reviews and notice are in accordance with sections 751(a)(1),
751(a)(2) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: October 9, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
General Issues
Comment 1: Selection of Surrogate Country
Comment 2: Electricity Valuation
Comment 3: Selection of Financial Statements
Comment 4: Quartz Valuation
Comment 5: Silica Fume By-Product Valuation
Comment 6: Steam Coal Valuation
Comment 7: Charcoal Valuation
Comment 8: Electrode Usage
Company-Specific Issues: Jiangxi Gangyuan
Comment 9: Clerical Errors in Calculating Freight
Comment 10: June 2005 Electricity Consumption
Comment 11: Work-In-Process Inventory
Comment 12: Silica Fume Offset During POR
Company-Specific Issues: Shanghai Jinneng / Datong Jinneng
Comment 13: Silicon Metal Fines Valuation
Comment 14: Packing Bags Valuation
Comment 15: High Aluminum Quartz
Comment 16: Quartz Yield Loss
Comment 17: Instructions to Customs
[FR Doc. E7-20344 Filed 10-15-07; 8:45 am]
BILLING CODE 3510-DS-S
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