[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63830-63831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26869]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-828; A-823-805]
Silicomanganese From the People's Republic of China and Ukraine:
Continuation of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations by the Department of Commerce
(Commerce) and the International Trade Commission (ITC) that revocation
of the antidumping duty (AD) orders on silicomanganese from the
People's Republic of China (China) and Ukraine would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of the AD orders on silicomanganese from China and
Ukraine.
DATES: Applicable December 12, 2018.
FOR FURTHER INFORMATION CONTACT: Jonathan Cornfield, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3855.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2017, Commerce published the notice of initiation of
the fourth sunset reviews of the AD Orders,\1\
[[Page 63831]]
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\2\ As a result of its reviews, Commerce determined that
revocation of the AD Orders would likely lead to a continuation or
recurrence of dumping and, therefore, notified the ITC of the magnitude
of the margins of dumping likely to prevail should the orders be
revoked.\3\ On December 6, 2018, the ITC published its determination,
pursuant to sections 751(c) and 752 of the Act, that revocation of the
AD Orders would likely lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time.\4\
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\1\ See Notice of Antidumping Duty Order: Silicomanganese from
the People's Republic of China, 59 FR 66003 (December 22, 1994) and
Suspension Agreement on Silicomanganese from Ukraine; Termination of
Suspension Agreement and Notice of Antidumping Duty Order, 66 FR
43838 (August 21, 2001) (AD Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 46221
(October 4, 2017).
\3\ See Silicomanganese from the People's Republic of China:
Final Results of Expedited Fourth Sunset Reviews of the Antidumping
Duty Orders, 83 FR 5609 (February 8, 2018). See also Silicomanganese
from the People's Republic of China: Notice of Correction to the
Final Results of the Expedited Fourth Sunset Review of the
Antidumping Duty Order, 83 FR 17995 (April 25, 2018).
\4\ See Investigation No. 731-TA-672-673 (Fourth Review):
Silicomanganese from China and Ukraine: 83 FR 62900 (December 6,
2018), and USITC Publication 4845 (November 2018).
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Scope of the AD Orders
The merchandise covered by these orders is silicomanganese.
Silicomanganese, which is sometimes called ferrosilicon manganese, is a
ferroalloy composed principally of manganese, silicon, and iron, and
normally contains much smaller proportions of minor elements, such as
carbon, phosphorous and sulfur. Silicomanganese generally contains by
weight not less than 4 percent iron, more than 30 percent manganese,
more than 8 percent silicon and not more than 3 percent phosphorous.
All compositions, forms and sizes of silicomanganese are included
within the scope of these orders, including silicomanganese slag, fines
and briquettes. Silicomanganese is used primarily in steel production
as a source of both silicon and manganese.
Silicomanganese is currently classifiable under subheading
7202.30.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Some silicomanganese may also currently be classifiable under
HTSUS subheading 7202.99.5040.\5\ The AD Orders cover all
silicomanganese, regardless of its tariff classification. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the AD Orders remains dispositive.
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\5\ 7202.99.5040 is the applicable HTSUS statistical reporting
prior to July 2, 2003. Effective July 2, 2003, the subject
merchandise that would originally have entered under 7202.99.5040
now enters under 7202.99.8040.
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Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the AD Orders would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of the AD Orders. U.S. Customs
and Border Protection will continue to collect cash deposits at the
rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the AD Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year review of this order not later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: December 7, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-26869 Filed 12-11-18; 8:45 am]
BILLING CODE 3510-DS-P